The Equal Educational Opportunities Act

There was a time when America’s education system was top-notch according to the culture and society. With time, a myriad of things has changed, but unfortunately what has not evolved is the American education system. The country is still following a system which was not designed for the current global economic climate. Equality, as positive as it sounds is not as sufficient when it comes to education. The system treats students equally yet expect a similar culmination and outcome. Every child has his individuality and distinct abilities; one cannot judge a fish by its ability to climb a tree. Conversely, a few of the prominent reasons why the education system is failing are overcrowded schools, the rise of technology, and following the same old school hours.

The United States of America has a long and complicated history of segregation and inequality. Though the country has fought fiercely to redeem itself by eradicating the practice of inequality in many areas, there are still some concerns that remain. These concerns are present in the public education system, and relate to the time-honored practice of educators to group and educate students by their ability level. This paper will discuss how students historically have been classified based on ability tracking and grouping, the legal issues created by this classification, and what the Constitution requires in order to maintain equal protection rights for all citizens.

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:

All this information goes more to proving that the real problem is that the lower classes are more often stuck with teachers that are not motivated enough to teach students the complete curriculum because they don’t believe the children will amount to anything more than their parents.The lack of motivation could be caused by their low pay, crowded schools or maybe the location affects the students and teachers to a point that eventually no one cares and this compounds over the years.

In this article the author explains how the schools are based on a class system and higher-class areas have better recourses and more classes offered. Higher-class societies have better equipment, new technology, modern facilities, better books, and better teachers. Not only are the school’s educational facilities better the extracurricular activities are also better. For example sports facilities, training facilities, band, art, all because these lower class schools cant afford what these lower class schools can. Students in lower end districts are actually ending up worse off then the higher end students. Meaning attrition rate, drop out rate, sat scores and much more.

The Eros Lodge and the Eros Bar and Grill, under the scope of the law, are directly involved in interstate commerce. They are a public hotel and restaurant and open to both local citizens and citizens traveling from out of state. While their clientele may consist primarily of locals, it does not mean that out-of-state travels cannot or would not stay there. Mr. Bates, the owner, did not say he didn’t rent to travelers from out of state, he only said he wouldn’t rent to same-sex couples. However, since interstate commerce is defined as travel, trade, traffic, transportation, or communication among several states, his establishments fall under its domain – and therefore have no right to be excluded from the Equal Access Act. Discriminating against

The United States is a country based on equal opportunity; every citizen is to be given the same chance as another to succeed. This includes the government providing the opportunity of equal education to all children. All children are provided schools to attend. However, the quality of one school compared to another is undoubtedly unfair. Former teacher John Kozol, when being transferred to a new school, said, "The shock from going from one of the poorest schools to one of the wealthiest cannot be overstated (Kozol 2)." The education gap between higher and lower-income schools is obvious: therefore, the United States is making the effort to provide an equal education with questionable results.

As documented in the book “The Immortal Life of Henrietta Lacks” written by Rebecca Skloot, Henrietta lived her childhood in the segregated rural south. There was no real inspiration for her to attend school, much less develop a strong interest in getting a formal education. Segregation contributed to a cycle of oppression and poverty that affected Henrietta’s knowledge, and quality of life. The unfair early education laws, impaired all black children’s potential to learn, and negatively affected their confidence. America has laws that intend on producing, equal education for all children regardless of economic circumstances, race, religion, or academic ability level. On the other hand, a studied by the Civil Rights Project at Harvard University, find that “public school, especially in the south, is becoming re-segregated at a surprising level.”(Hancock Jones) Today there is evidence that suggest public education still needs equal protection reform in order to give all children a high quality education.

Affirmative action legislation in the United States has its basic framework in the Civil Rights Act of 1964, which mandates that firms with more than 15 employees are subject to a variety of anti-discrimination policies, more of which were passed in subsequent years. In some cases, the concept of affirmative action was taken to be a voluntary act to attain diversity. For the most part, however, courts have interpreted affirmative action laws as having little teeth under the Constitution. It has been suggested that "racial preferences in federal law or policy are a remedy of last resort" (Dale, 2005)

The enactment of the Fair Education Act of 2006 by Congress is within its powers and does not serve as a violation of the Constitution, specifically in regard to the 5th amendment.

“ Historically, low-income students as a group have performed less well than high-income students on most measures of academic success” (Reardon, 2013). Typically low-income families come from low-income parts of the state making a school that does not have as much funding as a higher economic schools does lack in resources for their students. The school then has lower paid teachers and administrators, with lower quality supplies. This results in a school which typically has faculty who do not perform as well as the well-funded schools. “The law fails to address the pressing problems of unequal educational resources across schools serving wealthy and poor children” (Hammond, 2007). Students from low and high income families will not be able to achieve the same education because their education simply is not the same.

In today 's reality kids can 't better themselves if their guardians can 't pay for their training. In this way prompting lacking training of youngsters and additionally grown-ups in school. Some kids need to depend on themselves to pay for school. They don 't get to go, on the grounds that they cant bear the cost of it on their lowest pay permitted by law work. This is simply not reasonable to our young children who are the way to our future. On the off chance that the lowest pay permitted by law was expanded, numerous individuals would be permitted the

This act is much like the ADA, the only difference is that the Rehabilitation Act is that it focuses on the federal government. “The Rehabilitation Act of 1973 was the first “rights” legislation to prohibit discrimination against people with disabilities. However, this law applied to programs conducted by Federal agencies, those receiving federal funds, such as colleges participating in federal student loan programs, Federal employment, and employment practices of businesses with federal contracts” (The Rehabilitation Act of 1973, 2011). Section 501 demands affirmative action and bans discrimination in employment by Federal agencies. Section 505 includes steps managing solutions and attorney's expenditures under Section 501 (The Rehabilitation Act of 1973, 2011).

The sad reality of it all is that gross funding inequities continue to persist in the U.S and no one seems to be working steadily to rid this problem. When putting funding into education equity should be focused on rather than equality. According to the National Report card there are core fairness principles that must be followed to maintain equal opportunity. The 3rd principle states that the level of funding in a district should increase relative to the level of concentrated student poverty rate. Therefore state finance systems should provide more funding to districts serving larger share of students in poverty (Is School Funding Fair? 7). Examining the school district of Philadelphia one could see that this principle is not being followed. The No Child Left Behind Act was created in 2001 to ensure that no later than 12 years after 2001 (2013) all students will meet the states standards. The act

America is often enamored of itself as the champion of equality in every aspect of its society; however, this is often not the case. This is true in every aspect of life, but is very evident specifically in the American education system. Although America claims to give an equal education to all, regardless of any external factors, economic class often plays a role in what type and how good of an education a student may receive. Since education is the basis for future success, this inequity resulting from socioeconomic status implies that this is where inequality in everyday life starts, and that the system generates this inequality. If this is true, then one might ask, what then is the purpose of education? If economic class predetermines