Michael A. Rebell via NY Times
Most state constitutions, in fact, guarantee all students a sound, basic public education. These constitutional rights cannot be put on hold, even in tough times. It is unconstitutional to call on parents to pay for textbooks and lab fees for required courses. And art, music, sports, basic educational support services and many extracurricular activities that promote learning, creativity and character are not luxuries; they, too, are essential features of a sound, basic education.
California acknowledged as much last December when it settled a lawsuit brought by the American Civil Liberties Union challenging illegal school fees. Officials ordered school districts to halt the practice and to refund the fee money they had collected. While schools in California now must eliminate textbook and activity fees, affluent children whose parents can afford to reinstate teaching positions will continue to have more educational opportunities than their poorer counterparts.
A number of judges have begun to respond to the devastation in state education financing: in May, the New Jersey Supreme Court ordered Gov. Chris Christie and the Legislature to reinstate $500 million in funds for poor urban districts, and last month, a North Carolina judge blocked cuts that would have decimated financing for a statewide preschool program.
The courts are doing their job, but litigation is time-consuming and expensive. Politicians have a constitutional obligation to protect public education. They need to ensure that adequate public funds are available, and the people need to hold them accountable for doing so.
We will have to take our elected officials to court, and sue for the basic premises of equality in everyday life.
Can we please sue all the officials who didn’t pay into legally-mandated pension funds, too? Who didn’t pave the streets? And who campaigned on lowering real estate taxes?