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Running head: CONSTITUTION

A Summary of Constitutional Involvement in Education

Julia Hart
The George Washington University

CONSTITUTION

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A Summary of Constitutional Involvement in Education

The framers of the United States Constitution did not take disability into consideration
when writing the constitution, as disabilities were not well understood during their era.
Education is also not directly mentioned in the United States Constitution or its Amendments.
Fortunately, the principles addressed by the framers were sufficiently universal as to be
applicable to an emerging society and its issues. Specifically, the tenth and fourteenth
amendments are applicable to modern educational legislation.
Educational issues come to the constitution by way of the Tenth Amendment, which
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. This means that each state is
free to create its own laws and policies regarding education.
The Fourteenth Amendment, however, brings disability and access to education back into
the realm of federal law. Section I of the Fourteenth Amendment says: All persons born or
naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws. The 14th Amendment has been interpreted as to
guarantee all citizens the right to vote, own property, and access to all public benefits. Education
is one such benefit. Individuals with disabilities are entitled to a public education just as their
typically-abled peers.
The Supreme Court found in Brown v. Board of Education that separate but equal is
inherently unequal and thus violates students 14th Amendment rights. The same principles

CONSTITUTION

stated in the Brown decision can be applied to students with disabilities. Just as race cannot be
used to segregate black students into inferior schools, disability cannot be used to deny students
with special needs a high-quality education that fits their needs.
While the constitution does not grant the federal government direct control over
education, its amendments allow for equal opportunity for students with special needs. The
federal government gains its power over education through funding offered to states. The states
have the power to set their own educational policies, as per the tenth amendment, but the federal
government can withhold funding if states do not follow its guidance. This can make
educational policy a heated topic today. While the federal government is responsible for
protecting individual rights and privileges, states control educational content and settings. There
is a tension between state and federal lawmakers as to who has the ultimate say in educational
policies. The answer needs to be that all policymakers have the best interest of students in their
minds and cooperation between different agencies should be the rule.