This information is intended to provide the background context of structure and control, within which the curriculum and assessment frameworks are implemented.
The United States constitution authorises Congress to provide for a system of public schools. Legal control of public education consequently resides with the individual states. Courts have consistently upheld states' plenary authority to control and direct public schools, as long as their actions respect the fundamental constitutional rights of individuals. This governance structure ensures 50 autonomous educational systems. The federal goverment can entice states to take specific actions through a promise of financial assistance to schools, but the federal role is limited in educational matters. However, the country provides universal general education and all states are required to operate schools meeting federal standards. The United States Department of Education, with the participation of more than 30 federal agencies, is responsible for activities in schools. State legislation establishes the regulations by which public (state) schools operate and the criteria by which private schools are accredited. The day-to-day operation of schools is primarily a local matter, with state-level administration varying widely in its impact on local school boards.171
Education structure is determined at both the state and local levels. That is, responsibility for education is exercised by the legislatures of each of the 50 states and, within these policies, the operation of public schools is managed by some 16,000 local districts. Most states have a state Board of Education, either appointed by the governor or elected by the citizenry. The chief education officer of the state is either elected in a general election or appointed by the governor. Local districts have their own school boards of citizens either elected or appointed; school boards determine local educational policy and appoint a superintendent to administer the district's schools. School districts may be contiguous with the political jurisdiction, or they may be a portion of the jurisdiction. In some cases, districts serve more than one town or village.8,24
States formulate policies on the allocation of funds, the certification of teachers, textbooks and library services, and the provision of records and statistics; some states also specify curricula. District school boards collect taxes, construct buildings and have traditionally purchased equipment, determined instruction policy and employed teachers and other staff.24
It is interesting to note, that although the 50 states are autonomous, there are more similarities than differences in the ways that they have introduced standards and accountability measures to improve student performance.171
Kentucky's education system was completely revamped, by court order, through adoption of the Kentucky Education Reform Act (KERA) in 19905 . KERA is a systemic approach to education reform and addresses teaching, learning, standards, and assessment; opportunity to learn strategies and standards; governance, accountability, and management; parental and community support and involvement; making improvement systemwide; promoting "bottom-up" reform; dropout strategies; academic and vocational instruction; coordination with school-to-work programmes; benchmarks and timelines; and programme improvement and accountability.105
The following excerpt from the Maryland Constitution is typical state constitutional language establishing a public (state) school system:
The General Assembly, at its First Session after the adoption of this Constitution, shall by Law establish throughout the state a thorough and efficient system of free public school; and shall provide by taxation, or otherwise, for their maintenance.6
Organisation of the education system in Massachusetts is governed by the Education Reform Act of 1993.7 The provisions of this Act have now largely been incorporated into the education system. Additional information is available at http://www.doe.mass.edu/edreform/
State law, adopted in 1965, requires children to attend school from age 6 to 18. Laws also set minimum expectations for each school district's educational programme. Known as the 20 standards, these requirements specify that each district:
All levels of government fund free public education: local, state and federal. To conform with the strong local interest in education, the bulk of the funding stems from local taxes, aided by state support to equalise opportunity throughout the state and to introduce or encourage specific programmes locally. Federal (national government) funds aid projects regarded by Congress as essential for the common good, for example, programmes for deprived children.23
In 1999, around nine per cent of education funding came from the federal Government. Recent increases in federal funding have primarily been aimed at programmes to train teachers, recruit more teachers and, consequently, reduce class sizes.52
A useful summary of the history of federal funds for education is available at http://nces.ed.gov/pubs2002/digest2001/ch4.asp.
Local districts were originally the principal funding source for education. The proportion of the budget provided by the state has, however, gradually increased, in part to compensate for deficiencies of schools in less economically prosperous areas, so that states now contribute the larger share. States formulate policies on the allocation of funds and district school boards collect taxes, construct buildings and have traditionally purchased equipment, determined instruction policy and employed teachers and other staff. The states and districts between them contribute more than 90 per cent of the cost of school-level education in public schools.24
|
Federal (%) |
State (%) |
Local (%) |
Private (%) | |
| Nationwide |
6.9 |
45.6 |
44.7 |
2.7 |
| Florida |
8.3 |
48.5 |
39.1 |
4.1 |
| Kentucky |
10.1 |
67.0 |
22.1 |
0.8 |
| Maryland |
5.4 |
39.4 |
52.1 |
3.1 |
Source: NATIONAL CENTER FOR EDUCATION STATISTICS (NCES) (1996). The Condition of Education 1995. Washington DC: NCES. (Based on 1993-94 data).
Education is provided primarily by public schools, although there are a significant number of private schools in addition. Of approximately 46 million students enrolled in schools, 89 per cent attend public schools. In Grades 1 to 8 (students aged around 6 to 14 respectively), 87 per cent are enrolled in public schools and in Grades 9 to 12 (ages 14 to 18), 93 per cent are enrolled in public schools. Over the past decades, the trend to consolidate small schools has brought a steady decline in the total number of public schools in the United States. In 1930, there were more than 247,000 schools, compared with around 85,000 today. But the number of schools has remained relatively stable for the past ten years, with only a small decline at the secondary level. The shift in structure of public school systems toward middle schools (Grades 4, 5 or 6 to 6, 7 or 8) is continuing. The number of elementary schools rose by four per cent to 60,000 between 1983-84 and 1993-94, but middle school accounted for a disproportionate share of this increase, rising by 39 per cent. Meanwhile, the number of junior high schools, Grades 7 to 8 and 7 to 9, declined by 33 per cent. During this 1983-84 to 1993-94 period, the proportion of elementary schools with traditional 1-6 and 1-8 Grade spans dropped and the proportion with formerly atypical Grade 1-5 spans rose.8
Public (state) school enrolment as a percentage of 5- to 17-year-old population
| Nationwide | 91.4 |
| Florida | 92.0 |
| Kentucky | 90.0 |
| Maryland | 89.5 |
Source:NATIONAL CENTER FOR EDUCATION STATISTICS (NCES) (1996). The Condition of Education 1995. Washington DC: NCES. (Based on 1993-94 data).
In public schools, the state funds education for students, not just until the end of the compulsory phase (see 3.1), but until students receive their high school diploma regardless of their age.18
Charter schools, which operate outside the control of local school boards or districts, but are publicly-funded, are becoming increasingly popular in the United States. Such schools are independently-run and their charters are periodically reviewed. The number of charter schools in the USA grew by 50 per cent in 1998. In September 1998, there were around 1,100 charter schools, serving approximately 160,000 students in the US, and seven out of 10 charter schools reported having a waiting list. In May 1999, 34 states and the District of Columbia had adopted legislation to allow chartering of eligible schools. Such schools are free from some or all state and local regulations, in exchange for greater accountability for student success. 13,100 By the 2001-2002 school year, the National Center for Education Statistics (NCES) was reporting that there were just over 2,300 charter schools in the United States, providing instruction to 1.2 per cent of all students in publicly-funded education (http://www.nces.ed.gov).
Under the United States Constitution, parents have a fundamental right to direct the education of their children. In 1925, the Supreme Court recognised that 'liberty' includes the right to choose a private education. Today, a parent's right to choose a private education is reflected in the statutes of all 50 states. The compulsory school attendance laws typically specify private education as an alternative or exception to public school attendance requirements. It is also well-established that states have the power to regulate private schools, that is to say that they may impose 'reasonable' regulations for the control and duration of basic education.113
Non-state education is of two basic types, church-sponsored and independently operated. As publicly-funded sectarian religious instruction is prohibited under the Constitution, some schools and colleges are established and funded by religious groups, mainly Roman Catholic. Indeed, currently around 80 per cent of private schools are denominational and around half of these are Catholic.23,17
Although states have a right to regulate private schools, this right to regulate is not without limitations. Since 80 per cent of the USA's private schools are religious institutions, any regulation of these schools must conform with the First Amendment's guarantee of the free exercise of religion. The challenge to state legislators in regulating private schools is therefore to draft legislation that:
There are five general areas of regulation of private schools normally advanced by state legislatures.
These are:
With respect to curriculum requirements for private schools, these are generally broad, referring only to "the subjects usually taught in the public school", or itemising basic subject areas such as reading, writing, English, arithmetic and history. Many states specify studies in 'the state and federal constitutions'. Texas merely requires a 'study of good citizenship'. Iowa goes further and requires a 'multicultural, non-sexist approach with a global perspective to be incorporated into all levels of the educational programme' in all state-accredited non-public schools. Some states additionally require health education in private schools.113
(* It should, however, be noted that a minority of US states do not engage in any certification of private schools.)
Private schools provide for around 10-12 per cent of students.24
Fees plus private donations support private schools for the compulsory age group. Private sector institutions of post-compulsory education may receive subsidies from the public sector. Student fees in such institutions are generally much higher than in public sector ones. Secondary school students and those in post-compulsory education may receive means-tested aid; those in higher education may receive loans from various sources, repayable when a student becomes gainfully employed.23 Although some private schools providing education for students of compulsory school age may receive some public funding, around 30 states currently expressly forbid public subsidy of denominational schools.17
Many young children aged 3 to 5 take part in some kind of peer group activity, prior to compulsory education. Nursery schools which cater for children in this age range are often privately run.23