The Supreme Court and Educational Policy [microform] : The Protected Interests in Education / Donald F. Uerling
- Bib ID:
- 5420128
- Format:
- Book and Microform
- Author:
- Uerling, Donald F
- Online Version:
- https://eric.ed.gov/?id=ED224108
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- Description:
-
- [Washington, D.C.] : Distributed by ERIC Clearinghouse, 1982
- 26 p.
- Summary:
-
The nature of the interests in education that are protected by the Constitution may be ascertained by reference to certain due process and equal protection decisions of the Supreme Court reviewed in this paper. Although education is not a right granted by the Constitution, the Court has often recognized the importance of education, both to the individual and to the society. It seems that in terms of constitutional protections the Court has now accorded a sort of favored legal status to education although the exact nature of this status is unclear. The basic education necessary for functional literacy may be the extent of the protected interest. Although how this level of education is to be defined or measured is uncertain, what does seem clear is that the Constitution protects the individual against inequitable and unfair state action. Whatever educational opportunities the state does choose to provide, neither a discrete class nor a single individual may be unfairly excluded from access to those opportunities. Although the Fourteenth Amendment does not extend to every person the guarantee of success, the concepts of due process and equal protection do shield each person from state-imposed failure. (Author/JM)
- Notes:
-
- ERIC Note: Paper presented at the Annual Meeting of the National Conference of Professors of Educational Administration (36th, San Marcos, TX, August 15-20, 1982).
- Educational level discussed: Elementary Secondary Education.
- May also be available online. Address as at 14/8/18: https://eric.ed.gov/
- Reproduction:
- Microfiche. [Washington D.C.]: ERIC Clearinghouse microfiches : positive.
- Subject:
-
- Access to Education
- Constitutional Law
- Due Process
- Educational Discrimination
- Educational Opportunities
- Elementary Secondary Education
- Equal Education
- Equal Protection
- Expulsion
- Financial Support
- Illegal Immigrants
- School Support
- Student Rights
- Right to Education
- Fourteenth Amendment Goss v Lopez Meyer v Nebraska Rodriguez v San Antonio Independent School Dist Supreme Court
- Available From:
- ERIC
- Copyright:
-
In Copyright
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Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1982
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.
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