Public School Funding

A Proposal

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Situation

My understanding is that in the majority of the states, public school (meaning grades 1 through 12) funding is based upon the tax base of the local area, primarily the property taxes of the local areas. The result is that public schools that reside in low income areas, and consequently those students, are not funded nearly as well as those from higher income areas.

This is a major problem.  Those students need good quality teachers and overall funding just as much, and probably more, than those from more well to do areas.  The funding discrepancy may be a significant factor in holding the students back, and consequently, holding back those same people when they become adults.  (Yes, I need more research here.)

To resolve this problem I propose new federal legislation.  Here is the basic concept.  (I am not fussy about the exact wording, just the concept for now.)

Proposed Law

All states shall fund all public schools equally on a per student basis.  This equal funding shall include: school buildings, administrative buildings, teaches, books, and supplies.  This list shall not be construed as limiting and may be expanded as needed.  The states shall not reduce school funding in favor of any type of private school funding.  All citizens that elect to support and/or utilize any type of private schools shall continue to support public school funding in the same manner as all other citizens.

Beginning with the first year of passage of this bill the discrepancies between the highest and lowest funded schools shall be documented.  Those discrepancies shall be diminished by a minimum of 20% each fiscal year.  The discrepancy must be zero by completion of the fifth complete fiscal year after this bill was passed into law.  There shall be no exceptions.

Enforcement

Congress shall have authority to enforce this equal funding.  Congress shall hold responsible all the appropriate bodies for state and local schooling.  Congress shall have the authority to remove members of the responsible governing bodies and authority and to prevent the removed individuals from returning to those bodies.  Congress may find these persons in Contempt of Congress and subject them to the penalties of that contempt.

Not So Fast, Maybe

I suspect that if Congress passed a law of this nature it will be challenged in court.  Here are some concepts to consider.

State’s Rights

Would the creation of such a requirement infringe upon the rights of the individual states?  Amendment 10 indicates yes.

Amendment 10 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.

At first thought, the federal government cannot control funding to schools at a state level.  The Constitution not authorize the Federal Government to do any such thing.  However, there is some precedence for the federal government to act in this regard.

Amendment 13 Slavery Abolished.  In 1850, or so, there were 15 states that allowed slavery.  This federal amendment eliminated the right of each state to decide about slavery.

Amendment 14 Citizenship Rights.  The states do not have authority to deny citizenship to those born in the U.S. or to deny the right of citizenship to people from other states.  A reduction in state’s rights.

Amendment 18 Liquor Abolished.   Two states did not ratify this amendment, Connecticut and Rhode Island, but they had no choice in the matter.

Amendment 19, Women’s Suffrage.   Another “infringement” on state’s rights.

Amendment 24 Poll Tax Barred.  States cannot impose a poll tax.

Amendment 26 Voting Age Set to 18.  States have no choice.

With regards to state’s rights, the constitution has been amended eight times.  The first was to guarantee the states their individual powers and authority.  Seven amendments can be said to impinge upon those rights. The put some type of restriction upon each state.  One can say those amendments were in support of protecting the people from bad actions of the states.  That does not mitigate the point that each one reduced, in some measure, the rights of the individual state.

Amendment vs Congressional Law

All of the mentioned laws are more than just a law.  They are part of the Constitution and as such have a special place in our system of laws.  A place not accorded to laws passed by Congress.  By definition, anything found in the constitution cannot be found to be unconstitutional.  There are many laws created by states that have been found unconstitutional.

Conclusion

I strongly suspect that if Congress were to pass the mentioned law there would be several states that challenge it. The legislatures and Attorneys General of some states do not want equality in education.  Or if truth be told, some do not want equality anywhere.

As can be guessed, I do favor such a law.

If you have an opinion, write back.

President at ca23rd dot org

27 November 2019