Literature Review 2

Literature Review 2

Source

Educational Federalism: A New Case for Reduced Federal Involvement In K-12 Education.

Citation

Lawson, Aaron. "Educational Federalism: A New Case For Reduced Federal Involvement In K-  12 

Education." Brigham Young University Education & Law Journal 2 (2013): 281-   318.Academic Search Premier. Web. 27 Oct. 2015.

Summary

The article discusses federal intervention in public education and the effect it has on the students, particularly the poor/minorities.  It argues that the failures of certain programs/groups set by the government is harming minority students and is not giving them a proper education.  It analyzes policies and how they hamper states' ability to address problems regarding funds and education criteria.

Author

Aaron Lawson, Associate at Edelson PC, former Staff Attorney for US Court of Appeals for the Seventh Circuit

Quotes

"However, the fact that federal involvement in education as produced undesirable outcomes for poor and minority students should cause policymakers to reexamine whether it is most desirable for the federal government to play such a significant role in education." (Lawson, 285)

"plaintiffs have a right not to equal state funding but to schools that provide the opportunity for a sound basic education" (Lawson, 294)

"In the context of education, where a court will establish limits on the exercise of legislative discretion but call upon the legislature to formulate a remedy in the first instance, a state court's action will be less effective since the legislature is already constrained by conditions attached to the receipt of federal funds. Indeed, where the effect of the federal policy is as harmful as some policies may be,"^116 the court's ability to vindicate the rights of students might be entirely ineffective. This possibility becomes more plausible as federal intervention grows."  (Lawson, 302)

Key Terms

Race to the Top Fund (RTTT): A government program.  States are asked to put reforms in 4 different areas which are improving low score schools, recruitment and retainment of good teachers and principals, create data systems to analyze student growth, and share it with teachers and finally adopt methods to prepare students for higher education and work.

Fourteenth Amendment:  Addresses equal rights and protection laws to all citizens, this amendment cane as a result of the freed slaves after the civil war.  Includes Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.

No Child Left Behind:  Government program set to aid disadvantaged students.  It set certain standards of improvement that schools must keep, lest they be penalized.

Value

The article is lengthy and discusses many government programs that may seem good at a glance.  There's lots of analysis on what the programs actually did to the schools, and how the federal government reacted, causing many negative things for the bottom end students.  The programs are in grade schools, and show that federal intervention regarding education is not always helpful, and tied with the financial backgrounds of the students negatively affected, may actually keep the students down.