I posted a legal study of the constitutions part in education..(see below)...you're right, the word education doesn't appear in the constitution but the Supreme Court finds plenty there to guarantee a public school education for all...
departments.bucknell.edu
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THE ROLE OF THE FEDERAL GOVERNMENT IN PUBLIC EDUCATION IN THE UNITED STATES Copyright 2000 by Russell Dennis
The United States Constitution
The Tenth Amendment to the United States Constitution states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Since education is not mentioned in the Constitution, it is one of those powers reserved to the states. Of course, the United States Supreme Court can declare that something not mentioned in the Constitution is so closely related to something that is mentioned in the Constitution that the unmentioned power is a fundamental interest, which rises to constitutional protection. So far, the Supreme Court has not declared that education is a fundamental interest. Thus, states have plenary, or absolute, power in the area of education.
However, the Constitution still has an effect upon public education in the United States. The Fourteenth Amendment to the Constitution, which was ratified in 1868, contains both the due process and equal protection clauses, which concern state action in these two areas. The effect of the due process clause is described in Basic Due Process for Pennsylvania Students and Basic Due Process for Pennsylvania Educators. The equal protection clause is involved in issues of race, ethnicity, national origin or sex when there is a question of discrimination. The United States Supreme Court has also used the Fourteenth Amendment to apply other amendments to action by the fifty states. The most important amendments concerning public education, which are applied to state action under the umbrella of the Fourteenth Amendment, are: (1) the First Amendment in terms of the religion clauses, speech and assembly; (2) the Fourth Amendment in terms of search and seizure; and, (3) the Eighth Amendment in terms of cruel and unusual punishment. A student or teacher who feels that one of these rights guaranteed by the U.S. Constitution has been infringed may bring an action in a federal court.
The United States Congress
The Congress of the United States, composed of the House of Representatives and the Senate, passes legislation that affects public education in the United States. The Congress has power to do this under the "Commerce" and "General Welfare" clauses of the U.S. Constitution. The laws, or statutes, passed by the Congress and signed into law by the President that affect public education are of two general types. Some are general statutes concerning areas such as civil rights, which also affect education, while others are specific statutes that apply only to education. Examples of the first type are Title VII of the Civil Rights Act of 1964 (P.L. 88-352), codified at 42 U.S.C. Sect. 2000(e), et seq, and the Age Discrimination In Employment Act of 1967 (P.L. 90-202), codified at 29 U.S.C. Sect. 621, et seq, and their amendments. Most specific statutes that apply only to public education require that the public school be a recipient of federal funds. Examples of such statutes are Title IX of the Education Amendments of 1972 (P.L. 92-318), codified at 42 U.S.C. Sect. 1681, et seq and The Equal Access Act (EAA) of 1984 (P.L. 98-377), codified at 20 U.S.C. Sect. 4071, et seq. Title IX applies to both private and public schools that receive federal financial assistance. The EAA applies only to public secondary schools receiving federal financial assistance that create a limited open forum.
Each federal statute has a statutory citation that can be used to locate the text of the law. The citation for Title IX is 42 U.S.C. Sect. 2000(e), et seq. The federal statutes are located in the United States Code (U.S.C.). The text of Title IX of the Education Amendments of 1972 is located in volume 42 of the United States Code beginning at Section 1681 and continuing thereafter. This statute also can be found in the United States Statutes at Large, using the public law (P.L.) number (92-318), which indicates that Title IX was the 318th law passed during the 92nd session of the Congress.There are many federal laws that affect education. Some of the major federal laws affecting public education are presented in the table below.
| Some Federal Laws Affecting Public Education | | Statute | Covers | Applies to | Citation | | Age Discrimination in Employment Act | Employment discrimination on the basis of age | Educators and other employees | 29 U.S.C. Sect. 621 et seq | | Equal Access Act | Speech and assembly
Viewpoint discrimination
| Students who meet on school grounds during non-instructional time if a "limited open forum" has been created by the school | 20 U.S.C. Sect. 4071 et seq | | Family Educational Rights and Privacy Act (FERPA) | Student and parent access to school records and parent right to request modification of them; Confidentiality of student records | Student records and teacher recommendations | 20.U.S.C. Sect 1232g et seq | | Individuals with Disabilities Education Act (IDEA) | Discrimination against students with disabilities who receive special education | Education and related services for disabled students. | 20 U.S.C. Sect.1400 et seq | | Sect. 504 of the Rehabilitation Act of 1973 | Discrimination against disabled individuals | Employment and educational issues | 29 U.S.C. Sect. 794 et seq | | Title VII of the Civil Rights Act of 1964 | Discrimination on the basis of race, color, religion, sex or national origin | Employment issues including affirmative action and harassment | 42 U.S.C. Sect 2000(d), et seq | | Title IX of the Educational Amendments of 1972 | Discrimination on the basis of sex | Student issues including athletics and harassment | 42 U.S.C. Sect. 1681, et seq |
A student or teacher who feels that one of these statutes passed by the United States Congress has been violated by state action may bring an action in a federal court after exhausting the applicable administrative remedies.
The Executive Branch of Government.
The executive branch of the federal government enforces the laws that are enacted by the Congress. The head of this branch of government is the President of the United States. There are various departments in the executive branch of the federal government that have an effect upon public education.
The U. S. Secretary of Education, who is appointed by the President with the advice and consent of the U.S. Senate, is the head of the U.S. Department of Education (DOE) ,which is a cabinet-level administrative agency created in 1979 that administers over 200 federal programs and collects and disseminates educational statistics. A full description of the DOE, its responsibilities and functions is located on its website. The Office of Civil Rights (OCR), which is located within the DOE, enforces five federal statutes prohibiting discrimination in educational activities and programs receiving federal financial assistance.
| Title VI of the Civil Rights Act of 1964 | | Title IX of the Educational Amendments of 1972 | | Section 504 of the Rehabilitation Act of 1973 | | Age Discrimination Act of 1975 | | Title II of the Americans with Disabilities Act of 1990 |
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