School Vouchers: The First Step Towards a Discriminatory Educational System
On November 9, 1998, Jennifer Marshall, Education Policy Analyst for the Family Research Council, declared in a press statement: "Parental choice in education just got a green light from the Supreme Court." Her statement came as a response to the decision made the same day by the Supreme Court to deny a petition for a writ of certiorari in Jackson v. Benton, a case in Wisconsin which challenges the constitutionality of vouchers in public education. By refusing to take this case, the Supreme Court lets a decision made in the state supreme court stand, in which the court upheld the Milwaukee Parental Choice Program as constitutional. The United States Supreme Court voted almost unanimously to deny cert, indicating either that they agree with the Wisconsin court's decision or that the case is not worthy of their time or consideration, or both. (Neither the lone dissenter, Justice Stephen Breyer, nor the 8-justice majority released any explanations of their actions.) Legally, their choice not to hear the case sends a passive but clear message: vouchers in public schools are valid under the Constitution of the United States. However, questions remain surrounding the particulars of the Wisconsin program, as well as the larger questions over the concept of vouchers in general. One that is raised is: Can the government in good faith sanction the removal of children from the public schools, at its own expense and at the expense of the children who remain in those public schools?
The Court has been strangely inconsistent in its treatment of voucher cases. In 1973, The Court found that vouchers for religious schools violated the establishment clause, but ...
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...The reasons given for extant voucher programs are admirable; what decent-minded society could object to giving disadvantaged students a greater chance? The fundamental problem with voucher programs is that they only treat the symptom, and in the process create a whole new community of disadvantaged children. By refusing to review Jackson v. Benton, the Supreme Court is simply ignoring a question the justices will soon be forced to answer: do voucher programs violate the Constitution on grounds other than the separation of church and state? It is a question they will have to consider thoroughly for its ideological, sociological, and political implications. A vote in favor of voucher programs will give the go-ahead to a construction that could lead to nothing more than an educational model of residential urban sprawl, separating the desirables from the undesirables.
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
The court case Cleveland Board of Education V. LaFleur challenged the maternity policy regarding teachers having to go on unpaid leave involuntarily for 4-5 months due to their pregnancy. Jo Carol LaFleur and Ana Elizabeth Nelson whom were both teachers working under the Cleveland Board of Education when these issues occurred that lead to their decision of filing a suit against the board. They mainly hoped to be able to still continue their teaching well after the 5 month mark that the policy required them to leave. Failure to comply with these rules would have lead to their dismissal of their position or re-employment is not guaranteed. The Supreme Court ruled that the Cleveland Board of Education policy violated and went against the due process clause of the fourteenth amendment. This case was very significant in which it preserved the rights of teachers, especially women.
There has been a lot of debate recently over the use of school vouchers. Voucher programs offer students attending both public and private schools tuition vouchers. It gives taxpayers the freedom to pick where their tax dollars go. In theory, good schools will thrive with money and bad schools will lose students and close its doors. Most people feel that taking taxpayer money from public schools and using this money as vouchers for private schools is a violation of the constitution. Most private schools in America right now are run by religious organizations.
Elk Grove Unified School District v. Newdow case is a litigation that was brought by an atheist father seeking for a determination of the constitutionality of the practice of recitation of the Pledge of Allegiance by public school students since it contained the phrase “under God.” The Supreme Court had two major issues to determine i.e. whether Newdow had the legal standing to challenge the constitutionality of the practice and school board’s policy and whether the phrase “under God” was an infringement of the Establishment Clause of the country’s constitution. In its ruling, the Supreme Court argued that Michael Newdow did not have the legal standing to file the litigation since he was a non-custodial parent.
Bennett, A., & Brower, A. (2001). ’THAT’S NOT WHAT FERPA SAYS!’: THE TENTH CIRCUIT COURT GIVES DANGEROUS BREADTH TO FERPA IN ITS CONFUSING AND CONTRADICTORY FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT DECISION. Brigham Young University Education & Law Journal, 2, 327.
She realized that choice and accountability were not the answer, but that curriculum and instruction were more viable solutions to America’s educational dilemma. Ravitch suggests that to abandon public schools is to abandon the institution that supports our concepts of democracy and citizenship and to the promise of American life (Ravitch, 2011, p. 12-14). The idea of school choice is rooted in Milton Friedman’s essay concerning the government’s role in education. Friedman asserted that society should support and contribute to the maximum freedom of the individual or the family. He maintained that the government should provide vouchers to help support parents financially on their children’s education, which parents could use at the school of their choosing; so long as the school met set standards. Therefore, this creation of choice would stimulate competition, which Friedman believed would increase the development and improvement of nonpublic schools, as well as, create a variety of school options (Ravitch, 2011, p. 115). As a result of the choice movement, the public received three versions of school choice: voucher schools, private schools, and charter schools. Each of these schools receives public funding, but do not operate as traditional public schools, and are not managed by a government agency (Ravitch, 2011, p. 121). Charter schools became the most popular choice of this new
A key reference that is to be considered in deciding whether the Establishment Clause is in violation by the Ohio Voucher Program, then look to Committee for Public Education and Religious Liberty v. Nyquist, 413 U.S. 756 (1973). The courts struck down a New York program with the same idea as the Ohio Voucher program. The New York program helped low-income parents send their children to certain primary and secondary schools which included religiously private schools, with partial reimbursement for tuition from the state. This mirrors the Ohio Vouchers program very closely because the majority of schools that participated in the program were religious institutions. They also had money being given to parents with the “choice” than direct to the schools.
School Choice: Followed the ruling on compulsory education. Parents have a right to choose whether their children go to a private, parochial or public school, or they may choose to home-school. Parents must accept any responsibility for their choice.
The court system has jumped back and forth throughout the years and this may seem very confusing to the average person but they’ve never changed their mind on the big cases that were said in the previous paragraph. But the court seems to be sporadic in its decisions outside of these big cases. It all starts in 1962 when they held that prayer in the public schools was a violation of the first amendment.
How would you feel if you were told you can’t sit in the front of the bus or you can’t dine in a certain restaurants because of the color of your skin? The civil rights movement was a movement that held massive numbers of nonviolent protest against racial segregation and discrimination in America especially the southern states during the 1950’s and 60’s. The struggle of African Americans to gain equal rights in America during this time was a major problem. The civil rights movement was not only about stopping racial segregation amongst African Americans but also to challenge the terrible economic, political, and cultural consequences of that time. But with the help of great leaders and organizations in the civil rights movement, help brake the pattern of African Americans being discriminated against and being segregated. Martin Luther King Jr. And Maya Angelou were great leaders who had a huge impact on the civil rights movement; even though Dr. King was in the field marching and protesting to fight against segregation and Angelou wrote poetry to inspire the movement and people aware of segregation, they both helped put an end to segregation here in America (American civil rights movement).
the segregationists, resulting in the injury and deaths of many of King’s followers. With these points in mind, King came to the conclusion that the best strategy in gaining the rights of African American was the use of non-violent protest. He believed that violence only “intensifies evil,';
If America is to become an equal society, then the direction of affirmative action must be changed. Rather than continuing to focus the brunt of our efforts on helping those individuals near the top succeed, we must implement policies designed to provide opportunities to those individuals at or near the bottom. Specifically, affirmative action must return to its original purpose--helping minorities move into the middle class through programs based upon equality of educational opportunity and job creation.
Doe case, Taking place in Texas in the year 2000, ended with a five to four verdict (Santa Fe Independent School Dist. v. Doe). The decision was in support of Doe, a Mormon family and a Catholic family that contested the school’s support of prayer at football games. The result of this case restricted the first amendment freedom of religion. The “wall” between religion and government that the Establishment Clause creates was present in this case (Cornell University Law School). The end of this case led to a strong divide between public schools and students’ religious practices. This case caused social changes to occur that affected public schools across America. Other public schools and parents of public school students saw the outcome of this case as an example of the “wall” that exists between church and state and that it will be enforced. Because of this case, many schools changed or abolished their own policies regarding
The Civil Rights Movement of the 50's and 60's was arguably one of the most formative and influential periods in American history. Hundreds of thousands of civil rights activists utilized non violent resistance and civil disobedience to revolt against racial segregation and discrimination. The Civil Rights Movement began in the southern states but quickly rose to national prominence. It is of popular belief that the civil rights movement was organized by small groups of people, with notable leaders like—Martin Luther King, Jr, Rosa Parks, Medgar Evers, and even John F. Kennedy—driving the ship. That is partly correct. The Civil Rights Movement, in its truest form, was hundreds of thousands of people organizing events and protests, working together to ensure that every American—whether black, white, brown and anything in between—had the right to a prosperous and harmonious life.
America’s school system and student population remains segregated, by race and class. The inequalities that exist in schools today result from more than just poorly managed schools; they reflect the racial and socioeconomic inequities of society as a whole. Most of the problems of schools boil down to either racism in and outside the school or financial disparity between wealthy and poor school districts. Because schools receive funding through local property taxes, low-income communities start at an economic disadvantage. Less funding means fewer resources, lower quality instruction and curricula, and little to no community involvement. Even when low-income schools manage to find adequate funding, the money doesn’t solve all the school’s problems. Most important, money cannot influence student, parent, teacher, and administrator perceptions of class and race. Nor can money improve test scores and make education relevant and practical in the lives of minority students.