School Days, School Days, Good ‘Ole Golden Rule Days

So be true to your school now

Just like you would to your girl
 (or guy)     

Be true to your school now

And let your colors fly

Be true to your school

~Beach Boys

 “Be True to Your School”

It’s back to school time! In suburban Chicago, many students have already been back at school for more than a week. For me, this year is bittersweet because it is my younger daughter’s last year in high school.

Our educational system is intricately intertwined with the law. For about 13 years of our lives—kindergarten through 12th grade—the law dictates how we spend most of our waking hours nine months out of the year. Laws govern how old we must be to attend school and where we attend school. We might attend a public school or a private school; we might be home schooled. Teachers must be licensed.

Laws affecting education may be federal, state or local. The highest authority of federal law is the U.S. Constitution, and the Tenth Amendment defines the federal government’s role in education. The Tenth Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Huh? Where’s the part about schools?

This is definitely a case of reading between the lines or looking at what the Constitution doesn't say. The U.S. Constitution does not give the federal government the authority to establish and oversee education, and it does not prohibit the states from creating their own public education systems. Therefore, the responsibility for education is reserved to the states or the people.

If the federal government doesn’t have the power to oversee public education, then why do we have the U.S. Department of Education? What does the Department of Education even do? Let's first look at the history of the Department of Education. It has been a part of the Executive Branch since 1867, but it did not become a cabinet level agency until 1980. Even now, it's the smallest Cabinet-level department. 

Its stated mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.

Why do we have a federal agency devoted to education, and what does it do? According to their website (www.ed.gov), the Department of Education carries out its mission in two major ways:

1. Playing a leadership role in the ongoing national dialogue over how to improve the results of our education system for all students—raising awareness of the educational challenges confronting the nation, disseminating the latest discoveries on what works in teaching and learning, and helping communities work out solutions to difficult educational issues.
2. Administering programs that cover every area of education.In plain language the Department of Education cannot create laws affecting the provision of education unless it is providing financial backing to the schools for federal programs.

It’s a tactic that the federal government uses to regulate aspects of our lives that they don’t have the power to regulate directly. Remember all the discussion about “No Child Left Behind” about a decade ago? The reach of this piece of legislation, which President Bush considered one of his greatest achievements (at least in relation to education), was limited by money. It affected schools that received federal funds. Of course, that pretty much included all public schools, but rather than adhere to the rigid and sometimes unrealistic standards of the legislation, many schools and school districts decided not to accept federal funds.

Still, the federal government's reach isn't completely limited by the Tenth Amendment. When fundamental rights are involved--free speech, freedom of religion, unreasonable search and seizure, cruel and unusual punishment, due process and equal protection--the federal government can step in to protect those rights for its citizens.