Federal Administrative Law And The Department Of Education

Even though the Declaration of Independence does not mention education, our founding fathers did value education. Illustrated by the ordinances they passed “in 1785 and 1787 that granted federal lands to states to create and support public school- an institution that the nation’s founders viewed as essential to democracy and national unification.” (Jennings, p3) In 1959, the admission of Alaska and Hawaii into the Union reconfirmed the Federal government’s support of education. Three distinct elements that impact education are; laws that have been passed, the removal of the church from public schools, and the role of federal government that has evolved and changed over the years. These three factors have transformed education over the

Education is the foundation to secure an individual in having a better future and a successful career in life. Public education primarily falls upon the state and local government to take charge of, which get divided up into local school districts that are managed by school boards. School boards are “ an elected body corporate which manages delegated powers in regards to the deliver of education service within a defined territory (Duhaime’s Law Dictionary)”. Each state “has its own department of education and laws regulating finance, the hiring of school personnel, student attendance, and curriculum (Corsi-Bunker, Antonella).

The national government has been helping to improve and regulate education since 1965 when they passed the Elementary and Secondary Education Act (ESEA). The main purpose of this act was to help America's disadvantaged students that lived in poverty. The ESEA helped improve education from grades k-12 across the United States for thirty six years. When Congress approached the same program in 2001 it was reauthorized and

The Elementary and Secondary Education Act (ESEA), brain child of President Johnson, was passed in 1965. ESEA was intended to mitigate disparities in access to quality academic services and learning outcomes endured by underprivileged and minority students by federally funding schools serving their communities. ESEA, later revised as No Child Left Behind, was to be one element in a larger reform agenda focused on urban redevelopment, vocational training and “EDUCATION AND HEALTH” (Thomas & Brady, 2005). In his 1965 State of the Union, Johnson proclaimed, “No longer will we tolerate widespread involuntary idleness, unnecessary human hardship and misery, the impoverishment of whole areas… ” Nevertheless, this intractable problem remains, as illustrated by recent National Assessment of Educational Progress findings:

The Ordinances of 1785 and 1787 provide land grants to states for the maintenance of public schools. The Elementary and Secondary Education Act of 1965, supply funds for compensatory education programs for economically disadvantaged students attending public and non-profit private schools. The No Child Left Behind Act, requires states to implement accountability systems with higher performance standards in reading, mathematics, and science. Title IX of the Education Amendments of 1972 barred sex discrimination against participants in education

Indirectly, or directly, one can argue, public schools are controlled by the federal and state governments. Several issues have emerged, because of the conflict between federal and state requirements for education. “Under the Tenth Amendment, any authority not given specifically to the federal government is reserved to the states. Thus, the federal government has no authority to regulate education directly; that belongs to the states” (Underwood, n. d., p. 2). To get around this, the federal government controls the schools through funds for complying with certain initiatives, procedures, and policies (Underwood, n. d.). Ironically, both the state and federal levels of government hold the district liable for implementing different agendas and legal obligations. The federal government, however, can ensure that no citizen is denied their rights or privileges, even in a private institution, because of the Bill of Rights and other amendments. Failure to comply by these amendments or statutes can lead to the loss of federal funding and legal reproductions for schools.

“This Act was introduced in January 2005 to promote transparency and accountability in the public sector.” Anyone may make a written request for information being held by a school. The schools have a duty to provide assistance. Some information may be protected due to confidentiality. Schools need to follow the guidance provided by the DCSF when handling requests for information.

Throughout the 20th century, one of the most controversial topics is the equality of men and women. From the workplace to the athletic fields, many activists have made it their life’s work in order to see women able to have the same opportunities as their male counterparts. In some cases, there has been legal action made in order to facilitate these reforms and ensure that they will be enforced. In most cases, these laws have accomplished exactly what they have set out to do. The nineteenth amendment allowed for the suffrage of women, and Executive Order 11246 prevents any employer from discriminating anybody in the hiring process and in employment, to include equal opportunity as far as advancement and salary are concerned. Both of these have

Family educational rights and privacy act was enforced in the year 1974.This act is under U.S compliance laws.

On May 13, 2016 the U.S. Department of Justice and the U.S Department of Education, released a Dear Colleague Letter about educational agencies whom are recipients of Federal funds and their Title IX requirements. The letter solidified that schools must treat students as the gender the student

Of the four documents discussed, FERPA is one that is more of a personal preference rather than a necessity. The Family Educational Rights and Privacy Act (FERPA) of 1974 was designed to protect the privacy of educational records, establish the rights of students to inspect and review their educational records, and it also provides control over the release of educational record information.

In 1946 Congress enacted the Administrative Procedure Act (APA) to provide minimum standards for federal agencies (Szypszak, 2011). Szypszak (2011) further states that the APA addressed the fundamental aspects of agency rulemaking and adjudication. APA authorizes two basic forms of administrative action: rulemaking and adjudication.

The role of the federal government in setting education policy increased significantly with the passage by Congress of the No Child Left Behind Act of 2001, a sweeping education reform law that revised the Elementary and Secondary Education Act of 1965. "Federal policy has played a major role in supporting standards-based reform since the passage of the Improving America's Schools Act (IASA) of 1994. That law required states to establish challenging content and performance standards, implement assessments…hold school systems accountable…" (Goertz, 2005, pg. 73)

a) What action, if any, should have been taken by the school administration when the local teachers’ association publicly criticized the administration and the school board?

Currently the education system in the United States is funded mostly on a state and local level, who always borne over 90% of the public elementary and secondary education finances (need cite). The original Department of Education was developed in 1867 to collect information on schools and teaching that would help the States establish effective school systems (need cite). Fast forward over one hundred years to 1980, when Congress established the Department of Education as a Cabinet level agency, and note that education standards and improvement continue to be of great importance to the government. It is important to note that the state and federal government play separate roles in the education of students, whereas the federal government has the means to