Missy's Upshot

Is Public Education a Right?

Our Supreme Court has declared that we have a right to acquire useful knowledge. This right, they aver, derives from our right to liberty, as referenced in the due process clause of the 14th amendment. However, the Court concluded that public education is not a right provided by our Federal Constitution.

Interestingly, however, the States have made up their own minds: Some state constitutions have been interpreted as providing for a fundamental right to an education, while other state constitutions are said not to provide such a fundamental right.

Nevertheless, despite the absence of language referencing a public school education, our Federal Constitution, is not silent on the issue of education. In fact, the 14th amendment provides the right to parents and guardians to direct the upbringing and education of children under their control.

It is noteworthy, however, that although public education is not a fundamental right under the Federal Constitution, education is the very foundation of good citizenship; therefore, to deny a child of such is a very serious matter which requires significant procedural safeguards. And yet, the Supreme Court has also held that it is violation of this very same right, “liberty”, to require all children between the ages of 8 and 16 years to attend the public schools.

Why? Maybe I'll tell you later.

Interesting, huh? Well, let me know if you like it and if you'd like me to keep sending little jewels of research. :)

-Missy