Article from Reason by Scott Shackford.
A federal judge has made it very clear in a new ruling that the government can force you to send your kids to school, but you can’t force the government to actually provide an education there.
Judge Stephen Murphy III of the U.S. District Court, Eastern District of Michigan, Southern Division, just dismissed a case originating from Detroit accusing Gov. Rick Snyder and other state officials of doing such a terrible job when the then-bankrupt city was under the control of emergency managers that they deprived students of a right to an education or even basic literacy.
The plaintiffs argued that this extremely crappy non-education violated their Due Process and Equal Protection rights under the 14th Amendment. The State of Michigan argued that this complaint—a demand for “access to literacy”—is not constitutionally recognized. The judge agreed, though he very much sympathized with the students, and dismissed the case.
While the dismissal is prompting some outrage (and the plaintiffs promise to appeal) it should not come as a surprise. The courts have been extremely reluctant to wade into any space where they define what sort of an education anybody has a “right” to, though they’ve certainly been fine with the government forcing kids to attend regardless. A Supreme Court case from 1973, San Antonio Independent School District v. Rodriguez, held that the U.S. Constitution did not establish a “fundamental right to education.”
Read the entire article at Reason.
Image Credit: By St. Louis Circuit Attorney’s Office (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons
IF the public school system is failing in a school district, it is the parents responsibility to move to a better school district.
why the hell should they have to move, it is their responsiblity get it changed. It is stoopid thinking like that that is root of all problems with the Gov. They work for us and if they do not do the job then WE ARE responsible to get rid of them.
I think parents in failing school districts should protest local Boards of Education and make their life difficult. Maybe then they will resign and people who deserve the position will replace them. No one should ever be forced to move. That may be a solution for those with money, but not all
I agree with Charles……
I also agree with Charles
I also agree with Charles. I miss the good old days when if you had core subjects(math, english, history and of you mis -behaved you would get the board of education and then go home and get the same. We are raising nothing but liberal indoctrinated brats.
They are a product of liberal left teachers – these teachers have created millennial snowflakes – they have been able to create this generation because most parents have allowed these liberal morons to take over a parents responsibility.
It should be easier to remove those in government, and put the fear in them!
The real problem with education today is Amazon. They force the closing of local businesses that used to pay the property taxes that help support the schools. If you want an Amazon distribution center in your community to provide jobs to your local economy, they won’t build unless you exempt them from these taxes.