SCHOOLING (2002)PAGE 16113. The federal financial contribution to education has increased substantiallyduring the past 25 years.14. The control of public education is shared among a large variety of groups.CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAA. OVERVIEWThis chapter provides information regarding who controls the publiceducational system in the United States. Areas discussed include the role of thefederal judiciary, legislative and executive branches, and other nationalorganizations in education. Also discussed are factors at the state and locallevels, such as state legislatures and teacher organizations.B. KEY TERMS–DEFINITIONSAMERICAN FEDERATION OF TEACHERS - a national teachers’organization second only to the National Education Association in membership.The AFT has more than 825,000 members.BROWN CASE - stated that “separate” is inherently unequal and required thatschools desegregate with all deliberate speed.CONTINENTAL CONGRESS - enacted the first national legislation related toeducation.DEPARTMENT OF EDUCATION - cabinet level office within the federalgovernment responsible for education. Passed by Congress and subsequentlyapproved by the 39thPresident Jimmy Carter on October 17, 1979, it becameoperative on May 5, 1980.EXECUTIVE BRANCH - of the federal government has been involved inpublic education and has expanded its involvement since the late 1960s.JUDICIAL BRANCH - has become very involved in education during the past30 years; the courts.LEGISLATIVE BRANCH - acts passed by state legislatures and Congress thatbecome laws.LOCAL EDUCATION AGENCY - local school districts. This is the basiceducation unit in all states.MILL - a tenth of a cent or a thousandth of a dollar. The rate used to assessproperty taxes.NATIONAL EDUCATION ASSOCIATION - largest teachers’ organization inthe U.S. The NEA has more than 2.2 million members.
CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAPAGE 162PROPERTY TAX - tax assessed on local properties to use to finance publiceducation.PUBLIC LAW 94-142 - Education for all Handicapped Children Act. Passedin 1975, this act mandates a free, appropriate public education for all childrenwith disabilities.SMITH-HUGHES ACT (Public Law 64-347) – federal legislation enacted in1917 to support vocational education below the college level. The act sought tostrengthen the teaching of agriculture, home economics, and industrial subjectsby subsidizing salaries of teachers and supervisors in these areas. The start offederal aid for public elementary and secondary schools, and also expandedstate programs of aid to local districts.STATE EDUCATION AGENCY - state unit responsible for public and privateeducational programs in states.TAXES - payments to a government to pay for various services.TEACHER UNIONS - teachers’ organizations that lobby for educationalprograms and teachers’ rights and benefits. The NEA and AFT are the twolargest national teacher unions in the U.S.TENTH AMENDMENT - amendment that reserves to the States areas notspecifically mentioned in the Constitution.U.S. CONSTITUTION - system of fundamental principles of action.C. SOME PRECEDING THOUGHTS1. What does the United States Constitution say about education?There is no mention of education, learning, teaching, or related concepts inthe Constitution. Education is not a topic of the Constitution. The TenthAmendment states that any matters not specifically addressed are reservedto the states. Therefore, any matters that the drafters thought should be leftto the states did not need to be addressed in the Constitution.2. How different would our educational system be if there were explicitstatements about education in the Constitution?It is impossible to speculate on the differences between our currenteducational system and one whose structure might have been laid out bythe drafters of the Constitution.3. What federal legislative acts have affected education?a. Land Ordinance Act (1785)–every township set aside one section forpublic schools. Reserve lot #16 for the support of public schools.
SCHOOLING (2002)PAGE 163b. Northwest Ordinance (1787)–schools and the means of education shallforever be encouraged. Expressed a commitment for education.c. Morrill Land Grant Act (1862)–gave federal land to states to establishland-grant colleges. Federal government gave away 16 million acres ofland. The act prescribed that the study of agriculture, mechanical arts,and military tactics was to be supplement to traditional scientific andclassical studies. A second Morrill Act passed in 1890 made federalfunds available to each land grant college on an annual basis;established separate funding for black land-grant universities.d. Smith-Hughes Act (1917)–provided categorical aid to vocationaleducation programs in public schools.e. National Defense Education Act (1958)–funding for science education.f. The 1960s marked the beginning of significant federal legislation, thatincluded:1. Manpower Development Training Act (1962)2. Vocational Education Act (1963)3. Higher Education Act (1965)4. Bilingual Education Act (1968)5. Education for All Handicapped Children Act (1975)g. Elementary and Secondary Education Act (1965)–provided funds foreconomically disadvantaged children. ESEA has been amended severaltimes and now has a broad scope currently covering hundreds ofprograms.4. Which federal court decisions have affected education and how havethey affected education?The most comprehensive act affecting public education was the Elementaryand Secondary Education Act of 1965 and its subsequent amendments.ESEA was designed to improve the quality of education at the elementaryand secondary school levels. Title I, the best known of the act’s six titleswas included for the purpose of meeting the special educational needs ofchildren of low-income families. The act has been amended and extendedseveral times by the United States Congress.5. What role do teachers’ organizations play in the control of education?As individuals, teachers have limited power. Therefore, they have bandedtogether into teacher organizations to become a major force in controllingpublic education in the U.S. They wield tremendous political power, both
CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAPAGE 164in numbers and in dollars spent on campaigns. The political influence hasallowed teachers as a group to influence legislation.6. What groups in state government influence education?Many different groups at the state level exert a great deal of influence overeducation, including state legislatures, teacher associations, administratorassociations, and groups representing specific populations of students. Thepower of these groups varies from state to state.7. How do accreditation agencies and textbook publishers influenceeducation?The influence of accreditation agencies on education is indirect. Thediscontinuance of accreditation by universities and the increase ofaccreditation by various governmental agencies or specially formedorganizations brought forth the emphasis of the standardized test. Therequirement to pass standardized tests has caused many schools to begin toteach the tests. In other words, instruction is aimed at helping students toscore high enough on the tests to gain admittance to a college and to keepparents happy about the performance of the school.School book publishers control education by controlling the content of thebooks used for instruction. Textbooks contain the majority of materialpresented to students and very often include suggestions for teaching stylesand methods.8. What is the role of local boards of education?The three primary functions of the local school boards are:a. long-range planning;b. setting priorities;c. evaluating the superintendent; school board members set policies thataffect the local district;Local school board members often set standards that are more stringentthan state requirements.9. Who does control education in the United States?No one group controls American education. All three levels ofgovernment–local, state, and federal–are heavily involved. Publishingcompanies, teachers’ organizations, and testing companies exert indirectinfluence. The judiciary has set precedence of ruling on education issues,and local teacher and parent groups are gaining influence.
SCHOOLING (2002)PAGE 16510. What are taxes?Taxes are compulsory assessments from people to the government todefray the expenses incurred in the common interest of all with referenceto special benefits conferred.11. How did public support for schools develop?Public support for education began in colonial Massachusetts Bay in 1647with the “Olde Deluder Satan” legislation that created tax-supportedschools, but also set a precedence for communities to avoid theircommitment by allowing the payment of a fine rather than operating aschool. In many instances, the penalty was much less expensive. The“Olde Deluder Satan” Act was the first in America to provide forcompulsory elementary and secondary schools. By 1900, the principle oftax supported schools was firmly established.12. How are property taxes used to support public schools?One use of property taxes is the payment of bonds used for newconstruction. School administrators borrow the money they need that isn’tavailable from current revenues. This is done by selling bonds. Then theyhave to convince voters to pass a bond issue that would increase themillage on all assessed property in order to pay the loan back with interestover a specified period of time.Property is of three types:a. real property, or land and permanent improvements;b. tangible, such as equipment, livestock, and business inventories;c. intangible property, including stocks, bonds, and so forth.Power of these groups varies from state to state.13. In general, what are the total expenditures by function for a typicalschool district in America?a. Instructional services 69.8%b. Other current expenditures 2.5%c. Environmental conditions 2.5%d. Maintenance and operations 7.6%e. Central administration 4.5%f. School site leadership 5.6%g. Student services 7.4%
CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAPAGE 16614. What are the components of McGregor’s Theory X and Y?a. Theory X1. People inherently dislike work and will avoid it if they can.2. People must be coerced, controlled, directed, and threatened inorder to make them work.3. The average human being prefers to be directed, wishes to avoidresponsibility, and has relatively little ambition.b. Theory Y1. The expenditure of physical and mental effort in work is as naturalas play or rest.2. People can exercise self-direction and self-control in the service ofobjectives to which they are committed.3. The average human being learns, under proper conditions, not onlyto accept but to seek responsibility.(McGregor’s Theory X and Y)c. Theory X – Decision-Making1. Close supervision.2. One-way communication.3. Strategy planning by top leaders only.4. Decision-making at the top level only.5. A handing down of decisions to be implemented by middlemanagement.6. A handing down of instructions to be carried out by the workers.7. Nothing goes up except reports.d. Theory Y – Decision-Making1. Two-way communication.2. Involvement in goal setting, planning, and decision-making at eachlevel.3. Larger spans of control.4. Greater decentralization.5. Greater use of team management.
SCHOOLING (2002)PAGE 16715. Universal Declaration of Human Rights.On December 10, 1948, the General Assembly of the United Nationsadopted and proclaimed the Universal Declaration of Human Rights, thefull text which appears in the following pages. Following this historic act,the Assembly called upon all Member countries to publicize the text of theDeclaration and “to cause it to be disseminated, displayed, read andexpounded principally in schools and other educational institutions,without distinction based on the political status of countries orterritories.”PreambleWhereas recognition of the inherent dignity and of the equal andinalienable rights of all members of the human family is the foundation offreedom, justice, and peace in the world,Whereas disregard and contempt for human rights have resulted inbarbarous acts which have outraged the conscience of mankind, and theadvent of a world in which human beings shall enjoy freedom of speechand belief and freedom from fear and want has been proclaimed as thehighest aspiration of the common people,Whereas it is essential, if man is not to be compelled to have recourse, as alast resort, to rebellion against tyranny and oppression, that human rightsshould be protected by the rule of law,Whereas it is essential to promote the development of friendly relationsbetween nations,Whereas the peoples of the United Nations have in the Charter reaffirmedtheir faith in fundamental human rights, in the dignity and work of thehuman person and in the equal rights of men and women and havedetermined to promote social progress and better standards of life in largerfreedom,Whereas Member States have pledged themselves to achieve, incooperation with the United Nations, the promotion of universal respectfor and observance of human rights and fundamental freedoms,Whereas a common understanding of these rights and freedoms is of thegreatest importance for the full realization of this pledge,Now, ThereforeTHE GENERAL ASSEMBLYproclaimsTHIS UNIVERSAL DECLARATION OF HUMAN RIGHTS
CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAPAGE 168as a common standard of achievement for all peoples and all nations, to theend that every individual and every organ of society, keeping thisDeclaration constantly in mind, shall strive by teaching and educating topromote respect for these rights and freedoms and by progressivemeasures, national and international, to secure their universal and effectiverecognition and observance, both among the peoples of Member Statesthemselves and among the peoples of territories under their jurisdiction.Article 1. All human beings are born free and equal in dignity andrights. They are endowed with reason and conscience andshould act towards one another in a spirit of brotherhood.Article 2. Everyone is entitled to all the rights and freedoms set forthin this Declaration, without distinction of any kind, such asrace, color, sex, language, religion, political or otheropinion, national or social origin, property, birth or otherstatus. Furthermore, no distinction shall be made on thebasis of the political, jurisdictional or international status ofthe country or territory to which a person belongs, whetherit be independent, trust, non-self-governing or under anyother limitation of sovereignty.Article 3. Everyone has the right to life, liberty and security of person.Article 4. No one shall be held in slavery or servitude; slavery and theslave trade shall be prohibited in all their forms.Article 5. No one shall be subjected to torture or to cruel, inhuman ordegrading treatment or punishment.Article 6. Everyone has the right to recognition everywhere as aperson before the law.Article 7. All are equal before the law and are entitled without anydiscrimination to equal protection of the law. All areentitled to equal protection against any discrimination inviolation of this Declaration and against any incitement tosuch discrimination.Article 8. Everyone has the right to an effective remedy by thecompetent national tribunals for acts violating thefundamental rights granted him by the constitution or by law.Article 9. No one shall be subjected to arbitrary arrest, detention orexile.Article 10. Everyone is entitled in full equality to a fair and publichearing by an independent and impartial tribunal, in the
SCHOOLING (2002)PAGE 169determination of his rights and obligations and of anycriminal charge against him.Article 11. (1) Everyone charged with a penal offense has the right to bepresumed innocent until proved guilty according to law in apublic trial at which he has had all the guarantees necessaryfor his defense.(2) No one shall be held guilty of any penal offense on accountof any act or omission which did not constitute a penaloffense, under national or international law, at the timewhen it was committed. Nor shall a heavier penalty beimposed than the one that was applicable at the time thepenal offense was committed.Article 12. No one shall be subjected to arbitrary interference with hisprivacy, family, home or correspondence, nor to attacksupon his honor and reputation. Everyone has the right to theprotection of the law against such interference or attacks.Article 13. (1) Everyone has the right to freedom of movement andresidence within the borders of each State.(2) Everyone has the right to leave any country, including hisown, and to return to his country.Article 14. (1) Everyone has the right to seek and to enjoy in othercountries asylum from persecution.(2) This right may not be invoked in the case of prosecutionsgenuinely arising from nonpolitical crimes or from actscontrary to the purposes and principles of the UnitedNations.Article 15. (1) Everyone has the right to a nationality.(2) No one shall be arbitrarily deprived of his nationality nordenied the right to change his nationality.Article 16. (1) Men and women of full age, without any limitation due torace, nationality or religion, have the right to marry and tofound a family. They are entitled to equal rights as tomarriage, during marriage and at its dissolution.(2) Marriage shall be entered into only with the free and fullconsent of the intending spouses.(3) The family is the natural and fundamental group unit ofsociety and is entitled to protection by society and the State.Article 17. (1) Everyone has the right to own property alone as well as in
CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAPAGE 170association with others.(2) No one shall be arbitrarily deprived of his property.Article 18. Everyone has the right to freedom of thought, conscienceand religion; this right includes freedom to change hisreligion or belief, and freedom, either alone or incommunity with others and in public or private, to manifesthis religion or belief in teaching, practice, worship andobservance.Article 19. Everyone has the right to freedom of opinion andexpression; this right includes freedom to hold opinionswithout interference and to seek, receive, and impartinformation and ideas through any media and regardless offrontiers.Article 20. (1) Everyone has the right to freedom of peaceful assembly andassociation.(2) No one may be compelled to belong to an association.Article 21. (1) Everyone has the right to take part in the government of hiscountry, directly or through freely chosen representatives.(2) Everyone has the right to equal access to public service inhis country.(3) The will of the people shall be the basis of the authority ofgovernment; this shall be expressed in periodic and genuineelections which shall be by universal and equal suffrage andshall be held by secret vote or by equivalent free votingprocedures.Article 22. Everyone, as a member of society, has the right to socialsecurity and is entitled to realization, through national effortand international cooperation and in accordance with theorganization and resources of each State, of the economic,social and cultural rights indispensable for his dignity andthe free development of his personality.Article 23. (1) Everyone has the right to work, to free choice ofemployment, to just and favorable conditions of work andto protection against unemployment.(2) Everyone, without any discrimination, has the right to equalpay for equal work.(3) Everyone who works has the right to just and favourableremuneration ensuring for himself and his family an
SCHOOLING (2002)PAGE 171existence worthy of human dignity, and supplemented, ifnecessary, by other means of social protection.(4) Everyone has the right to form and to join trade unions forthe protection of his interests.Article 24. Everyone has the right to rest and leisure, includingreasonable limitation of working hours and periodicholidays with pay.Article 25. (1) Everyone has the right to a standard of living adequate forthe health and well-being of himself and of his family,including food, clothing, housing and medical care andnecessary social services, and the right to security in theevent of unemployment, sickness, disability, widowhood, oldage, or other lack of livelihood in circumstances beyond hiscontrol.(2) Motherhood and childhood are entitled to special care andassistance. All children, whether born in or out of wedlock,shall enjoy the same social protection.Article 26. (1) Everyone has the right to education. Education shall be free,at least in the elementary and fundamental stages.Elementary education shall be compulsory. Technical andprofessional education shall be made generally availableand higher education shall be equally accessible to all onthe basis of merit.(2) Education shall be directed to the full development of thehuman personality and to the strengthening of respect forhuman rights and fundamental freedoms. It shall promoteunderstanding, tolerance and friendship among all nations,racial or religious groups, and shall further the activities ofthe United Nations for the maintenance of peace.(3) Parents have a prior right to choose the kind of educationthat shall be given to their children.Article 27. (1) Everyone has the right freely to participate in the culturallife of the community, to enjoy the arts and to share inscientific advancement and its benefits.(2) Everyone has the right to the protection of the moral andmaterial interests resulting from any scientific, literary orartistic production of which he is the author.Article 28. Everyone is entitled to a social and international order in
CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAPAGE 172which the rights and freedoms set forth in this Declarationcan be fully realized.Article 29. (1) Everyone has duties to the community in which alone thefree and full development of his personality is possible.(2) In the exercise of his rights and freedoms, everyone shall besubject, only to such limitations as are determined by lawsolely for the purpose of securing due recognition andrespect for the rights and freedoms of others and of meetingthe just requirements of morality, public order and thegeneral welfare in a democratic society.(3) These rights and freedoms may in no case be exercisedcontrary to the purposes and principles of the UnitedNations.Article 30. Nothing in this Declaration may be interpreted as implyingfor any State, group or person any right to engage in anyactivity or to perform any act aimed at the destruction ofany of the rights and freedoms set forth herein.Source: Blacks law dictionary (7thed.). (1990). St. Paul, MN: West Group. Adapted with permissionD. DISCUSSION QUESTIONS AND EXERCISES1. What is the prevailing idea concerning who controls American publiceducation?The control of public education is a complex arrangement. The federalgovernment, state governments, local school boards, and localcommunities are some of the various groups and agencies that control ourpublic school systems. Accreditation agencies, textbook publishers andauthors, teachers’ unions, curriculum reform groups, and the press aresome less obvious organizations that exert some control in the educationsystem. With so many groups exerting influence, maybe no one groupcontrols education, but a number of groups and factors collectively providethe control. This combination will continue to influence our educationsystem and have a great impact on its future. Many people believe thatlocal groups control public education. Among these groups are schoolboards and the general public.2. How does the federal government exert control over education?Beginning with the Northwest Ordinance of 1787, the federal governmenthas passed much legislation that increases the involvement of the federalgovernment through its executive, legislative, and judiciary branches. The
SCHOOLING (2002)PAGE 173most comprehensive act concerning public education was the Elementaryand Secondary Education Act of 1965 and its amendments. With thepassage of this act, Congress began to influence educational reform withfinancial incentives. In addition to spending to improve programs,Congress passed the Civil Rights legislation that would ensure equalopportunities in education. The judiciary has started reviewing educationalissues and by doing so, creates rights to individuals and groups that hadpreviously been ignored and caused schools to provide services for abroader population of students. The executive branch known as theDepartment of Education works to consolidate the many federal programsthat deal with education.The 1960s marked the beginning of significant involvement by the federalgovernment with the passage of numerous acts. These included theManpower Development Training Act of 1962, the Vocational Act of1963, the Higher Education Act of 1963, the Elementary and SecondaryEducation Act of 1965, the Economic Opportunity Act of 1965, the HigherEducation Act of 1965, the Bilingual Education Act of 1968, and theEducation for All Handicapped Children Act of 1975. The mostcomprehensive act was the Elementary and Secondary Education Act of1965 and its subsequent amendment. This act provided funds for theeconomically disadvantaged children, demonstration programs, innovativeprograms, libraries, and assistance to improve secondary educationprograms. With the passage of this legislation, Congress began influencingeducational reform with financial incentives.3. What are some of the things local school boards can do to exert control?a. Local school boards set policies that affect the local district, that maybe more rigorous than state requirements in some instances. The localboards can also provide the necessary incentives to ensure the qualityof local education.b. School boards set long-range plans, set priorities and evaluate thesuperintendent.c. The rights and responsibilities of boards are rarely clearly defined; thisgives them room to operate.d. School boards often set policies that are more stringent than staterequirements in such areas as graduation and teacher responsibilities.4. How do groups such as accrediting agencies, textbook publishers, andtesting agencies exert control over public education?a. Accrediting agencies–these groups provide standards for the public tocompare its schools, assure that school will undergo periodic self-
CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAPAGE 174study, assure that faculty and teaching conditions meet certainminimum standards and indicate a commitment to quality education byschool.b. Textbook publishers–these groups, by the choice of texts and booksoffered can greatly influence education, more so at the secondary levelthan at the elementary level. Content-oriented books, such aseconomics, biology, and history are more susceptible to this type ofinfluence than are music, P.E., and vocational courses. Books thatemphasize a particular line of study would dictate the teaching of thatcourse.c. Testing agencies–these groups that set up standardized tests that are usedin public education influence the system because educators feelcompelled to teach a curricula that will enable the students to pass thetests.5. Who does control American education?The control of American education is shared by many groups, informaland formal. No one group controls our schools. Control is shared by manydifferent agencies. To sum it up, control of education in the U.S. willcontinue to be shared by a multitude of individuals and groups, althoughthe levels of influence may shift among groups, most of the variablesinfluencing education currently will continue to have some impact in thefuture.6. Discuss the primary funding sources of public education?Local taxation has been a primary source of funding for schools in thepast, but state governments are currently providing a larger share ofsupport. The property tax is the backbone of local taxation and therefore amajor source of funding for public education.State aid is a funding method that provides an equalization of fundingthroughout its school districts.Federal aid is unlike state aid in that it is not concerned with equity.Federal is categorical and concerned with special problems. Federal aidcan be spent only for those purposes specified in the authorizinglegislation.7. What are the 10 commandments for business, education, and politicalleaders?You will willingly and voluntarily relinquish your appointed or electedposition as a Leader when and if:
SCHOOLING (2002)PAGE 1751. Caring a lot doesn’t hurt any more.2. Your colleague’s vision of excellence consistently exceeds yours.3. Objectives become more important to you than intentions.4. Words of compromise dominate your approach to conflict resolution.5. Change is what the other person is supposed to do.6. People no longer represent the central focus for you in organizationallife.7. You begin evaluating yourself on the basis of what you have donerather than what you are doing.8. Controlling and manipulating people become more important to youthan guiding and illuminating them.9. Learning loses its luster and mystic.10.Adventures of the mind, body, and spirit are spurned rather thanpursued.E. REVIEW ITEMSTrue-False1. The Morrill Land Grant Act of 1862 gave federal land to establish landgrant colleges.2. The control of education in the United States is centralized in the FederalDepartment of Education.3. Legislative oversight refers to faulty long-range planning by thelegislature.4. Each school district in the United States is under the control of a localschool board.5. Control of education in the United States is shared by many individualsand groups.Multiple Choice1. The Smith-Hughes Act of 1917 provided aid to _______.a. general education b. vocational educationc. business education d. all of the above2. The first federal legislation related to education was _______.
CHAPTER 4–CONTROLLING SCHOOLING IN AMERICAPAGE 176a. the Land Ordinance b. Morrill Land Grand Actc. Smith-Hughes Act d. Continental Education Act3. The first federal Department of Education was established in _______.a. 1795 b. 1867 c. 1918 d. 19794. The AFT (American Federation of Teachers) is primarily for _______.a. teachers b. administrators c. university professorsd. all of the above5. The group that really controls education in the United States is _______.a. local government b. state government c. federal governmentd. all of the above