Right To Education Has Been Passed Under Which Amendment?

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Right To Education Has Been Passed Under Which Amendment
Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

  • Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
  • With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

: Departmen of School Education & Literacy
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What is the 86th Constitutional Amendment?

The 86th Constitutional Amendment (2002) inserted Article 21A in the Indian Constitution which states: ‘ The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.
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When was 86th Amendment done?

National Portal of India An Act further to amend the Constitution of India. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Constitution (Eighty-sixth Amendment) Act, 2002.

  • 2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.2.
  • Insertion of new article 21A.- After article 21 of the Constitution, the following article shall be inserted, namely:- Right to education.- “21A.
  • The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”.3.

Substitution of new article for article 45.- For article 45 of the Constitution,the following article shall be substituted, namely:-, Provision for early childhood care and education to children below the age of six years. “45. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”.4.

  1. Amendment of article 51A.- In article 51A of the Constitution, after clause (J), the following clause shall be added, namely:- “(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.”.
  2. SUBHASH C.
  3. JAIN, Secy.

to the Govt. of India. : National Portal of India
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What is the difference between Article 21A and Article 45?

Insertion of Article 21A, making elementary education a fundamental right of all children between the age group of 6-14 years, Article 45 has been amended so as to restrict its scope to pre-primary education up to 6 years of age.
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In which Amendment right to education was included in India?

The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002. The Right of Children to Free and Compulsory Education Act, a law to enable the implementation of the fundamental right, was passed by Parliament last year.
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Why Article 21a is added?

Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

  • Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
  • With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

: Departmen of School Education & Literacy
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Is education a First Amendment?

Does the First Amendment apply to public schools? Yes. The First Amendment applies to all levels of government, including public schools. Although the courts have permitted school officials to limit the rights of students under some circumstances, the courts have also recognized that students — like all citizens — are guaranteed the rights protected by the First Amendment.

  • Earlier in our history, however, the First Amendment did not apply to the states — and thus not to public schools.
  • When adopted in 1791, the First Amendment applied only to Congress and the federal government (“Congress shall make no law “).
  • This meant that when public schools were founded in the mid-19th century, students could not make First Amendment claims against the actions of school officials.

The restrictions on student speech lasted into the 20th century. In 1908, for example, the Wisconsin Supreme Court ruled that school officials could suspend two students for writing a poem ridiculing their teachers that was published in a local newspaper.

The Wisconsin court reasoned, “such power is essential to the preservation of order, decency, decorum, and good government in the public schools.” And in 1915, the California Court of Appeals ruled that school officials could suspend a student for criticizing and “slamming” school officials in a student assembly speech.

In fact, despite the passage of the 14th Amendment in 1868, which provides that “no state shall deprive any person of life, liberty or property without due process of law,” it was not until 1925, by way of the Supreme Court case of Gitlow v. New York, that the Supreme Court held that the freedom of speech guaranteed by the First Amendment is one of the “liberties” incorporated by the Due Process Clause of the 14th Amendment.

In subsequent cases, the Court has applied all of the freedoms of the First Amendment to the states — and thus to public schools — through the 14th Amendment. But not until 1943, in the flag-salute case of West Virginia v. Barnette, did the U.S. Supreme Court explicitly extend First Amendment protection to students attending public schools.

The Barnette case began when several students who were Jehovah’s Witnesses refused to salute the flag for religious reasons. School officials punished the students and their parents. The students then sued, claiming a violation of their First Amendment rights.

However, the high court reversed itself in Barnette, holding that the free-speech and free exercise of religion provisions of the First Amendment guarantee the right of students to be excused from the flag salute on grounds of conscience.Writing for the majority, Justice Robert Jackson said that the Supreme Court must ensure “scrupulous protection of constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.” The Court then warned of the dangers of coercion by government in oft-cited, eloquent language:”If there is any fixed star in our Constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Category:

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: Does the First Amendment apply to public schools?
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Who introduced RTE in India?

The Right to Education Act 2009, also known as the RTE Act 2009, was enacted by the Parliament of India on 4 August 2009. It describes modalities of the importance of free and compulsory education for children aged between 6-14 years in India under Article 21 (A) of the Constitution of India.
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What was added in the 42nd amendment Act?

Constitutional changes – Almost all parts of the Constitution, including the Preamble and amending clause, were changed by the 42nd Amendment, and some new articles and sections were inserted. Some of these changes are described below. The Parliament was given unrestrained power to amend any parts of the Constitution, without judicial review.

This essentially invalidated the Supreme Court’s ruling in Kesavananda Bharati v. State of Kerala in 1973. The amendment to article 368, prevented any constitutional amendment from being “called in question in any Court on any ground”. It also declared that there would be no limitation whatever on the constituent power of Parliament to amend the Constitution.

The 42nd Amendment also restricted the power of the courts to issue stay orders or injunctions. The 42nd Amendment revoked the courts’ power to determine what constituted an office of profit, A new article 228A was inserted in the Constitution which would give High Courts the authority to “determine all questions as to the constitutional validity of any State law”.

  1. The amendment’s fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty.
  2. The 43rd and 44th Amendments reversed these changes.
  3. Article 74 was amended and it was explicitly stipulated that “the President shall act in accordance with the advice of the Council of Ministers “.

Governors of states were not included in this article. The interval at which a proclamation of Emergency under Article 356 required approval from Parliament was extended from six months to one year. Article 357 was amended so as to ensure that laws made for a State, while it was under Article 356 emergency, would not cease immediately after the expiry of the emergency, but would instead continue to be in effect until the law was changed by the State Legislature.

  1. Articles 358 and 359 were amended, to allow suspension of Fundamental Rights, and suspension of enforcement of any of the rights conferred by the Constitution during an Emergency.
  2. The 42nd Amendment added new Directive Principles, viz.
  3. Article 39A, Article 43A and Article 48A.
  4. The 42nd Amendment gave primacy to the Directive Principles, by stating that “no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights”.

The Amendment simultaneously stated that laws prohibiting “anti-national activities” or the formation of “anti-national associations” could not be invalidated because they infringed on any of the Fundamental Rights. The 43rd and 44th Amendments repealed the 42nd Amendment’s provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament’s power to legislate against “anti-national activities”.

  1. The 42nd Amendment also added a new section to the Article on “Fundamental Duties” in the Constitution.
  2. The new section required citizens “to promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic and regional or sectional diversities.” The 42nd Amendment granted power to the President, in consultation with the Election Commission, to disqualify members of State Legislatures.

Prior to the Amendment, this power was power vested in the Governor of the State. Article 105 was amended so as to grant each House of Parliament, its members and committees the right to “evolve” their “powers, privileges and immunities”, “from time to time”.

Article 194 was amended to grant the same rights as Clause 21 to State Legislatures, its members and committees. Two new clauses 4A and 26A were inserted into article 366 of the Constitution, which defined the meaning of the terms “Central Law” and “State Law” by inserting two new clauses 4A and 26A into article 366 of the Constitution.

The 42nd Amendment froze any delimitation of constituencies for elections to Lok Sabha and State Legislative Assemblies until after the 2001 Census of India, by amending article 170 (relating to composition of Legislative Assemblies ). The total number of seats in the Lok Sabha and the Assemblies remained the same until the 91st Amendment Bill which was the 84th Amendment to the constitution, passed in 2003, extended the freeze up to 2026.

The number of seats reserved for the Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies was also frozen. The amendment extended the term of Lok Sabha and Legislative Assemblies members from five to six years, by amending article 172 (relating to MLAs ) and Clause(2) of Article 83 (for MPs).

The 44th Amendment repealed this change, shortening the term of the aforementioned assemblies back to the original 5 years. Article 312, which makes the provision for All India Services was amended to include the All-India Judicial Service,
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When was the 21st amendment abolished?

The 21st Amendment to the U.S. Constitution is ratified, repealing the 18th Amendment and bringing an end to the era of national prohibition of alcohol in America. At 5:32 p.m. EST, Utah became the 36th state to ratify the amendment, achieving the requisite three-fourths majority of states’ approval.

Pennsylvania and Ohio had ratified it earlier in the day. The movement for the prohibition of alcohol began in the early 19th century, when Americans concerned about the adverse effects of drinking began forming temperance societies. By the late 19th century, these groups had become a powerful political force, campaigning on the state level and calling for national liquor abstinence.

Several states outlawed the manufacture or sale of alcohol within their own borders. In December 1917, the 18th Amendment, prohibiting the “manufacture, sale, or transportation of intoxicating liquors for beverage purposes,” was passed by Congress and sent to the states for ratification.

On January 16, 1919, the 18th Amendment was ratified by the states. Prohibition went into effect the next year, on January 17, 1920. READ MORE: The Night Prohibition Ended In the meantime, Congress passed the Volstead Act on October 28, 1919, over President Woodrow Wilson’s veto. The Volstead Act provided for the enforcement of Prohibition, including the creation of a special Prohibition unit of the Treasury Department.

In its first six months, the unit destroyed thousands of illicit stills run by bootleggers. However, federal agents and police did little more than slow the flow of booze, and organized crime flourished in America. Large-scale bootleggers like Al Capone of Chicago built criminal empires out of illegal distribution efforts, and federal and state governments lost billions in tax revenue.

In most urban areas, the individual consumption of alcohol was largely tolerated and drinkers gathered at “speakeasies,” the Prohibition-era term for saloons. Prohibition, failing fully to enforce sobriety and costing billions, rapidly lost popular support in the early 1930s. In 1933, the 21st Amendment to the Constitution was passed and ratified, ending national Prohibition.

After the repeal of the 18th Amendment, some states continued Prohibition by maintaining statewide temperance laws. Mississippi, the last dry state in the Union, ended Prohibition in 1966. READ MORE: How the Prohibition Era Spurred Organized Crime On December 5, 2013, Nelson Mandela, the former activist who overcame a nearly three-decade prison stint to become president of South Africa, passes away after years of struggling with health issues.

He was 95. “Our nation has lost its greatest son. Our people have lost a,read more At 2:10 p.m. on December 5, 1945, five U.S. Navy Avenger torpedo-bombers comprising Flight 19 take off from the Ft. Lauderdale Naval Air Station in Florida on a routine three-hour training mission. After having completed their objective, Flight 19 was scheduled to take them due,read more The Dei Gratia, a small British brig under Captain David Morehouse, spots the Mary Celeste, an American vessel, sailing erratically but at full sail near the Azores Islands in the Atlantic Ocean.

The ship was seaworthy, its stores and supplies were untouched, but not a soul was,read more The first Medal of Honor awarded to a U.S. serviceman for action in Vietnam is presented to Capt. Roger Donlon of Saugerties, New York, for his heroic action earlier in the year.

  1. Captain Donlon and his Special Forces team were manning Camp Nam Dong, a mountain outpost near the,read more On December 5, 2002, the legendary television producer and executive Roone Arledge dies in New York City, at the age of 71.
  2. Born in Forest Hills, Queens, Arledge won his first producing job from New York’s Channel 4, where he worked behind the scenes on a puppet show starring,read more Eddie Murphy stars as the wisecracking Detective Axel Foley in the action-comedy Beverly Hills Cop, released in theaters on December 5, 1984.

The movie marked the first major starring role for Murphy, who went on to become one of the top-grossing actors in Hollywood. Murphy was,read more A fire at the Brooklyn Theater in New York kills nearly 300 people and injures hundreds more on December 5, 1876.

Some victims perished from a combination of burns and smoke inhalation; others were trampled to death in the general panic that ensued. The play The Two Orphans,read more Bridget Landregan is found beaten and strangled to death in the Boston suburb of Dorchester. According to witnesses, a man in black clothes and a flowing cape attempted to sexually assault the dead girl before running away.

In 1874, a man fitting the same description clubbed,read more In an effort to prop up an unpopular pro-Soviet regime in Afghanistan, the Soviet Union signs a “friendship treaty” with the Afghan government agreeing to provide economic and military assistance.
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What is Act 45 in education?

Pennsylvania Department of Education is pleased to present this new Act 45 course to ensure all schools across the Commonwealth are prepared for the return to school in the 2021-22 school year. In alignment with previous versions of the Roadmap for School Leaders, this course represents the “roadmap” for district teams to return to school, taking into consideration the effect the past year has had on their school community and student learning.

The goal of the Accelerated Learning Act 45 courses, provided at both 30-hour and 60-hour options, is to ensure all schools across the Commonwealth are prepared to address the needs of staff, students and the larger school community in overcoming the year- long pandemic challenges that disrupted normal routines, exacerbated existing inequities, and resulted in social, emotional and academic deficits that can be overcome by a comprehensive approach to accelerating learning through an integrated system of supports.

This series of professional learning modules focuses on the following key areas:

Systems-based approach to accelerating learning in response to learning gaps Managing and improving system conditions through a continuous cycle of examining data and adjusting strategies accordingly Academic processes for assessment and data utilizationMental health and supportive learning environmentsScaffolded supports for academic, social and emotional wellbeingFamily engagementImplementation and monitoring routinesStaffing, mentoring and induction

All aspects of this course have been designed by Pennsylvania Department of Education personnel and partners who adhere to the PA Academic Standards, Resiliency Framework, Comprehensive Planning, Future Ready Index and related statutes, regulations and guidelines. To register for and earn Act 45 credit for participating in this course, you will need to do the following:

Register to receive Act 45 credits by completing and submitting this Accelerated Learning Act 45 Registration form,Participate in at least 15 sessions to qualify for 30 hours of Act 45 credit; orParticipate in at least 30 sessions to qualify for 60 hours of Act 45 credit. (Sessions attended are to be documented on the session completion form and submitted as part of the final report.)Complete the evaluation form at the end of every session you attend. Note that you will receive an exit code at the end of the session (synchronous and/or asynchronous). Be sure to select the correct session title from the dropdown menu (Act 45) on the evaluation form so you are properly credited.Apply the learning from the sessions to your LEA plan document. (Template provided). Act 45 credit requires that you spend an equivalent amount of time preparing for or applying the learning from the sessions as you do in the actual sessions. Time spent with your team developing your plan certainly counts. While there is no requirement for you to document this time, the quality of your plan will be an indication of your application of the learning.In addition to completing the session completion form indicating the sessions you attended, submit your completed plan document to the attention of Dr. Jeffrey Fuller, Director of Bureau of School Support, at [email protected], by October 30, 2021, for review and approval of Act 45 course completion and crediting of hours.

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What is the difference between Article 21 and 21A?

Changes to be made in the provisions of the Constitution – I. DEFINING NEW AGE BRACKET IN THE RIGHT TO EDUCATION UNDER ARTICLE 21A The old provision under 21A provides education rights to children from 6-14yrs. It should be extended from3-18yrs now. Thus, the new right to education under amended article 21 A will go as: 21A.

  • II. AMENDING ARTICLE 30, BY ADDITION OF A CLAUSE (3), WHICH WILL IMPOSE REASONABLE RESTRICTIONS ON 30 CLAUSE (1)
  • Article 30(1) provides that All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • A new clause will be added as 30 (3) which will state that:
  • (3) Nothing in clause (1) of the said article shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe, Schedule Castes or any socially and educationally Backward Classes of citizens.

III. AMENDING ARTICLE 15(5) AND THEREBY REMOVING THE EXEMPTION PROVIDED TO MINORITY EDUCATIONAL INSTITUTIONS FROM CONSTITUTIONAL RESERVATIONS.

  1. Thus, this amendment will enable the extension of the application of Article 21A to the minority institutions as well.
  2. The new Article 15(5) will state that:
  3. (5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State and also including the minority educational institutions, whether aided or unaided by the State referred to in clause (1) of Article 30.]

These necessary amendments in the constitution of India will aim to achieve the real meaning of the right to education in India. Education is the foundation for a person’s identity, mind-body development, a quality life of dignity, and his overall future. Thus, equal access to it must be provided to each and every citizen thus removing the unfair gaps in the nation
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Who introduced Article 21A?

The Tapas Majumdar Committee was established in 1999, with the goal of inserting Article 21A. Under 2002, the 86th amendment to India’s constitution designated education as a basic right in Part III of the Constitution.
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Is education covered by the 10th Amendment?

Where Are We Now? – The United States has changed dramatically since the early debates on the role of public schools and the role of the federal government in supporting and sustaining them. The importance of education for the common good has shifted from primarily local control to state and national control, with national attention from the Federal government and national organizations.

  • Congress is currently embroiled in a debate and stalemate over the reauthorization of ESEA, the 2001 NCLB.
  • Major issues include the purpose and role of the federal government in education, funding, and the extent to which the federal government should play a role in public education.
  • Areas for national debate involve school choice, accountability, teacher quality, goals, standards and above all, funding.

Federal funding currently averages about 10 percent of local school budgets. During the coming year, local and state Leagues across the United States will discuss the role of the federal government in public education with the goal of coming to consensus on a number of questions.

References Books: Darling-Hammond, L., (2010). The flat world and education: How America’s commitment to equity will determine our future, New York: Teachers College Press. Ravitch, D. (2010). The death and life of the great American school system: How testing and choice are undermining education. New York: Basic Books.

Theobald, P. (2009). Education now: How rethinking America’s past can change its future. Boulder, Colorado: Paradigm Publishers. Online links: National Commission on Excellence in Education. (1983). A Nation at Risk, Retrieved from http://www2.ed.gov/pubs/NatAtRisk/risk.html National Governors Association Center for Best Practices and Council of Chief State School Officers (2010).

Common Core Standards, Retrieved from http://www.corestandards.org U.S. Department of Education (2002). Elementary and Secondary Education Ac t. Retrieved from http://www.ed.gov/policy/elsec/leg/esea02/index.html U.S. Department of Education (2010). Reauthorization of the Elementary and Secondary Education Act.

Retrieved from http://www.ed.gov/blog/topic/esea-reauthorization ADDENDUM to “Role of Federal Government in Public Education: Historical Perspectives” Federal Acts and Court Cases Involving Federal Role in Public Education

Event Date Explanation
Land Ordinance & Northwest Ordinance 1785/1787 Required a system of public education to be established in each township formed under a specified formula. Regulated monies raised via selling or renting land, or taxes.
Land Grants 1841/1848 Congress granted 77+ million acres of land in the public domain as endowments for support of schools. Federal government also granted surplus money to states for public education.
Early philosophy – first six presidents 1790-1820 Discussed a national university and urged federal involvement in public education. Seen as critical to preparation for citizenship in a republican form of government.
First Morrill Act otherwise known as the Land Grant Act 1862 Donated public lands to states to be used for the endowment to support and maintain at least one college with specific purpose of teaching agriculture, mechanic arts and industrial education.
The original Department (Office) of Education established 1867 Began to collect data – information on schools and teaching that would help states establish effective school systems.
Second Morrill Act 1890 Gave the Office of Education responsibility for administering support for the original system of land-grant colleges.
Smith-Hughes Act 1917 Promoted vocational schools. Repealed 1997.
Lanham Act Impact Aid laws 1941 1950 Eased the burden on communities affected by presence of military and federal installations through payments to school districts.
GI Bill 1944 Provided post secondary education assistance to GIs returning from WW II.
George-Barden Act 1946 Provided funding for agricultural, industrial and home economics training for high school students.
National Defense Education Act 1958 In response to Soviet Sputnik. NDEA included support for loans to college students in science, mathematics and foreign languages.
Elementary and Secondary Education Act 1965 Established comprehensive set of programs, including Title I of federal aid to disadvantaged.
Title IX 1972 Prohibited discrimination in education based on gender.
Section 504 of the Rehabilitation Act 1973 Prohibited discrimination based on disability.
Department of Education made a cabinet level agency 1980 Recognized the important role of public education.
Educational Testing Service (ETS) 1983 Federal government transferred responsibility for administering the National Assessment of Educational Progress (NAEP) to ETS.
Nation at Risk 1983 Published report indicating that the United States was falling behind in education achievement.
President G.H. Bush 1989-1992 “Indian Education Bill of Rights” K-12 Drug awareness model. Advisory committee on Hispanic education. America 2000 education reform program. Work began on national standards.
President W. Clinton 1993-1999 Academics 2000 offered grants to states and local school districts for innovative programs.
President G.W. Bush 2001-2008 Reauthorization of ESEA – No Child Left Behind.
President Barack Obama 2009 – President Obama’s Blueprint for Reform – Reauthorization of ESEA. Race to the Top: Grants awarded to states with innovative ideas that accepted the Common Core Standards.

Government Actions and Court Cases Two of our constitutional amendments play an important role in public education. The 10th Amendment proclaims that anything not included in the U.S. Constitution is reserved for the 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.” Thus, public education became a states’ rights mandate and one that developed over time to have education funded by both state and local governments.

The 14th Amendment guarantees rights to all citizens. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law that shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.” Beginning in 1791, there have been many Supreme Court decisions and federal government laws that impact public education, providing greater equity for citizens.1791: Bill of Rights of the Constitution was passed.

No mention is made of education in any of the amendments. However the 10th Amendment states that powers not delegated to the federal government are reserved to the states or to the people. Thus, education became a function of the state rather than the federal government.1896: Plessy v.

  1. Ferguson ruled that “separate but equal” policies would be legal.1925: Tennessee v.
  2. John Scopes (“the Monkey Trial”) captured national attention as John Scopes, a high school biology teacher, was charged with teaching evolution.
  3. The trial ended with Scopes’s conviction.1931: Alvarez v.
  4. The Board of Trustees of the Lemon Grove (California) School District became the first successful school desegregation court case in the United States and referred to placing Mexican-American children in separate schools.1946: Mendez v.

Westminster and the California Board of Education ruling by the Supreme Court that educating Mexican-American children in separate facilities was unconstitutional.1947: Everson v. Board of Education ruled that the New Jersey law allowing reimbursements of transportation for children to get to school (even religious schools) did not violate the Establishment clause of the First Amendment.1948: McCollum v.

  • Board of Education ruled that schools couldn’t allow religious education (called “released time”) during the school day in public school classrooms.1950: Public Law-740 granted a federal charter to Future Farmers of America and recognized it as an integral part of public vocational education.
  • Revised in 1998 as Public Law 105-225.1954: Brown v.

Board of Education of Topeka ruled that “separate but equal” as ruled under Plessy v. Ferguson was not legal. It was the historic first step for equality in public education.1965: Elementary and Secondary Education Act (ESEA) provided federal funds to help low-income students and included such segments as Title 1 support for children in math and reading who fell behind and included bilingual education.1968: The Bilingual Education Act also known as Title VII.

The law was repealed in 2002, but bilingual education was placed under No Child Left Behind.1968: Epperson v. Arkansas ruling by the Supreme Court that the state of Arkansas’s law prohibiting the teaching of evolution in public schools or universities was unconstitutional.1970: Diana v. California State Board required that children referred for special education placement be tested in their primary language if possible.1971: Pennsylvania Association for Retarded Children (PARC) v.

Pennsylvania determined that students with mental retardation are entitled to free public education.1972: The Indian Education Act became law and established a “comprehensive approach” to meeting the unique needs of American-Indian and Alaskan-Native students.1972: Mills v.

The Board of Education of Washington DC extended PARC v. Pennsylvania ruling for students with disabilities, requiring provisions of “adequate alternative educational services suited to the needs of the child.” 1973: The Rehabilitation Act became law with Section 504 guaranteeing civil rights for people with disabilities and required accommodations in schools including participation in programs and activities as well as access to buildings.

Today “504 plans” are used to provide accommodations for students with disabilities, who do not qualify for special education under Individual Education Plans.1975: The Education of all Handicapped Children Act (PL94-142) required that a free, appropriate public education, suited to the student’s individual needs and offered in the least restrictive environment, be provided for all “handicapped” children.

  • States were given until 1978 to comply;this was later extended to 1981.1982: Edwards v.
  • Aguillard ruling by the Supreme Court invalidated Louisiana’s “Creationism Act” that required the teaching of creationism whenever evolution was taught.1982: The Board of Education v.
  • Pico ruling by the Supreme Court that books could not be removed from a school library because school administrators deemed their content to be offensive.1984: Public Law 105-332, the Carl D.

Perkins Vocational and Technical Education Act was passed with the goal of increasing the quality of vocational-technical education in the United States. It was reauthorized in 1998 and, again, in 2006 as the Carl D. Perkins Vocational and Technical Education Act (PL 109-270).1984: The Emergency Immigration Education Act was enacted to provide services and offset the costs for school districts that had unexpectedly large numbers of immigrant students.1985: Wallace v.

Jaffree ruling by the Supreme Court that Alabama’s statutes authorizing silent prayer and teacher-led voluntary prayer in public schools violated the First Amendment.1990: Public Law (101-476), The Individual with Disabilities Education Act (IDEA) renames and amends Public Law 94-142. It changed the terminology from “handicapped” to “disability.” It mandated transition services and added autism and traumatic brain injury to the eligibility list.1998: The Higher Education Act was amended and reauthorized, requiring institutions and states to produce “report cards” about teacher education.2000: Santa Fe School District v.

Doe ruled that the district’s policy of allowing student-led prayer prior to football games violated the Establishment clause of the First Amendment.2001: No Child Left Behind Act approved, reauthorizing ESEA of 1965 and holding schools accountable for student achievement levels by providing penalties for schools not meeting adequate yearly progress toward those goals.2002″ Zelman v.

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Simmons-Harris ruling by the Supreme Court that certain school voucher programs were constitutional and did not violate the Establishment clause of the First Amendment.2004: Alignment of IDEA with NCLB. IDEA became the Individuals with Disabilities Education Improvement Act (IDEIA).2005: Kitzmiller v.

Dover Area School District ruled that teaching “intelligent design” as an alternative to evolution is a violation of the First Amendment.2009: American Reinvestment and Recovery Act provided more than 90 billion dollars for education, nearly half of which goes to local school districts to prevent layoffs and for school modernization and repair.

It included the “Race to the Top” competitive grant.2009: Common Core Standards initiative developed possible national standards by a coordinated effort of Chief State School officers and Governors Association Center for Best Practices. Carolyn Jefferson-Jenkins (LWVCO) is a member of the LWVEF Education Study Committee on the Role of the Federal Government in Public Education.

Margaret Hawkins Hill (LWVTX) is co-chair of the LWVEF Education Study Committee on the Role of the Federal Government in Public Education. Produced by The Education Study: The Role of the Federal Government in Public Education, 2011 ©2011 by the League of Women Voters
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Is the right to education an Amendment?

The Arguments of the Respondents – The attorneys representing the undocumented immigrant children, the respondents in this case, answered “yes” to both of the constitutional questions. To support their position, the respondents offered the following arguments:

  • The U.S. Supreme Court has previously ruled that the equal protection clause of the 14th Amendment applies not only to citizens but to “any person” including aliens, The children in this case are “persons” living within the “jurisdiction” of the state since they reside in Texas and are subject to its laws.
  • Discrimination against the school-age children in this case is not justified by any “substantial state interest”: a. The children in this case represent only 1 percent of the school-age population in Texas. Spending some state funds by educating these children will not reduce the quality of schooling of the other children.b. There is little evidence that undocumented immigrants come to Texas seeking educational benefits for their children. Most come looking for jobs.c. Most of the state funds used for bilingual education and related special needs are spent on pupils who are legal residents.
  • While education may not be a “fundamental right” under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system (as in Texas), no child living in that state may be denied equal access to schooling.
  • Failure to educate these children will lead to higher future social costs related to unemployment, welfare, and crime.
  • Children should not be penalized for the illegal acts of their parents.
  • Undocumented immigrant children could later become legal residents or even citizens as a result of marriage or changes in the law.
  • Denying a free public education to the children of undocumented immigrants now will keep them forever in the lowest socio-economic class.
  • Some children of undocumented immigrant parents were born in this country. These children are already full citizens of the United States and are entitled to an education. their brothers and sisters born in Mexico, however, are still in the U.S. illegally. Is it fair for some children in a family to have access to public education while others are denied?
  • The Texas law presents the danger of creating a permanent class of undocumented immigrants encouraged to stay as cheap labor but denied any benefits of society.
  • Texas will be better off having these children in school rather than roaming the streets.

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Does the 9th Amendment protect education?

Contrary to Rodriguez, a fundamental right to an education exists in the United States Constitution. This un-enumerated right is protected by the Ninth Amendment.
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Can Article 21 be amended?

Article 21 cannot be suspended during an emergency. The 44th Amendment of the Constitution provided that this article could not be suspended even during an emergency.

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What is 86th Amendment and RTE 2009?

What is the Act about? Every child between the ages of 6 to 14 years has the right to free and compulsory education. This is stated as per the 86th Constitution Amendment Act via Article 21A.
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What is 21st Amendment rights?

TWENTY-FIRST AMENDMENT The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
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Where was the 14th Amendment passed?

Thaddeus Stevens – In late April, Representative Thaddeus Stevens introduced a plan that combined several different legislative proposals (civil rights for Black people, how to apportion representatives in Congress, punitive measures against the former Confederate States of America and repudiation of Confederate war debt), into a single constitutional amendment.

  • After the House and Senate both voted on the amendment by June 1866, it was submitted to the states for ratification.
  • President Johnson made clear his opposition to the 14th Amendment as it made its way through the ratification process, but Congressional elections in late 1866 gave Republicans veto-proof majorities in both the House and Senate.

Southern states also resisted, but Congress required them to ratify the 13th and 14th Amendments as a condition of regaining representation in Congress, and the ongoing presence of the Union Army in the former Confederate states ensured their compliance.
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What is the First Amendment right?

The Bill of Rights – One of the principal points of contention between the Federalists and Anti-Federalists was the lack of an enumeration of basic civil rights in the Constitution. Many Federalists argued, as in Federalist No.84, that the people surrendered no rights in adopting the Constitution.

In several States, however, the ratification debate in some States hinged on the adoption of a bill of rights. The solution was known as the Massachusetts Compromise, in which four States ratified the Constitution but at the same time sent recommendations for amendments to the Congress. James Madison introduced 12 amendments to the First Congress in 1789.

Ten of these would go on to become what we now consider to be the Bill of Rights. One was never passed, while another dealing with Congressional salaries was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Declaration of Rights, the English Bill of Rights, the writings of the Enlightenment, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many today consider to be fundamental to America.

The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances. The Second Amendment gives citizens the right to bear arms.

The Third Amendment prohibits the government from quartering troops in private homes, a major grievance during the American Revolution. The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.

The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

The Sixth Amendment assures the right to a speedy trial by a jury of one’s peers, to be informed of the crimes with which one is charged, and to confront the witnesses brought forward by the government. The amendment also provides the accused the right to compel testimony from witnesses, as well as the right to legal representation.

The Seventh Amendment provides that civil cases preserve the right to trial by jury. The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments. The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.

The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the States, to either the States or to the people. Learn more about the Constitution
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How does the First Amendment relate to education?

What rights to freedom of expression do students have? Public school students possess a range of free-expression rights under the First Amendment. Students can speak, write articles, assemble to form groups and even petition school officials on issues.

The U.S. Supreme Court has said that students “do not shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.” There is a fundamental distinction between public and private school students under the First Amendment. The First Amendment and the other provisions of the Bill of Rights limit the government from infringing on an individual’s rights.

Public school officials act as part of the government and are called state actors. As such, they must act according to the principles in the Bill of Rights. Private schools, however, aren’t arms of the government. Therefore, the First Amendment does not provide protection for students at private schools.

  1. Though public school students do possess First Amendment freedoms, the courts allow school officials to regulate certain types of student expression.
  2. For example, school officials may prohibit speech that substantially disrupts the school environment or that invades the rights of others.
  3. Many courts have held that school officials can restrict student speech that is lewd.

Many state constitutions contain provisions safeguarding free expression. Some state Supreme Courts have interpreted their constitutions to provide greater protection than the federal Constitution. In addition, a few states have adopted laws providing greater protection for freedom of speech.
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Why is the 86th amendment Important?

Conclusion: – The 86th amendment is one of the essential amendments, which are extremely beneficial for our society and students alike. This act has proven to be a revolutionary step by the government as it will enable children to receive quality education and also enable parents to fulfill their children’s rights as per their young age.
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Why was the 86th amendment made?

Text –

  • BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-
  • 1. Short title and commencement:
  • (1) This Act may be called the Constitution (Eighty-sixth Amendment) Act, 2002.
  • (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
  • 2. Insertion of new article 21A:
  • After article 21 of the Constitution, the following article shall be inserted, namely:-
  • Right to education.-

“21A. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”.

  1. 3. Substitution of new article for article 45: –
  2. For article 45 of the Constitution, the following article shall be substituted, namely:-,
  3. Provision for early childhood care and education to children below the age of six years.

“45. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”.

  • 4. Amendment of article 51A:
  • In article 51A of the Constitution, after clause (J), the following clause shall be added, namely:-
  • “(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.”
  • The full text of Article 45 of the Constitution, after the 86th Amendment, is given below:
  1. 45. Provision for free and compulsory education for children:
  2. The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
  3. 45. Provision for early childhood care and education to children below the age of six years:
  4. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

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What is constitutional amendment in Ethiopia?

Constitutional amendment is a modification on the exiting constitution in light of new demands. The aim of this study was to explore the necessity of constitutional amendment in Ethiopia and to identify the factors that obstruct constitutional amendment.
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What is the main aim of the 1987 amendment?

The Air (Prevention and Control of Pollution) Act was enacted in 1981 and amended in 1987 to provide for the prevention, control and abatement of air pollution in India.
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