Federal Statute – New Federal Education Law.
PAD 525-Cons’tional & Admin. Law
STATUTE: NEW FEDERAL EDUCATION LAW
The cases that are relevant to the statute and it operation are as follows:
Endrew F. v. Douglas county school District RE 1,798 F. 3d 1329(2015) ongoing case.
Hedrick Hudson Central School District v. Rowley 458 U.S. 176 (1982)
Parents involved in community schools .v. Seattle
Brown v. Board of Education Topeka, 347 U.S. 483 (1954)
New Federal Education Law Summary.
The new federal statute is intended to give back the authority and mandate back to the states for purposes of reorganizing and review of policies to meet the agendas of No Child Left Behind.
Ensures equal opportunities for the students in both the public and private institutions.
This ensures that there is a build up of academic standards.
The state now would influence how the teachers are evaluated as well as their qualifications.
Statute also considers free appropriate public education.
The law is aimed at giving stability to the student that lack
The state law ensures flexibility and availability of equal opportunities in the systems to be put in place.
CASE NO. 1
The facts of the case Brown v. Board of Education Topeka, 347 U.S. 483 (1954) were that the black children had been denied admission to the community public schools where only the white children attended.
The issue arising was whether the Fourteenth Amendment permitted the “separate but equal” doctrine, and whether the educational environments of the plaintiffs were equal to their white counterparts.
Warren ruled that it is the intangible factors that make the segregation laws in an area of public education “inherently un equal” and that the laws then were unconstitutional. (Wallenstein,2013).
CASE NO 2
Facts of the Endrew F. v. Douglas county school District RE 1,798 F. 3d 1329(2015) ongoing case is that a student with autism was moved from public to private school
The parents argued that the public school failed to provide FAPE to Endrew and that the school owed them the cost of private tutoring.
The issue arising was what then was the level of educational benefit that school district must confer to the children with disabilities to actually make available the Free Appropriate Public Education guaranteed in the act.
Ruling was that as it stands there should be no particular level of education placed to the student that deprives them of the access to the public schools based on their disabilities in the attainment of the basic primary education.(Superfine, 2013)
LEGAL RAMIFICATION ON DECISIONS IN RELATION TO THE CONSTITUTIONAL PRINCIPLES.
The 14th amendment outlines what the state officials can and can’t do when dealing with the U.S. citizens and matters of public administration . (Superfine, 2013)
It also provides for what due process. Due process comes in two facets the procedural and the substantive.
Procedural due process means that the government can never impose anything on the citizen without sufficient notice, oral hearing and a right to decision making.
The substantive due process which is the essential facet with regard to the case studies looks at securing the various fundamental rights listed in the Bill of rights. (Goodling & Jeffords, 1999)
Violation of these substantive rights may prevent the government from imposing the burden upon the citizens.
Violation of the essential constitutional principles sows distrust and defiance from the citizens
Education is basic and lack of it may lead to economic degradation due to lack of cooperation from citizens who either went through an education system that was segregated.
In the Brown’s case we see the racial segregation of the black children from white yet they form part of the citizenry of United States whether by birth or by naturalization.(Superfine, 2013)
Argument for the statute
When handling matters dealing with public administration one ought to have citizens needs at heart;
The law is intended for the improvement of the education standards in U.S.
It ideal purpose is for the proactive generation. The benefits are as follow:
Delivery by the teachers
Organization of the education system
The law seeks to carter across for all subgroups that it is one – size-fits – all.(McGuinn, 2006)
Goodling, W. F., & Jeffords, J. M. (1999). A Compilation of Federal Laws: Elementary & Secondary Education, Individuals with Disabilities & Related programs, As Amended Through December31,1997 . DIANE Publishing .
McGuinn, P. J. (2006). No Child Left Behind and the transformation of federal education policy. University Press of Kansas.
Superfine, B. M. (2013). Equality in Education Law and Policy,1954-2010. Cambridge University Press.
Klarman, M. J. (2004). From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality . Cengage.
Wallenstein, P. (2013). Race, Marriage, and the Law of Freedom: Alabama and Virginia, . Alabama Publishers.
James, B. R. (1951). Anti Miscegenation Laws in The United States,. Duke bar journal, 26-41.