is there an amendment to the constitution that gives children the right to a good education?

Question

my kids are going to a terrible school. It's a public school. there is a teacher with tenure there that is a terrible alcoholic and everybody knows it it's a running joke among the students. He has a cup of vodka on his desk and bottles hidden in his classroom. my kids have found it on 2 ocasions.But no one can do anything about it I'm told, because he has tenure. Now though my kids are being discriminated against badly such as weeks of missing assignments. (I've seen the work before turn in) I've had to make them get a reciept for all they turn in among other things. Now due to my protestations all my kids and I are suffering class discrimination.I need to know what my rights are to bring a suit against the school.Also there are many others that feel the same way. Another problem is that it's a small town and if you don't have the right last name your screwed thus the class discrimination. Please this is important!

Answer 1

I am a parent Advocate and work very closely with parents who are attempting to access services for their children.

Every child is entitled to a Free and Appropriate Public Education (FAPE).

Check with your state's Department of Education. They will have a "complaint department". File a complaint with them AND pursue it. Too often parents will complain to other parents and then not follow thru. The State cannot do anything if they are not aware of the problem.

Answer 2

Students are constitutionally entitled to a free and equal education, but there is nothing to say that it has to be good. I'm pretty sure that tenure does not mean that you are completely immune to be being fired. Such a large and obvious offense should make that teacher subject to dismissal tenure or not. In fact it may be illegal in some way, you should check on that. Note also that there are higher authorities to appeal to. Your state government might have something to say. I would suggest dropping the action suit as it will make people take you less seriously.

Answer 3

No, but many state consitutions provide a right to an education. The U.S. constitution, via the Equal Protection Clause, provides protection against against discrimination/segregation in education, but that does not appear to be applicable in your case


Here's an example of a state's provision- California:

"The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established."

Answer 4

There is no right to a "good education." However, the 14th Amendment might apply in your situation. There are the doctrines of due process and equal protection in this amendment. In your situation, equal protection is more important. Getting such a case into the court is very difficult, but not impossible. Talk to a constitutional lawyer about it, possibly.

Answer 5

No. Neither is education considered a fundamental right.

If you don't like public education, however, you do have the fundamental right to home school or to send your kids to a private school.

Answer 6

Welcome to public education. If you would raise hell and say less to welfare and more to education..that would help. Do what most of us have had to do, private schools. The hoodrats from the poor neighborhoods are being bussed in and ruining everywhere.

Answer 7

There is no amendment that guarantees a right to a good school district.