The American Right to Education by Hunter

The American Right to Education by Hunter - January 2021 Scholarship Essay

“Education is the most powerful weapon for changing the world.” These words from Nelson Mandela highlight the universal significance of education in our contemporary world. To withhold an education from any individual, is equivalent to barring them from their rightful potential and capabilities as a member of society and human being. Ideally, every person is given the opportunity to learn and receive a thorough education. Education should be an unalienable right, given to any student who has the desire to learn. This principle is commonly accepted, and many countries have taken great strides to thoroughly execute this idea into reality. In its “Declaration of Universal Rights,” the UN lists that everyone has the right to an education. But how successful have we been in making education entitled to all? Is education a designated right, or is it still a privilege only attainable for those who are born into its criteria? On a global scale, the answer is clear: education is still a privilege. Cultural differences and social-economic divisions still repress women, certain races, and low income families from obtaining proper schooling or instruction. However, when we define our scope to only the United States, we see better results. Contrary to some opinions, education within the US has become a right rather than a privilege.
At first glance, it may seem that education is not necessarily a right within the US. After all, education is not mentioned as a right within the federal Constitution. Laws determining education organization and distribution are left to state and local governments. Even so, not all state constitutions explicitly state education as a right either. Despite this somewhat unclear legal stance, free public education is expected to be available throughout the United States. Compulsory education laws even mandate children to receive schooling in all states. If a parent keeps their child from attending class, they will receive a fine and possibly jail time. These same rules apply to the school districts as well. No person can deny another an education based on race, religion, gender, sexuality, etc. Even though education is not explicitly given in the Constitution, the 14th Amendment implies that all citizens are given equal protection in receiving an education. This idea was observed in the well-known “Brown vs Board of Education” trial. In this case, the Supreme Court ruled that children of color be given the same education and schooling facilities given to every other American. This landmark case was vital in ending segregation in schools and granting equal civil rights to all African-Americans. Nowadays, we don’t see such extreme examples of rights being violated in this way. In a more recent and relevant case, known as “Gary B. vs Whitmer,” we learn more about education’s place as a right in the US. This case was first filed in 2016, and claimed that students in various Detroit schools were being denied a proper education due to inadequate teaching staff and resources. The case was dismissed in 2018, claiming that the Constitution did not guarantee that the students receive a proper education. However, in 2020, a federal court of appeals sided with the students and decided that a basic education and access to literacy are fundamental rights. In addition to the students’ compensation, the school district was given over 2 million dollars to improve and fund their literacy programs. The significance of this case lies in the presence of power in the students. By holding the state accountable for their improper schooling, the students proved that education is a right which can be defended by any American who takes action. Although the state education system had failed them, that does not mean that the students are simply unprivileged when it comes to education. It simply means that their rights were being violated, and that the problem can be resolved if given proper attention and execution. The right to education is not perfectly executed everywhere in the United States, but neither are our rights to speech, religion, or assembly. As American citizens, we have a duty to help correct our society’s imperfections and inequalities. This is what defines our rights and protects the American dream of freedom.
Of course, education is not solely determined by the classroom. Many may claim that household situations may hinder students from learning. For example, poverty may require a student to work instead of attending school. This claim was very valid for many decades, but now can be resolved through American social security programs. Systems such as child support and free lunch programs make attending school much more affordable and possible for families. In addition, new scholarships continuously open up paths to high learning for students who need financial support. The American right to education has progressed significantly, and will continue to advance to give all American children a proficient upbringing. As long as Americans continue to fight for equality, education will remain a treasured and protected right guaranteed to the people.