Dive Brief:
- Lawmakers in Illinois are considering a change to the state's constitution that would redefine education as a "fundamental right" rather than a "primary responsibility."
- If the change were to happen, the state would be fully responsible for providing adequate funding for schools, in action rather than simply as a concept.
- The amendment would require the state to fund 51% of the cost of education, which means that funding gaps between disparate school districts would likely be narrowed, as the current property tax-based public school funding model has led to inequity.
Dive Insight:
In addition to possible changes to the state's constitution, a new plan proposed by Illinois Democrats over how public school funding is allocated aims to take money from wealthier districts and redistribute it in poorer areas. This idea, too, is in the name of battling inequity.
As far as school funding trends go, it's unclear if any other states have tried declaring education a "fundamental right" as opposed to a "primary responsibility," and if this has actually made a difference or not. If this update happens, Illinois may well set a precedent for other states.
A 2013 blog post by the Constitution Daily says that no national constitutional right to have an education exists."The Supreme Court resolved this issue 40 years ago in a case about the means of financing the public elementary and secondary schools in San Antonio, Texas, called SanAntonio Independent School District v. Rodriguez (1973)," the blog noted. "...the court found that 'the Texas system does not operate to the peculiar disadvantage of any suspect class' and that education 'is not among the rights afforded explicit protection under our Federal Constitution. Nor do we find any basis for saying it is implicitly so protected.'"
A 2015 Education Trust study revealed that Illinois has the nation's biggest gaps in funding between rich and poor students, with disadvantaged students receiving 20% less education funding than their more affluent peers.
