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Does the Contstitution guarantee a right to education?


Does the Contstitution guarantee a right to education?

Great question.

The short answer is no. There is no federally guaranteed right to a free education.

But the longer answer is that free public education was in place in America before the Revolutionary War and it has been an ingrained part of our civic lives for hundreds of years. It's probably not in the constitution because: 1) it's so universal, the founders didn't see a need; and 2) education being a local issue, the founders didn't believe the federal government should be involved in it.

And though there's no federal right to an education, there is a state right to an education. Almost all states guarantee a right to a free education in their consititutions. For instance, New York State's constitution says, "The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated." And every state has extensive laws which guarantee a free and apropriate public education to every child.

In 1979, the federal government established the Department of Education to oversee the provision of education by the states.

Whether created by statute or not, a long line of court cases insist that education, having been given by the government, cannot now be taken away. And that makes it a right.

yes

Education is NOT a Federal responsibility under the Constitution. Therefore it is the Full Responsibility of the State. It is confusing because a few years back the bureaucrats in Washington created the Federal Department of Education to be an additional source of educational funds for the States - but in order to qualify for it - the States have to jump through Hoops and Kiss ***.
Washington should have kept their nose out of Education.
Those two faced Republicans condone it even though they
brag that they stand for State Rights.

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