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Judd Barrof, St. John’s University School of Law Class of 2012, is the author of the first article in a ten part series from the staffers of the Journal of Civil Rights and Economic Development under the direction of Professor Leonard Baynes. Barrof writes on reforming US education policy through the introduction of high school exit examinations…


As has become a morbid joke in the US, we are an ignorant country, and our high schools are particularly deplorable. In 2001, 57 percent of American high school seniors scored “below basic” on an exam of simple historical knowledge, while only 1 percent scored “advanced.” For example, 52 percent chose Italy, Germany or Japan over the Soviet Union as a US ally in World War II. They were similarly ignorant with respect to the content of the Constitution. For example, even though their parents underwent foreign and domestic turmoil to guarantee their freedom of expression, only 25 percent of contemporary college students could name a single right granted by the First Amendment. Furthermore, in a world that increasingly demands mathematical and scientific knowledge, children in the US tested far below average. In 2005, 46 percent of students could not reach a “basic” understanding of mathematics, while only 2 percent were deemed “advanced.” Furthermore, these statistics were verified on an international level; of 57 countries sampled, the US ranked 32, behind such booming economies as Lithuania and New Zealand. Only 42 percent of Americans accept the validity of evolution, and 20 percent believe in witches. In the field of education, the only thing that makes Americans exceptional is their ignorance. There are many differences between the nations that outperformed the US and the US itself, but one significant common denominator seemed to be that most high-performing countries have a high school exit examination. Accordingly, the US might do well to adopt this policy in order to improve its educational system.In March 2010, President Barack Obama attempted to solve the problem by reauthorizing No Child Left Behind (NCLB), altering the original legislation substantially. His predecessor, George W. Bush, originally signed the act into law on January 8, 2002. Its purpose was “to ensure that all children have a fair, equal, and significant opportunity to obtain high-quality education” and to create “accountability systems” against which teachers and administrators could be judged. This past year, President Obama recognized that by almost any measure, the act had failed. Specifically, he attacked NCLB’s system of “accountability,” which wreaked havoc on schools by depriving the most desperate schools of sorely needed money. Unfortunately, he did not focus on two even greater concerns. Even though the number of “proficient students” had increased, the objective quality of American education sank; and the vague standards of NCLB had encouraged every state to dumb down its definition of proficiency to meet the quota that the act required. Read More

government in education  times of texasThe degree of legal authority that elected government officials or their appointees exert, directly or indirectly, over public and private education. Unlike most foreign nations, where central governments or official religious authorities control education, the powers of government over education in the United States have been limited since the nation’s beginnings. Indeed, the federal government abdicated all influence over education when the republic was formed following independence from England. Prior to that, the colonies had left all education to parents and local churches. The only interference by the state, whose monarch also headed the Church of England, was to certify the teaching qualifications of clerics and ensure their loyalty to the Crown. At the time of independence, a handful of secular secondary schools had emerged in Philadelphia, New York and Boston, and some socially liberal framers of the Constitution— notably BENJAMIN FRANKLIN, THOMAS JEFFERSON, JAMES MADISON and BENJAMIN RUSH—had sought to include universal public education in the CONSTITUTION as a basic right of all Americans. Indeed, they proposed a national, federally controlled system of public education, with elementary schools in each community, regional secondary schools in each county, a college in each state and a national university. Competitive examinations were to have determined progression to each level, and graduation from the national university was to have been a prerequisite for government service.

The proposal was defeated by northern industrialists and southern planters who feared schools would deprive them of their cheapest form of labor—children and slaves. The Constitution made no mention of education and thus left the question to the states. The latter, in turn, largely left education to parents, who perpetuated the colonial system of either educating children themselves or, if they could afford to, sending them to local, church-run “common schools.” The landed gentry sent their children to independent private schools, also usually under the direction of churchmen. The only active state control over education was through the issuance of charters of incorporation, which determined a school’s right to operate. Read More