The First, Fifth, and Fourteenth Amendment rights to access equal information in America's public schools

Ash, Carey Laroy Hawkins

Permalink

https://hdl.handle.net/2142/78775 Copy

Description

Title

The First, Fifth, and Fourteenth Amendment rights to access equal information in America's public schools

Author(s)

Ash, Carey Laroy Hawkins

Issue Date

2015-04-23

Director of Research (if dissertation) or Advisor (if thesis)

Anderson, James D.

Doctoral Committee Chair(s)

Anderson, James D.

Committee Member(s)

• Alexander, S. Kern
• Dixson, Adrienne D.
• Sharpe, Jamelle C.
• Trent, William T.

Department of Study

Educ Policy, Orgzn & Leadrshp

Discipline

Educ Policy, Orgzn & Leadrshp

Degree Granting Institution

University of Illinois at Urbana-Champaign

Degree Name

Ph.D.

Degree Level

Dissertation

Keyword(s)

• United States
• America
• First Amendment
• Fifth Amendment
• Fourteenth Amendment
• public
• school
• education
• Access
• unequal
• property
• tax
• Brown
• Sweatt
• Goss
• San Antonio
• Plyler
• children
• Knowledge
• economy
• funding
• finance
• equal
• Liberty
• information
• stigma
• critical
• thinking
• critical race praxis
• critical race theory
• critical legal studies
• law
• Program for International Student Assessment (PISA)
• opportunity
• globalized
• Allen
• Roth
• Brandenburg
• Gitlow
• Grosjean
• Houchins
• Kimel
• Kleindienst
• Meyer
• O'Connor
• Tinker

Abstract

America’s public school system finds itself strongly challenged at a time when both domestic and world affairs call upon us to rethink the way we develop and prepare our country’s citizens. Unfortunately, countless students in school districts across the Nation daily receive unequal access to information in school, resulting from the inequitable distribution of resources caused by property tax based systems of funding public education. The Supreme Court declared in Sweatt v. Painter, 339 U.S. 629 (1950), and Brown v. Board of Education, 347 U.S. 483 (1954), that every student is entitled to equal access to equal information undergirding the critical thinking training they receive in schools. However, the Supreme Court sanctioned school funding disparities caused by property tax based systems by claiming that there is no fundamental right to an education in the United States per the Court’s ruling in San Antonio v. Rodriguez, 411 U.S. 1 (1973). As a result, this paper asserts that the funding disparities resulting from property tax based school funding systems is the chief cause of disparate access to information in schools based purely on where students live. Disparate access to information in schools in turn leads to disparities in critical thinking training since the depth and degree of critical thinking training depends on one’s access to information in school. Disparate access to information in America’s public schools violates students’ First, Fifth, and Fourteenth Amendment rights and adversely affects our children for a lifetime.

Graduation Semester

2015-5

Type of Resource

text

Permalink

http://hdl.handle.net/2142/78775

Copyright and License Information

Copyright 2015 Carey Hawkins Ash

Owning Collections