The right to education is universal, but girls continue to suffer severe
disadvantage and exclusion within education systems in many countries. Gender
disparity begins in early childhood and is present at all stages of girls'
lives, impacting negatively on their access to education. Children miss out on
school because their families need them to earn money. But by sacrificing their
education, they become trapped in a cycle of poverty.
Many countries, particularly developing countries, face an acute shortage of
qualified teachers. Even though schooling is largely financed with public
resources across the globe, a great deal of heterogeneity is observed between
countries and world regions. The study employs a doctrinal method of research
where the study is to identify and assess the right to education of children in
the USA, and Germany, and whether an acceptance of a universal right to
education can lead to the benefits of economic efficiency and improvements in
social welfare. Hence, the study is undertaken to understand the implementation
of the right to education in aforesaid countries.
Introduction:
The U.S. education law has developed under both the federal system and the state
systems. The U.S. Constitution does not explicitly enumerate a positive
fundamental right to education[2]. The Supreme Court and federal and state
legislatures have been the catalysts through which the right to education has
been developed. In federal constitutional law, there exist two types of rights.
Here we will look at these types within the framework of education. One is a
negative right to education, which was recognized in Meyer v. Nebraska, 262 U.S.
390 (1923). A negative right to education is the right to have the government
not interferes with your attempt to acquire learning[3].
The other is called a positive right to education which is something that the
Supreme Court has never recognized in the context of education. A positive right
would be an affirmative right that the government must provide a certain quantum
or quality of education[4]. In essence, the government would guarantee the
citizenry a certain level of education that it must provide. In addition to
positive and negative rights, federal constitutional rights can be seen as
fundamental or non-fundamental rights.[5]
In 1975, Congress enacted the Education for All Handicapped Children Act which
has been revised and renamed the Individuals with Disabilities Education Act
(IDEA)[6]. This act creates a federal positive fundamental right to education
for those who are disabled[7]. As long as the child fits the criteria under the
act, the child is guaranteed a "free appropriate education in the least
restrictive environment."[8] To be eligible under this act, three things are
required:
- the child must be between the age of three and twenty-one;
- the child must have a specifically identified disability, and
- the child must also require special education and its related
services[9].
Although the act is vague in describing what "appropriate education" means,
it appears necessary that some educational benefit must materialize.[10]
Then, in 2002, Congress enacted the No Child Left Behind Act (NCLB).[11] This
act was designed to improve student achievement with various far-ranging
provisions.[12] The more vital of these provisions purport that states must take
steps to improve academic achievement among the economically disadvantaged if
the states are to receive federal funds, highly qualified teachers must be
trained and recruited, and improved English proficiency must be provided to
students that have English as a second language, schools shall become more
accountable for academic achievement, research-based teaching methods that have
been proven effective must be used, and parents shall be afforded better school
choice especially if the local schools are inadequate.[13]
"The [intended] purpose of [NCLB] is to ensure that all children have a fair,
equal, and significant opportunity to obtain a high-quality education and reach,
at a minimum, proficiency on challenging State academic achievement standards
and state academic assessments."[14]
The NCLB is seen as a federal attempt to improve educational equity and reduce
the necessity to bring constitutional claims or educational malpractice
suits.[15] At the very least, this over 1,100-page document could be seen as
evidence of a federal statement of a positive fundamental right to
education.[16]
The German education system functions upon the rules and regulations of the
Basic Law "Grundgesetz". The Federal Ministries of Education, Cultural Affairs,
and Science is the main authority for making education, science, and arts policy
guidelines, and for adopting related laws and administrative regulations.[17]
The ministry closely collaborates with the Federation and Länders (German
states) authorities, in supervising the entire activity of the educational
institutions, organizations, and foundations.
The legislative and executive power over primary and secondary education always
has been vested in the states and most of the states have constitutional
provisions on education and extensive legislation on the educational system.[18]
Some uniformity among the states is achieved through the efforts of a permanent
conference of the education ministers of the states.[19] In 2006, a major reform
of the German Constitution[20] strengthened the role of the states by granting
them power over framework legislation on universities, which before the reform
had been vested in the Federation. However, the same reform gives the Federation
the power to institute uniform standards for examinations at universities.[21]
School attendance is mandatory for all children in Germany from the age of six
until the age of eighteen, and homeschooling is not permissible. Children often
have a choice between public and private schools. The latter may be religious or
secular, and either can obtain governmental subsidies if they are properly
accredited.[22] Aside from a few private universities, attendance at colleges
and universities is free,[23] and stipends and loans are provided to students
who cannot defray their living expenses while studying.[24]
The German education system is structured into preschool (below the age of six),
primary school (grade 1-4, ages six to ten), secondary schooling (up to age
nineteen), and tertiary schooling at universities and colleges. Secondary
schooling branches out into tracks at age eleven, with more opportunities to
choose at age fifteen. These tracks differentiate between general education, a
college-preparatory track, and a vocational track.
In some states, the college-preparatory track already starts at age eleven,
although opportunities for changing the direction of a child's education exist
at various levels. This track system that makes children choose their career
path at an early age has recently come under criticism. Vernor Muñoz, Special
Rapporteur on the Right to Education, reported to the United Nations General
Assembly that the German school system disadvantages children of low
socio-economic backgrounds, in particular, the children of immigrants.[25]
Germany has a longstanding tradition of providing special schools for children
with special needs. Yet until a few years ago, education for the disabled and
other special children was provided in segregated schools. [26]Since 1994,
however, the awareness has been growing that this form of special schooling
discriminates against the disabled, and efforts have since then been underway to
integrate special education into the regular school system.[27] The issue has
constitutional overtones since an amendment to the Constitution now prohibits
discrimination against the disabled. Decisions of the Federal Constitutional
Court have applied this guarantee to the schooling of the disabled, yet change
is required only to the financially feasible extent.[28]
A report filed by the President of the INGO Conference of the Council of Europe,
Annelise Oeschger finds that children and their parents are subject to United
Nations, European Union and UNICEF human rights violations. Of particular
concern is the German (and Austrian) agency, Jugendamt (German:
Youth office) that often unfairly allows for unchecked government control of the
parent-child relationship, which have resulted in harm including torture,
degrading, cruel treatment and has led to children's death.
The problem is complicated by the nearly "unlimited power" of the Jugendamt
officers, with no processes to review or resolve inappropriate or harmful
treatment.
By German law, Jugendamt officers are protected against prosecution. Jugendamt
(JA) officers span of control is seen in cases that go to family court where
experts testimony may be overturned by lesser educated or experienced JA
officers; In more than 90% of the cases the JA officer's recommendation is
accepted by family court. Officers have also disregarded family court decisions,
such as when to return children to their parents, without repercussions. Germany
has not recognized related child-welfare decisions made by the European
Parliamentary Court that have sought to protect or resolve children and parental
rights violations.[29]
- Education System in the United States of America
The history of education in the United States, or Foundations of Education
covers the trends in educational formal and informal learning in America from
the 17th century to the early 21st century.
The first American schools in the thirteen original colonies opened in the 17th
century. Boston Latin School was founded in 1635 and is both the first public
school and oldest existing school in the United States.[30] The first free
taxpayer-supported public school in North America, the Mather School, was opened
in Dorchester, Massachusetts, in 1639.[31],[32] Cremin (1970) stresses that
colonists tried at first to educate by the traditional English methods of
family, church, community, and apprenticeship, with schools later becoming the
key agent in "socialization." At first, the rudiments of literacy and arithmetic
were taught inside the family, assuming the parents had those skills.
Literacy
rates were much higher in New England because much of the population had been
deeply involved in the Protestant Reformation and learned to read in order to
read the Scriptures. Literacy was much lower in the South, where the Anglican
Church was the established church. Single working-class people formed a large
part of the population in the early years, arriving as indentured servants. The
planter class did not support public education but arranged for private tutors
for their children, and sent some to England at appropriate ages for further
education.
By the mid-19th century, the role of the schools in New England had expanded to
such an extent that they took over many of the educational tasks traditionally
handled by parents.[33],[34]
2.0 Main discussion
All the New England colonies required towns to set up schools, and many did so.
In 1642 the Massachusetts Bay Colony made "proper" education compulsory; other
New England colonies followed this example. Similar statutes were adopted in
other colonies in the 1640s and 1650s. The schools were all male and all white,
with few facilities for girls.[35] In the 18th century, "common schools" were
established; students of all ages were under the control of one teacher in one
room. Although they were publicly supplied at the local (town) level, they were
not free. Students' families were charged tuition or "rate bills."
The larger towns in New England opened grammar schools, the forerunner of the
modern high school.[36] The most famous was the Boston Latin School, which is
still in operation as a public high school. Hopkins School in New Haven,
Connecticut, was another. By the 1780s, most had been replaced by private
academies. By the early 19th century New England operated a network of private
high schools, now called "prep schools," typified by Phillips Andover Academy
(1778), Phillips Exeter Academy (1781), and Deerfield Academy (1797). They
became the major feeders for Ivy League colleges in the mid-19th century.[37]
These prep schools became coeducational in the 1970s, and remain highly
prestigious in the 21st century.[38],[39]
2.1 The South
Residents of the Upper South, centered on the Chesapeake Bay, created some basic
schools early in the colonial period. In late 17th century Maryland, the
Catholic Jesuits operated some schools for Catholic students.[40] Generally the
planter class hired tutors for the education of their children or sent them to
private schools. During the colonial years, some sent their sons to England or
Scotland for schooling.
In March 1620, George Thorpe sailed from Bristol for Virginia. He became a
deputy in charge of 10,000 acres (4,000 ha) of land to be set aside for a
university and Indian school. The plans for the school for Native Americans
ended when George Thorpe was killed in the Indian Massacre of 1622. In Virginia,
rudimentary schooling for the poor and paupers was provided by the local
parish.[41] Most elite parents either home schooled their children using
peripatetic tutors or sent them to small local private schools.[42]
In the deep south (Georgia and South Carolina), schooling was carried out
primarily by private venture teachers and a hodgepodge of publicly funded
projects. In the colony of Georgia, at least ten grammar schools were in
operation by 1770, many taught by ministers. The Bethesda Orphan House educated
children. Dozens of private tutors and teachers advertised their service in
newspapers. A study of women's signatures indicates a high degree of literacy in
areas with schools.[43] In South Carolina, scores of school projects were
advertised in the South Carolina Gazette beginning in 1732. Although it is
difficult to know how many ads yielded successful schools, many of the ventures
advertised repeatedly over years, suggesting continuity. [44],[45]
After the American Revolution, Georgia and South Carolina tried to start small
public universities. Wealthy families sent their sons North to college. In
Georgia public county academies for white students became more common, and after
1811 South Carolina opened a few free "common schools" to teach reading, writing
and arithmetic to whites.
Republican governments during the Reconstruction era established the first
public school systems to be supported by general taxes. Both whites and blacks
would be admitted, but legislators agreed on racially segregated schools. (The
few integrated schools were located in New Orleans).
Particularly after white Democrats regained control of the state legislatures in
former Confederate states, they consistently underfunded public schools for
blacks which continued until 1954 when the United States Supreme Court declared
state laws establishing separate public schools for black and white students to
be unconstitutional.
Generally public schooling in rural areas did not extend beyond the elementary
grades for either whites or blacks. This was known as "eighth grade
school"[46]https://en.wikipedia.org/wiki/History_of_education_in_the_United_States
- cite_note-17 After 1900, some cities began to establish high schools,
primarily for middle class whites. In the 1930s roughly one fourth of the US
population still lived and worked on farms and few rural Southerners of either
race went beyond the 8th grade until after 1945.[47],[48],[49]
2.2 Women and girls
The earliest continually operating school for girls in the United States is the
Catholic Ursuline Academy in New Orleans. It was founded in 1727 by the Sisters
of the Order of Saint Ursula. The Academy graduated the first female pharmacist.
The first convent established in the United States supported the Academy. This
was the first free school and first retreat center for young women. It was the
first school to teach free women of color, Native Americans, and female
African-American slaves. In the region, Ursuline provided the first center of
social welfare in the Mississippi Valley; and it was the first boarding school
for girls in Louisiana, and the first school of music in New Orleans.[50]
Tax-supported schooling for girls began as early as 1767 in New England. It was
optional and some towns proved reluctant to support this innovation.
Northampton, Massachusetts, for example, was a late adopter because it had many
rich families who dominated the political and social structures. They did not
want to pay taxes to aid poor families. Northampton assessed taxes on all
households, rather than only on those with children, and used the funds to
support a grammar school to prepare boys for college.
Not until after 1800 did
Northampton educate girls with public money. In contrast, the town of Sutton,
Massachusetts, was diverse in terms of social leadership and religion at an
early point in its history. Sutton paid for its schools by means of taxes on
households with children only, thereby creating an active constituency in favor
of universal education for both boys and girls.[51]
Historians note that reading and writing were different skills in the colonial
era. Schools taught both, but in places without schools, writing was taught
mainly to boys and a few privileged girls. Men handled worldly affairs and
needed to both read and write. It was believed that girls needed only to read
(especially religious materials). This educational disparity between reading and
writing explains why the colonial women often could read, but could not write
and could not sign their names-they used an "X".[52]
The education of elite women in Philadelphia after 1740 followed the British
model developed by the gentry classes during the early 18th century. Rather than
emphasizing ornamental aspects of women's roles, this new model encouraged women
to engage in more substantive education, reaching into the classical arts and
sciences to improve their reasoning skills. Education had the capacity to help
colonial women secure their elite status by giving them traits that their
'inferiors' could not easily mimic. Fatherly (2004) examines British and
American writings that influenced Philadelphia during the 1740s–1770s and the
ways in which Philadelphia women gained education and demonstrated their
status.[53]
2.3 Non-English schools
By 1664, when the territory was taken over by the English, most towns in the New
Netherland colony had already set up elementary schools. The schools were
closely related to the Dutch Reformed Church, and emphasized reading for
religious instruction and prayer. The English closed the Dutch-language public
schools; in some cases these were converted into private academies. The new
English government showed little interest in public schools.[54]
German settlements from New York through Pennsylvania, Maryland and down to the
Carolinas sponsored elementary schools closely tied to their churches, with each
denomination or sect sponsoring its own schools. In the early colonial years,
German immigrants were Protestant and the drive for education was related to
teaching students to read Scripture. [55],[56]
Following waves of German Catholic immigration after the 1848 revolutions, and
after the end of the Civil War, both Catholics and Missouri Synod Lutherans
began to set up their own German-language parochial schools, especially in
cities of heavy German immigration: such as Cincinnati, St. Louis, Chicago and
Milwaukee, as well as rural areas heavily settled by Germans.[57] The Amish, a
small religious sect speaking German, are opposed to schooling past the
elementary level. They see it as unnecessary, as dangerous to preservation of
their faith, and as beyond the purview of government. [58],[59]
Spain had small settlements in Florida, the Southwest, and also controlled
Louisiana. There is little evidence that they schooled any girls. Parish schools
were administered by Jesuits or Franciscans and were limited to male
students.[60]
2.4 Textbooks
In the 17th century, colonists imported schoolbooks from England. By 1690,
Boston publishers were reprinting the English Protestant Tutor under the title
of The New England Primer. The Primer was built on rote memorization. By
simplifying Calvinist theology, the Primer enabled the Puritan child to define
the limits of the self by relating his life to the authority of God and his
parents. [61],[62] The Primer included additional material that made it widely
popular in colonial schools until it was supplanted by Webster's work. The "blue
backed speller" of Noah Webster was by far the most common textbook from the
1790s until 1836, when the McGuffey Readers appeared. Both series emphasized
civic duty and morality, and sold tens of millions of copies nationwide.[63]
Webster's Speller was the pedagogical blueprint for American textbooks; it was
so arranged that it could be easily taught to students, and it progressed by
age. Webster believed students learned most readily when complex problems were
broken into its component parts. Each pupil could master one part before moving
to the next. Ellis argues that Webster anticipated some of the insights
associated in the 20th century with Jean Piaget's theory of cognitive
development.
Webster said that children pass through distinctive learning phases
in which they master increasingly complex or abstract tasks. He stressed that
teachers should not try to teach a three-year-old how to read-wait until they
are ready at age five. He planned the Speller accordingly, starting with the
alphabet, then covering the different sounds of vowels and consonants, then
syllables; simple words came next, followed by more complex words, then
sentences. Webster's Speller was entirely secular. It ended with two pages of
important dates in American history, beginning with Columbus' "discovery" in
1492 and ending with the Battle of Yorktown in 1781, by which the United States
achieved independence.
There was no mention of God, the Bible, or sacred events.
As Ellis explains, "Webster began to construct a secular catechism to the
nation-state. Here was the first appearance of 'civics' in American schoolbooks.
In this sense, Webster's speller was the secular successor to The New England
Primer with its explicitly biblical injunctions."[64] Bynack (1984) examines
Webster in relation to his commitment to the idea of a unified American national
culture that would prevent the decline of republican virtues and national
solidarity.
Webster acquired his perspective on language from such German
theorists as Johann David Michaelis and Johann Gottfried Herder. He believed
with them that a nation's linguistic forms and the thoughts correlated with them
shaped individuals' behavior. He intended the etymological clarification and
reform of American English to improve citizens' manners and thereby preserve
republican purity and social stability. Webster animated his Speller and Grammar
by following these principles.[65]
2.5 Colonial colleges
Higher education was largely oriented toward training men as ministers before
1800. Doctors and lawyers were trained in local apprentice systems.
Religious denominations established most early colleges in order to train
ministers. New England had a long emphasis on literacy in order that individuals
could read the Bible. Harvard College was founded by the colonial legislature in
1636, and named after an early benefactor. Most of the funding came from the
colony, but the college began to build an endowment from its early years.[66]
Harvard at first focused on training young men for the ministry, but many alumni
went into law, medicine, government or business. The college was a leader in
bringing Newtonian science to the colonies.[67]
The College of William & Mary was founded by Virginia government in 1693, with
20,000 acres (8,100 ha) of land for an endowment, and a penny tax on every pound
of tobacco, together with an annual appropriation. It was closely associated
with the established Anglican Church. James Blair, the leading Anglican minister
in the colony, was president for 50 years. The college won the broad support of
the Virginia planter class, most of whom were Anglicans. It hired the first law
professor and trained many of the lawyers, politicians, and leading
planters.[68] Students headed for the ministry were given free tuition.
Yale College was founded by Puritans in 1701, and in 1716 was relocated to New
Haven, Connecticut. The conservative Puritan ministers of Connecticut had grown
dissatisfied with the more liberal theology of Harvard, and wanted their own
school to train orthodox ministers. However, president Thomas Clap (1740–1766)
strengthened the curriculum in the natural sciences and made Yale a stronghold
of revivalist New Light theology.[69]
New Side Presbyterians in 1747 set up the College of New Jersey, in the town of
Princeton; much later it was renamed as Princeton University. Baptists
established Rhode Island College in 1764, and in 1804 it was renamed Brown
University in honor of a benefactor. Brown was especially liberal in welcoming
young men from other denominations.
In New York City, the Anglicans set up Kings College in 1746, with its president
Samuel Johnson the only teacher. It closed during the American Revolution, and
reopened in 1784 as an independent institution under the name of Columbia
College; it is now Columbia University.
The Academy of Philadelphia was created in 1749 by Benjamin Franklin and other
civic minded leaders in Philadelphia. Unlike colleges in other cities, it was
not oriented toward the training of ministers. It founded the first medical
school in America in 1765, therefore becoming America's first university. The
Pennsylvania state legislature conferred a new corporate charter upon the
College of Philadelphia and renamed it the University of Pennsylvania in
1791.[70]
The Dutch Reform Church in 1766 set up Queens College in New Jersey, which later
became known as Rutgers University and gained state support. Dartmouth College,
chartered in 1769 as a school for Native Americans, relocated to its present
site in Hanover, New Hampshire, in 1770. [71],[72]
All of the schools were small, with a limited undergraduate curriculum oriented
on the classical liberal arts. Students were drilled in Greek, Latin, geometry,
ancient history, logic, ethics and rhetoric, with few discussions, little
homework and no lab sessions. The college president typically tried to enforce
strict discipline. The upperclassmen enjoyed hazing the freshmen. Many students
were younger than 17, and most of the colleges also operated a preparatory
school. There were no organized sports, or Greek-letter fraternities, but many
of the schools had active literary societies. Tuition was very low and
scholarships were few.[73]
The colonies had no schools of law. A few young American students studied at the
prestigious Inns of Court in London. The majority of aspiring lawyers served
apprenticeships with established American lawyers, or "read the law" to qualify
for bar exams.[74] Law became very well established in the colonies, compared to
medicine, which was in rudimentary condition. In the 18th century, 117 Americans
had graduated in medicine in Edinburgh, Scotland, but most physicians learned as
apprentices in the colonies.[75]
The trustees of the Academy of Philadelphia, later the University of
Pennsylvania, established the first medical school in the colonies in 1765,
becoming the first university in the colonies.[76] In New York, the medical
department of King's College was established in 1767, and in 1770 it awarded the
first American M.D. degree.[77]
2.6 Federal Era
After the Revolution, northern states especially emphasized education and
rapidly established public schools. By the year 1870, all states had
tax-subsidized elementary schools.[78] The US population had one of the highest
literacy rates in the world at the time.[79] Private academies also flourished
in the towns across the country, but rural areas (where most people lived) had
few schools before the 1880s.
In 1821, Boston started the first public high school in the United States. By
the close of the 19th century, public secondary schools began to outnumber
private ones.[80],[81]
Over the years, Americans have been influenced by a number of European
reformers; among them Pestalozzi, Herbart, and Montessori.[82]
2.7 Republican motherhood
By the early 19th century with the rise of the new United States, a new mood was
alive in urban areas. Especially influential were the writings of Lydia Maria
Child, Catharine Maria Sedgwick, and Lydia Sigourney, who developed the role of
republican motherhood as a principle that united state and family by equating a
successful republic with virtuous families. Women, as intimate and concerned
observers of young children, were best suited to the role of guiding and
teaching children.
By the 1840s, New England writers such as Child, Sedgwick,
and Sigourney became respected models and advocates for improving and expanding
education for females. Greater educational access meant formerly male-only
subjects, such as mathematics and philosophy, were to be integral to curricula
at public and private schools for girls. By the late 19th century, these
institutions were extending and reinforcing the tradition of women as educators
and supervisors of American moral and ethical values.[83]
The ideal of Republican motherhood pervaded the entire nation, greatly enhancing
the status of women and supporting girls' need for education. The relative
emphasis on decorative arts and refinement of female instruction which had
characterized the colonial era was replaced after 1776 by a program to support
women in education for their major role in nation building, in order that they
become good republican mothers of good republican youth. Fostered by community
spirit and financial donations, private female academies were established in
towns across the South as well as the North.[84]
Rich planters were particularly insistent on having their daughters schooled,
since education often served as a substitute for dowry in marriage arrangements.
The academies usually provided a rigorous and broad curriculum that stressed
writing, penmanship, arithmetic, and languages, especially French. By 1840, the
female academies succeeded in producing cultivated, well-read female elite ready
for their roles as wives and mothers in southern aristocratic society.[85]
2.8 Attendance
The 1840 census indicated that about 55% of the 3.68 million children between
the ages of five and fifteen attended primary schools or academies. Many
families could not afford to pay for their children to go to school or to spare
them from farm work.[86] Beginning in the late 1830s, more private academies
were established for girls for education past primary school, especially in
northern states. Some offered classical education similar to that offered to
boys.
Data from the indentured servant contracts of German immigrant children in
Pennsylvania from 1771–1817 show that the number of children receiving education
increased from 33.3% in 1771–1773 to 69% in 1787–1804. Additionally, the same
data showed that the ratio of school education versus home education rose from
.25 in 1771–1773 to 1.68 in 1787–1804.[87] While some African Americans managed
to achieve literacy, southern states largely prohibited schooling to blacks.
2.9 Teachers, early 1800s
Teaching young students was not an attractive career for educated people.[88]
Adults became teachers without any particular skill. Hiring was handled by the
local school board, who was mainly interested in the efficient use of limited
taxes and favored young single women from local taxpaying families. This started
to change with the introduction of two-year normal schools starting in 1823.
Normal schools increasingly provided career paths for unmarried middle-class
women. By 1900 most teachers of elementary schools in the northern states had
been trained at normal schools.[89]
2.10 One-room schoolhouses
Given the high proportion of the population in rural areas, with limited numbers
of students, most communities relied on one-room school houses. Teachers would
deal with the range of students of various ages and abilities by using the
Monitorial System, an education method that became popular on a global scale
during the early 19th century. This method was also known as "mutual
instruction" or the "Bell-Lancaster method" after the British educators Dr.
Andrew Bell and Joseph Lancaster, who each independently developed it about
1798. As older children in families would teach younger ones, the abler pupils
in these schools became 'helpers' to the teacher, and taught other students what
they had learned.[90]
2.11 Mann reforms
Upon becoming the secretary of education of Massachusetts in 1837, Horace Mann
(1796–1859) worked to create a statewide system of professional teachers, based
on the Prussian model of "common schools." Prussia was attempting to develop a
system of education by which all students were entitled to the same content in
their public classes. Mann initially focused on elementary education and on
training teachers. The common-school movement quickly gained strength across the
North. Connecticut adopted a similar system in 1849, and Massachusetts passed a
compulsory attendance law in 1852. [91],[92] Mann's crusading style attracted
wide middle-class support. Historian Ellwood P. Cubberley asserts:
No one did more than he to establish in the minds of the American people the
conception that education should be universal, non-sectarian, free, and that its
aims should be social efficiency, civic virtue, and character, rather than mere
learning or the advancement of sectarian ends.[93]
An important technique which Mann had learned in Prussia and introduced in
Massachusetts in 1848 was to place students in grades by age. They were assigned
by age to different grades and progressed through them, regardless of
differences of aptitude. In addition, he used the lecture method common in
European universities, which required students to receive instruction rather
than take an active role in instructing one another.[94] Previously, schools had
often had groups of students who ranged in age from 6 to 14 years. With the
introduction of age grading, multi-aged classrooms all but disappeared.[95] Some
students progressed with their grade and completed all courses the secondary
school had to offer. These were "graduated," and were awarded a certificate of
completion. This was increasingly done at a ceremony imitating college
graduation rituals.
Arguing that universal public education was the best way to turn the nation's
unruly children into disciplined, judicious republican citizens, Mann won
widespread approval for building public schools from modernizers, especially
among fellow Whigs. Most states adopted one version or another of the system he
established in Massachusetts, especially the program for "normal schools" to
train professional teachers.[96] This quickly developed into a widespread form
of school which later became known as the factory model school.
Free schooling was available through some of the elementary grades. Graduates of
these schools could read and write, though not always with great precision. Mary
Chesnut, a Southern diarist, mocks the North's system of free education in her
journal entry of June 3, 1862, where she derides misspelled words from the
captured letters of Union soldiers.[97]
2.12 Compulsory laws
By 1900, 34 states had compulsory schooling laws; four were in the South. Thirty
states with compulsory schooling laws required attendance until age 14 (or
higher).[98] As a result, by 1910, 72 percent of American children attended
school. Half the nation's children attended one-room schools. By 1918, every
state required students to complete elementary school.[99]
3.0 Religion and schools
As the majority of the nation was Protestant in the 19th century, most states
passed a constitutional amendment, called Blaine Amendments, forbidding tax
money be used to fund parochial schools. This was largely directed against
Catholics, as the heavy immigration from Catholic Ireland after the 1840s
aroused nativist sentiment.
There were longstanding tensions between Catholic
and Protestant believers, long associated with nation states that had
established religions. Many Protestants believed that Catholic children should
be educated in public schools in order to become American. By 1890 the Irish,
who as the first major Catholic immigrant group controlled the Church hierarchy
in the U.S., had built an extensive network of parishes and parish schools
("parochial schools") across the urban Northeast and Midwest. The Irish and
other Catholic ethnic groups intended parochial schools not only to protect
their religion, but to enhance their culture and language.[100],[101]
Catholics and German Lutherans, as well as Dutch Protestants, organized and
funded their own elementary schools. Catholic communities also raised money to
build colleges and seminaries to train teachers and religious leaders to head
their churches.[102],[103] In the 19th century, most Catholics were Irish or
German immigrants and their children; in the 1890s new waves of Catholic
immigrants began arriving from Italy and Poland. The parochial schools met some
opposition, as in the Bennett Law in Wisconsin in 1890, but they thrived and
grew. Catholic nuns served as teachers in most schools and were paid low
salaries in keeping with their vows of poverty.[104] In 1925 the U.S. Supreme
Court ruled in Pierce v. Society of Sisters that students could attend private
schools to comply with state compulsory education laws, thus giving parochial
schools an official blessing.[105]
4.0 Schools for Black students
In the early days of the Reconstruction era, the Freedmen's Bureau opened 1000
schools across the South for black children. This was essentially building on
schools that had been established in numerous large contraband camps. Freedmen
were eager for schooling for both adults and children, and the enrollments were
high and enthusiastic. Overall, the Bureau spent $5 million to set up schools
for blacks. By the end of 1865, more than 90,000 freedmen were enrolled as
students in these schools. The school curriculum resembled that of schools in
the North.[106]
Many Bureau teachers were well-educated Yankee women motivated by religion and
abolitionism. Half the teachers were southern whites; one-third were blacks, and
one-sixth were northern whites.[107] Most were women but among African
Americans, male teachers slightly outnumbered female teachers. In the South,
people were attracted to teaching because of the good salaries, at a time when
the societies were disrupted and the economy was poor.
Northern teachers were
typically funded by northern organizations and were motivated by humanitarian
goals to help the freedmen. As a group, only the black cohort showed a
commitment to racial equality; they were also the ones most likely to continue
as teachers.[108]
When the Republicans came to power in the Southern states after 1867, they
created the first system of taxpayer-funded public schools. Southern Blacks
wanted public schools for their children but they did not demand racially
integrated schools. Almost all the new public schools were segregated, apart
from a few in New Orleans. After the Republicans lost power in the mid-1870s,
conservative whites retained the public school systems but sharply cut their
funding. [109]https://en.wikipedia.org/wiki/History_of_education_in_the_United_States
- cite_note-77
Almost all private academies and colleges in the South were strictly segregated
by race.[110] The American Missionary Association supported the development and
establishment of several historically black colleges, such as Fisk University
and Shaw University. In this period, a handful of northern colleges accepted
black students. Northern denominations and their missionary associations
especially established private schools across the South to provide secondary
education.
They provided a small amount of collegiate work. Tuition was minimal,
so churches supported the colleges financially, and also subsidized the pay of
some teachers. In 1900, churches-mostly based in the North-operated 247 schools
for blacks across the South, with a budget of about $1 million. They employed
1600 teachers and taught 46,000 students.[111],[112] Prominent schools included
Howard University, a federal institution based in Washington; Fisk University in
Nashville, Atlanta University, Hampton Institute in Virginia, and many others.
Most new colleges in the 19th century were founded in northern states.
In 1890, Congress expanded the land-grant program to include federal support for
state-sponsored colleges across the South. It required states to identify
colleges for black students as well as white ones in order to get land grant
support.
Hampton Normal and Agricultural Institute was of national importance because it
set the standards for what was called industrial education.[113] Of even greater
influence was Tuskegee Normal School for Colored Teachers, led from 1881 by
Hampton alumnus Booker T. Washington. In 1900 few black students were enrolled
in college-level work; their schools had very weak faculties and facilities. The
alumni of Keithley became high school teachers.[114]
While the colleges and academies were generally coeducational, until the late
20th century, historians had taken little notice of the role of women as
students and teachers.[115]
5.0 Native American Missionary Schools
As religious revivalism swept through the United States in the early 1800s, a
growing group of evangelical Christians took on the role of missionaries. These
missionaries were, in many cases, concerned with converting non-Christians to
Christianity. Native Americans were a nearby and easy target for these
missionaries. According to the scholars Theda Perdue and Michael D. Green, these
Christian missionaries believed that the Native Americans were uncivilized, and
were in need of help from the missionaries to make them more civilized and more
like Anglo-Americans.[116]
Missionaries found great difficulty converting adults, but, according to Perdue
and Green's research, they found it much easier to convert Native American
children. To do so, missionaries often separated Native American children from
their families to live at boarding schools where the missionaries believed they
could civilize and convert them.[117] Missionary schools in the American
Southeast were first developed in 1817.[118] Perdue and Green's research has
shown that these children did not only learn the basic subjects of education
that most American children experienced, but also were taught to live and act
like Anglo-Americans.
Boys learned to farm, and girls were taught domestic
labor, and according to Perdue and Green, they were taught that Anglo-American
civilization was superior to the traditional Native American cultures that these
children came from.[119] David Brown, a Cherokee man who converted to
Christianity and promoted the conversion to Christianity of Native Americans,
went on a fundraising speaking tour to raise money for missionary societies and
their boarding schools. Brown, in his speech, described the progress that he
believed had been made in civilizing Native American children in missionary
schools. "The Indians," he claimed, "are making rapid advances toward the
standard of morality, virtue and religions."[120]
The responsibility for missionary work fell on the missionaries themselves for
the most part. While the U.S. government provided some funding for missionary
work, such as Native American Missionary Schools, the missionaries themselves
were primarily responsible for running these schools.[121] The scholar Kyle
Massey Stephens argues that the federal government acted in a supporting role in
assimilation programs like these mission schools. President James Monroe,
though, wanted the United States to increase funding and assistance with private
mission schools in their efforts to educate Native American children. According
the Stephen's work, the first missionary schools from 1817 were funded
completely by private donors.
In 1819, this changed when Congress appropriated
an annual fee of $10,000 to be given to missionary societies in addition to
their private fundraising. The United States Secretary of War at the time, John
C. Calhoun, advocated for these funds to be used towards educating Native
American children in Anglo-American culture with courses on farming and
mechanics for boys, and domestic labor for girls.[122] The Bureau of Indian
Affairs, which was founded in 1824 to handle issues related to Native Americans,
had thirty-two missionary schools that they had sanctioned in Native American
communities in its first year of existence. In these schools, 916 Native
American children were enrolled.[123]
5.1 Influence of colleges in 19th century
Summarizing the research of Burke and Hall, Katz concludes that in the 19th
century: [124]
- The nation's many small colleges helped young men make the transition
from rural farms to complex urban occupations.
- These colleges especially promoted upward mobility by preparing
ministers, and thereby provided towns across the country with a core of
community leaders.
- The more elite colleges became increasingly exclusive and contributed
relatively little to upward social mobility. By concentrating on the
offspring of wealthy families, ministers and a few others, the elite Eastern
colleges, especially Harvard, played an important role in the formation of a
Northeastern elite with great power.
5.2 the 20th Century
5.2.1 Progressive Era
The progressive era in education was part of a larger Progressive Movement,
extending from the 1890s to the 1930s. The era was notable for a dramatic
expansion in the number of schools and students served, especially in the
fast-growing metropolitan cities. After 1910, smaller cities also began building
high schools. By 1940, 50% of young adults had earned a high school
diploma.[125]
Radical historians in the 1960s, steeped in the anti-bureaucratic ethos of the
New Left, deplored the emergence of bureaucratic school systems. They argued its
purpose was to suppress the upward aspirations of the working class.[126] But
other historians have emphasized the necessity of building non-politicized
standardized systems. The reforms in St. Louis, according to historian Selwyn
Troen, were, "born of necessity as educators first confronted the problems of
managing a rapidly expanding and increasingly complex institutions." Troen found
that the bureaucratic solution removed schools from the bitterness and spite of
ward politics. Troen argues:
In the space of only a generation, public education had left behind a highly
regimented and politicized system dedicated to training children in the basic
skills of literacy and the special discipline required of urban citizens, and
had replaced it with a largely apolitical, more highly organized and efficient
structure specifically designed to teach students the many specialized skills
demanded in a modern, industrial society. In terms of programs this entailed the
introduction of vocational instruction, a doubling of the period of schooling,
and a broader concern for the welfare of urban youth.[127]
The social elite in many cities in the 1890s led the reform movement. Their goal
was to permanently end political party control of the local schools for the
benefit of patronage jobs and construction contracts, which had arisen out of
ward politics that absorbed and taught the millions of new immigrants. New York
City elite led progressive reforms. Reformers installed a bureaucratic system
run by experts, and demanded expertise from prospective teachers.
The reforms
opened the way for hiring more Irish Catholic and Jewish teachers, who proved
adept at handling the civil service tests and gaining the necessary academic
credentials[128]. Before the reforms, schools had often been used as a means to
provide patronage jobs for party foot soldiers. The new emphasis concentrated on
broadening opportunities for the students. New programs were established for the
physically handicapped; evening recreation centers were set up; vocational
schools were opened; medical inspections became routine; programs began to teach
English as a second language; and school libraries were opened.[129]
5.3 Dewey and progressive education
The leading educational theorist of the era was John Dewey (1859–1952), a
philosophy professor at the University of Chicago (1894–1904) and at Teachers
College (1904 to 1930), of Columbia University in New York City.[130] Dewey was
a leading proponent of "Progressive Education" and wrote many books and articles
to promote the central role of democracy in education.[131] He believed that
schools were not only a place for students to gain content knowledge, but also
as a place for them to learn how to live. The purpose of education was thus to
realize the student's full potential and the ability to use those skills for the
greater good.
Dewey noted that, "to prepare him for the future life means to give him command
of him; it means so to train him that he will have the full and ready use of all
his capacities." Dewey insisted that education and schooling are instrumental in
creating social change and reform. He noted that "education is a regulation of
the process of coming to share in the social consciousness; and that the
adjustment of individual activity on the basis of this social consciousness is
the only sure method of social reconstruction.".[132] Although Dewey's ideas
were very widely discussed, they were implemented chiefly in small experimental
schools attached to colleges of education. In the public schools, Dewey and the
other progressive theorists encountered a highly bureaucratic system of school
administration that was typically not receptive to new methods.[133]
Dewey viewed public schools and their narrow-mindedness with disdain and as
undemocratic and close minded. Meanwhile, laboratory schools, such as the
University of Chicago Laboratory Schools, were much more open to original
thought and experimentation. Not only was Dewey involved with laboratory
schools, but he was also deeply involved with the emerging philosophy of
pragmatism, which he incorporated within his laboratory schools.
Dewey viewed
pragmatism critical for the growth of democracy, which Dewey did not view as
just a form of government, but something that occurred within the workings of
the laboratory schools as well as everyday life. Dewey utilized the laboratory
schools as an experimental platform for his theories on pragmatism, democracy,
as well as how humans learned.[134]
5.4 Black education
Booker T. Washington was the dominant black political and educational leader in
the United States from the 1890s until his death in 1915. Washington not only
led his own college, Tuskegee Institute in Alabama, but his advice, political
support, and financial connections proved important to many other black colleges
and high schools, which were primarily located in the South. This was the center
of the black population until after the Great Migration of the first half of the
20th century.
Washington was a respected advisor to major philanthropies, such
as the Rockefeller, Rosenwald and Jeanes foundations, which provided funding for
leading black schools and colleges. The Rosenwald Foundation provided matching
funds for the construction of schools for rural black students in the South.
Washington explained, "We need not only the industrial school, but the college
and professional school as well, for a people so largely segregated, as we are.
Our teachers, ministers, lawyers and doctors will prosper just in proportion as
they have about them an intelligent and skillful producing class."[135]
Washington was a strong advocate of progressive reforms as advocated by Dewey,
emphasizing scientific, industrial and agricultural education that produced a
base for lifelong learning, and enabled careers for many black teachers,
professionals, and upwardly mobile workers. He tried to adapt to the system and
did not support political protests against the segregated Jim Crow system.[136]
At the same time, Washington used his network to provide important funding to
support numerous legal challenges by the NAACP against the systems of
disenfranchisement which southern legislatures had passed at the turn of the
century, effectively excluding blacks from politics for decades into the 1960s.
5.5 Great Depression and New Deal: 1929-39
Public schools across the country were badly hurt by the Great Depression, as
tax revenues fell in local and state governments shifted funding to relief
projects. Budgets were slashed, and teachers went unpaid. During the New Deal,
1933–39, President Franklin Roosevelt and his advisers were hostile to the
elitism shown by the educational establishment. They refused all pleas for
direct federal help to public or private schools or universities.
They rejected
proposals for federal funding for research at universities. But they did help
poor students, and the major New Deal relief programs built many schools
buildings as requested by local governments.[137] The New Deal approach to
education was a radical departure from educational best practices. It was
specifically designed for the poor and staffed largely by women on relief. It
was not based on professionalism, nor was it designed by experts. Instead it was
premised on the anti-elitist notion that a good teacher does not need paper
credentials, that learning does not need a formal classroom and that the highest
priority should go to the bottom tier of society.
Leaders in the public schools
were shocked:
They were shut out as consultants and as recipients of New Deal
funding. They desperately needed cash to cover the local and state revenues that
had disappeared during the depression, they were well organized, and made
repeated concerted efforts in 1934, 1937, and 1939, all to no avail. The
conservative Republican establishment headed collaborated with for so long was
out of power and Roosevelt himself was the leader in anti-elitism. The federal
government had a highly professional Office of Education; Roosevelt cut its
budget and staff, and refused to consult with its leader John Ward
Studebaker.[138] The Civilian Conservation Corps (CCC) programs were
deliberately designed to not teach skills that would put them in competition
with unemployed union members. The CCC did have its own classes. They were
voluntary, took place after work, and focused on teaching basic literacy to
young men who had quit school before high school.[139]
The relief programs did offer indirect help. The Civil Works Administration (CWA)
and Federal Emergency Relief Administration (FERA) focused on hiring unemployed
people on relief, and putting them to work on public buildings, including public
schools. It built or upgraded 40,000 schools, plus thousands of playgrounds and
athletic fields. It gave jobs to 50,000 teachers to keep rural schools open and
to teach adult education classes in the cities. It gave a temporary jobs to
unemployed teachers in cities like Boston. [140],[141] Although the New Deal
refused to give money to impoverished school districts, it did give money to
impoverished high school and college students. The CWA used "work study"
programs to fund students, both male and female.[142]
The National Youth Administration (NYA), a semi-autonomous branch of the Works
Progress Administration (WPA) under Aubrey Williams developed apprenticeship
programs and residential camps specializing in teaching vocational skills. It
was one of the first agencies to set up a "Division of Negro Affairs" and make
an explicit effort to enroll black students. Williams believed that the
traditional high school curricula had failed to meet the needs of the poorest
youth.
In opposition, the well-established National Education Association (NEA)
saw NYA as a dangerous challenge to local control of education NYA expanded
Work-study money to reach up to 500,000 students per month in high schools,
colleges, and graduate schools. The average pay was $15 a month. [143],[144]
However, in line with the anti-elitist policy, the NYA set up its own high
schools, entirely separate from the public school system or academic schools of
education. [145],[146] Despite appeals from Ickes and Eleanor Roosevelt, Howard
University–the federally operated school for blacks-saw its budget cut below
Hoover administration levels.[147]
5.6 Higher education
At the beginning of the 20th century, fewer than 1,000 colleges with 160,000
students existed in the United States. Explosive growth in the number of
colleges occurred at the end of the 19th and early 20th centuries, supported in
part by Congress' land grant programs. Philanthropists endowed many of these
institutions. For example, wealthy philanthropists established Johns Hopkins
University, Stanford University, Carnegie Mellon University, Vanderbilt
University and Duke University; John D. Rockefeller funded the University of
Chicago without imposing his name on it.[148]
5.7 Education after 1945
In mid-20th century America, there was intense interest in using institutions to
support the innate creativity of children. It helped reshape children's play,
the design of suburban homes, schools, parks, and museums.[149] Producers of
children's television programming worked to spark creativity. Educational toys
proliferated that were designed to teach skills or develop abilities. For
schools there was a new emphasis on arts as well as science in the curriculum.
School buildings no longer were monumental testimonies to urban wealth; they
were redesigned with the students in mind.[150]
The emphasis on creativity was reversed in the 1980s, as public policy
emphasized test scores, school principals were forced to downplay art, drama,
music, history and anything that was not being scored on standardized tests,
lest their school be labelled "failing" by the quantifiers behind the "No Child
Left Behind Act.[151],[152]
5.8 Elementary and Secondary Education Act of 1965
The Elementary and Secondary Education Act (ESEA) was a cornerstone of President
Lyndon B. Johnson's "War on Poverty" (McLaughlin, 1975)[153]. This law brought
education into the forefront of the national assault on poverty and represented
a landmark commitment to equal access to quality education (Jeffrey, 1978)[154].
ESEA is an extensive statute that funds primary and secondary education,
emphasizing high standards and accountability.
As mandated in the act, funds are
authorized for professional development, instructional materials, resources to
support educational programs, and the promotion of parental involvement. The act
was signed into law on April 9, 1965 and its appropriations were to be carried
out for five fiscal years. The government has reauthorized the act every five
years since its enactment.[155]
5.9 the 14th Amendment to the U.S. Constitution
The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted
citizenship to "all persons born or naturalized in the United States," which
included former slaves recently freed. In addition, it forbids states from
denying any person "life, liberty or property, without due process of law" or to
"deny to any person within its jurisdiction the equal protection of the laws."
By directly mentioning the role of the states, the 14th Amendment greatly
expanded the protection of civil rights to all Americans and is cited in more
litigation than any other amendment.
While education may not be a "fundamental right" under the Constitution, the
equal protection clause of the 14th Amendment requires that when a state
establishes a public school system, no child living in that state may be denied
equal access to schooling. The Equal Protection Clause of the 14th Amendment
provides that a state may not "deny to any person within its jurisdiction the
equal protection of the laws." It applies to public elementary and secondary
schools, as they are considered to be state actors.
Due process is another area of the 14th Amendment that has had a dramatic impact
on individual rights in public education. The Due Process Clause says that
states may not "deprive any person of life, liberty, or property, without due
process of law." The Supreme Court has interpreted this clause to have
substantive and procedural protections. With substantive due process, the 14th
Amendment protects a parent's right to direct the educational upbringing of
their child. Because of this right, the Supreme Court ruled that a state statute
that prohibited the teaching of foreign language, and a state statute that
required all students to attend public schools, as opposed to private schools,
violated the 14th Amendment.
5.10 Inequality
The Coleman Report, by University of Chicago sociology professor James Coleman
proved especially controversial in 1966. Based on massive statistical data, the
1966 report titled "Equality of Educational Opportunity" fueled debate about
"school effects" that has continued since.[156] The report was widely seen as
evidence that school funding has little effect on student final achievement. A
more precise reading of the Coleman Report is that student background and
socioeconomic status are much more important in determining educational outcomes
than are measured differences in school resources (i.e. per pupil spending).
Coleman found that, on average, black schools were funded on a nearly equal
basis by the 1960s, and that black students benefited from racially mixed
classrooms.[157],[158]
The comparative quality of education among rich and poor districts is still
often the subject of dispute. While middle-class African-American children have
made good progress; poor minorities have struggled. With school systems based on
property taxes, there are wide disparities in funding between wealthy suburbs or
districts, and often poor, inner-city areas or small towns. "De facto
segregation" has been difficult to overcome as residential neighborhoods have
remained more segregated than workplaces or public facilities. Racial
segregation has not been the only factor in inequities. Residents in New
Hampshire challenged property tax funding because of steep contrasts between
education funds in wealthy and poorer areas. They filed lawsuits to seek a
system to provide more equal funding of school systems across the state.
Some scholars believe that transformation of the Pell Grant program to a loan
program in the early 1980s has caused an increase in the gap between the growth
rates of white, Asian-American and African-American college graduates since the
1970s.[159] Others believe the issue is increasingly related more to class and
family capacity than ethnicity. Some school systems have used economics to
create a different way to identify populations in need of supplemental help.
5.11 Special education
In 1975 Congress passed Public Law 94-142, Education for All Handicapped
Children Act. One of the most comprehensive laws in the history of education in
the United States, this Act brought together several pieces of state and federal
legislation, making free, appropriate education available to all eligible
students with a disability.[160] The law was amended in 1986 to extend its
coverage to include younger children.[161] In 1990 the Individuals with
Disabilities Education Act (IDEA) extended its definitions and changed the label
"handicap" to "disabilities". Further procedural changes were amended to IDEA in
1997.[162]
5.12 Reform efforts in the 1980s
In 1983, the National Commission on Excellence in Education released a report
titled A Nation at Risk. Soon afterward, conservatives were calling for an
increase in academic rigor including an increase in the number of school days
per year, longer school days and higher testing standards. English scholar E.D.
Hirsch made an influential attack on progressive education, advocating an
emphasis on "cultural literacy"-the facts, phrases, and texts that Hirsch
asserted are essential for decoding basic texts and maintaining communication.
Hirsch's ideas remain influential in conservative circles into the 21st century.
Hirsch's ideas have been controversial because as Edwards argues:
Opponents from the political left generally accuse Hirsch of elitism. Worse yet
in their minds, Hirsch's assertion might lead to a rejection of toleration,
pluralism, and relativism. On the political right, Hirsch has been assailed as
totalitarian, for his idea lends itself to turning over curriculum selection to
federal authorities and thereby eliminating the time-honored American tradition
of locally controlled schools.[163]
By 1990, the United States spent 2 percent of its budget on education, compared
with 30 percent on support for the elderly.[164]
5.13 The 21st Century
5.13.1 Policy since 2000
"No Child Left Behind" was a major national law passed by a bipartisan coalition
in Congress in 2002, marked a new direction. In exchange for more federal aid,
the states were required to measure progress and punish schools that were not
meeting the goals as measured by standardized state exams in math and language
skills.[165],[166],[167] By 2012, half the states were given waivers because the
original goal that 100% students by 2014 be deemed "proficient" had proven
unrealistic.[168]
By 2012, 45 states had dropped the requirement to teach cursive writing from the
curriculum. Few schools start the school day by singing the national anthem, as
was once done. Few schools have mandatory recess for children. Educators are
trying to reinstate recess. Few schools have mandatory arts class. Continuing
reports of a student's progress can be found online, supplementing the former
method of periodic report cards.[169]
By 2015, criticisms from a broad range of political ideologies had cumulated so
far that a bipartisan Congress stripped away all the national features of No
Child Left Behind, turning the remnants over to the states.[170]
Beginning in the 1980s, government, educators, and major employers issued a
series of reports identifying key skills and implementation strategies to steer
students and workers towards meeting the demands of the changing and
increasingly digital workplace and society. 21st century skills are a series of
higher-order skills, abilities, and learning dispositions that have been
identified as being required for success in 21st century society and workplaces
by educators, business leaders, academics, and governmental agencies.
Many of
these skills are also associated with deeper learning, including analytic
reasoning, complex problem solving, and teamwork, compared to traditional
knowledge-based academic skills.[171],[172],[173] Many schools and school
districts are adjusting learning environments, curricula, and learning spaces to
include and support more active learning (such as experiential learning) to
foster deeper learning and the development of 21st century skills.
5.14 Race to the Top:
On June 24, 2009, President Barack Obama and Secretary of Education Arne Duncan
announced a $4.35 billion competitive grant fund named the Race to the Top Fund.
The competition, created by the U.S. Department of Education, was created to
promote innovation and improve achievement in state and local K-12 education.
The program was funded by the ED Recovery Act, a part of the American Recovery
and Reinvestment Act. States were awarded funds for achieving performance
standards, implementing reforms, complying with Common Core standards, building
comprehensive data systems and turning around low performing schools. The goal
for this plan was to provide incentives for effective reform efforts and reward
states and districts for implementing these reforms.
To become eligible, states
needed to satisfy a "Common Core" of achievement standards. States proposed
sweeping reform objectives and then submitted grant proposals for programs they
believed would achieve the objectives outlined. Proposals were measured against
scoring criteria, and grants were awarded.
The Department of Education then
measured states' progress towards their target objectives as the grant renewal
process proceeded. Several states were unable to meet proposed targets in Race
to the Top funded programs. As a result, grant allocation slowed significantly
after three initial rounds. In 2012, President Obama announced a $400 million
expansion of the program--the Race to the Top District competition--in which
school districts, rather than state school systems, may apply for Race to the
Top program grants.[174],[175],[176]
5.15 Common Core:
The Common Core State Standards Initiative is an American education initiative
that outlines quantifiable benchmarks in English and mathematics at each grade
level from kindergarten through high school. These benchmarks were developed by
a working group assembled by the National Governors Association and the Council
of Chief State School Officers in 2008 through 2009.
Common Core standards have
drawn attention since their finalization in 2009 among groups concerned about
several different elements included in the reforms, including the impact of
standardized testing on academic achievement. A total of 43 states have approved
Common Core standards as of June 20, 2014. Alaska, Nebraska, Texas and Virginia
have not adopted the standards. Indiana, Oklahoma and South Carolina adopted the
Common Core standards but repealed them in 2014. Minnesota has only adopted the
English-language arts requirements from the Common Core standards
5.16 Online learning:
Online learning is a rapidly expanding type of education not only in the United
States, but throughout the world. Although the first virtual classroom was an
experiment that used closed circuit television and an early computer network,
online education has improved alongside technology. Courses taught in a studio
or college in New England can be viewed or taken by students around the world.
Students in elementary or secondary schools can take online courses through
their districts or virtual charter schools.
Critics assert that learning online
is a poor substitute for classic instruction while proponents insist that the
difference in education quality is negligible at its worst and improving
gradually. Regardless, the National Center for Education Statistics reported
that around 5.5 million college students took at least one online class in 2012.
This data only accounts for a small number of students who participate in online
education, as students of all ages and from anywhere in the world can
potentially take classes online.[177],[178],[179]
The United States has signed but not ratified the CRC. As a result, children's
rights have not been systematically implemented in the U.S. Children are
generally afforded the basic rights embodied by the Constitution, as enshrined
by the Fourteenth Amendment to the United States Constitution. The Equal
Protection Clause of that amendment is to apply to children, born within a
marriage or not, but excludes children not yet born.[180] This was reinforced by
the landmark US Supreme Court decision of In re Gault (1967).
In this trial
15-year-old Gerald Gault of Arizona was taken into custody by local police after
being accused of making an obscene telephone call. He was detained and committed
to the Arizona State Industrial School until he reached the age of 21 for making
an obscene phone call to an adult neighbor. In an 8–1 decision, the Court ruled
that in hearings which could result in commitment to an institution, people
under the age of 18 have the right to notice and counsel, to question witnesses,
and to protection against self-incrimination. The Court found that the
procedures used in Gault's hearing met none of these requirements.[181]
The United States Supreme Court ruled in the case of Tinker v. Des Moines
Independent Community School District (1969) that students in school have
Constitutional rights.[182]
The United States Supreme Court has ruled in the case of Roper v. Simmons that
persons may not be executed for crimes committed when below the age of eighteen.
It ruled that such executions are cruel and unusual punishment, so they are a
violation of the Eighth Amendment to the United States Constitution.[183]
- Education Systme in Germany
is primarily the responsibility of individual German states (Länder), with the
federal government playing a minor role. Optional Kindergarten (nursery school)
education is provided for all children between one and six years old, after
which school attendance is compulsory.[184] The system varies throughout Germany
because each state (Land) decides its own educational policies. Most children,
however, first attend Grundschule (primary or elementary school) for 4 years
from the age of 6 to 9.
Germany's secondary education is separated into two parts, lower and upper.
Lower-secondary education in Germany is meant to teach individuals basic general
education and gets them ready to enter upper-secondary education. In the upper
secondary level Germany has a vast variety of vocational programs.
German secondary education includes five types of school. The Gymnasium is
designed to prepare pupils for higher education and finishes with the final
examination Abitur, after grade 13. From 2005 to 2018 a school reform known as
G8 provided the Abitur in 8 school years. The reform failed due to high demands
on learning levels for the children and were turned to G9 in 2019. Only a few
Gymnasiums stay with the G8 model. Children attend usually Gymnasium from 10 to
18 years.
The Realschule has a broader range of emphasis for intermediate pupils
and finishes with the final examination Mittlere Reife, after grade 10; the
Hauptschule prepares pupils for vocational education and finishes with the final
examination Hauptschulabschluss, after grade 9 and the Realschulabschluss after
grade 10. There are two types of grade 10: one is the higher level called type
10b and the lower level is called type 10a; only the higher-level type 10b can
lead to the Realschule and this finishes with the final examination Mittlere
Reife after grade 10b. This new path of achieving the Realschulabschluss at a
vocationally oriented secondary school was changed by the statutory school
regulations in 1981 – with a one-year qualifying period. During the one-year
qualifying period of the change to the new regulations, pupils could continue
with class 10 to fulfil the statutory period of education. After 1982, the new
path was compulsory, as explained above.
The format of secondary vocational education is put into a way to get
individuals to learn high skills for a specific profession. "Most of Germany
highly skilled workforce has gone through the dual system of vocational
education and training also known as V.E.T. (Vocational Education and Training
System)".[185] Many Germans participate in the V.E.T. programs. These V.E.T.
programs are partnered with about 430,000 companies, and about 80 percent of
those companies hire individuals from those apprenticeship programs to get a
full-time job.[186] This educational system is very encouraging to young
individuals because they are able to actively see the fruit of their loom. The
education system is encouraging to individuals because they know that most
likely a job will be waiting for them when they are done with school. The skills
that are gained through these V.E.T. programs are not easily transferable and
once a company commits to an employee that came out of these vocational schools,
they have a commitment to each other.[187] Germany's V.E.T. programs prove that
a college degree is not necessary for a good job and that training individuals
for specific jobs could be successful as well.[188]
Other than this, there is the Gesamtschule, which combines the Hauptschule,
Realschule and Gymnasium. There are also Förder- or Sonderschulen. One in 21
pupils attends a Förderschule.[189],[190],[191] Nevertheless, the Förder- or
Sonderschulen can also lead, in special circumstances, to a Hauptschulabschluss
of both type 10a or type 10b, the latter of which is the Realschulabschluss. The
amount of extracurricular activity is determined individually by each school and
varies greatly. With the 2015 school reform the German government tries to push
more of those pupils into other schools, which is known as Inklusion. Many of
Germany's hundred or so institutions of higher learning charge little or no
tuition by international comparison.[192] Students usually must prove through
examinations that they are qualified.
A special system of apprenticeship called Duale Ausbildung allows pupils on
vocational courses to do in-service training in a company as well as at a state
school.[193]
5.17 Prussian
Historically, Lutheranism had a strong influence on German culture, including
its education. Martin Luther advocated compulsory schooling so that all people
would independently be able to read and interpret the Bible. This concept became
a model for schools throughout Germany. German public schools generally have
religious education provided by the churches in cooperation with the state ever
since.
During the 18th century, the Kingdom of Prussia was among the first countries in
the world to introduce free and generally compulsory primary education,
consisting of an eight-year course of basic education, Volksschule. It provided
not only the skills needed in an early industrialized world (reading, writing,
and arithmetic) but also a strict education in ethics, duty, discipline and
obedience. Children of affluent parents often went on to attend preparatory
private schools for an additional four years, but the general population had
virtually no access to secondary education and universities.
In 1810, after the Napoleonic wars, Prussia introduced state certification
requirements for teachers, which significantly raised the standard of teaching.
The final examination, Abitur, was introduced in 1788, implemented in all
Prussian secondary schools by 1812 and extended to all of Germany in 1871. The
state also established teacher training colleges for prospective teachers in the
common or elementary grades.
5.18 German Empire
When the German Empire was formed in 1871, the school system became more
centralized. In 1872, Prussia recognized the first separate secondary schools
for females.[194] As learned professions demanded well-educated young people,
more secondary schools were established, and the state claimed the sole right to
set standards and to supervise the newly established schools.
Four different types of secondary schools developed:
- A nine-year classical Gymnasium (including study of Latin and Classical
Greek or Hebrew, plus one modern language
- A nine-year Realgymnasium (focusing on Latin, modern languages, science and
mathematics);
- A six-year Realschule (without university entrance qualification, but with the
option of becoming a trainee in one of the modern industrial, office or
technical jobs); and
- A nine-year Oberrealschule (focusing on modern languages, science and
mathematics).
By the turn of the 20th century, the four types of schools had achieved equal
rank and privilege, although they did not have equal prestige.
5.19 Weimar Republic
After World War I, the Weimar Republic established a free, universal four-year
elementary school (Grundschule). Most pupils continued at these schools for
another four-year course. Those who were able to pay a small fee went on to a
Mittelschule that provided a more challenging curriculum for an additional one
or two years. Upon passing a rigorous entrance exam after year four, pupils
could also enter one of the four types of secondary school.
5.20 Nazi Germany
During the Nazi era (1933–1945), the basic education system remained
unchanged.[195]
5.21 East Germany
The German Democratic Republic (East Germany) started its own standardized
education system in the 1960s. The East German equivalent of both primary and
secondary schools was the Polytechnic Secondary School (Polytechnische
Oberschule), which all students attended for 10 years, from the ages of 6 to 16.
At the end of the 10th year, an exit examination was set. Depending upon the
results, a pupil could choose to come out of education or undertake an
apprenticeship for an additional two years, followed by an Abitur. Those who
performed very well and displayed loyalty to the ruling party could change to
the Erweiterte Oberschule (extended high school), where they could take their
Abitur examinations after 12 school years. Although this system was abolished in
the early 1990s after reunification, it continues to influence school life in
the eastern German states.[196]
5.22 West Germany
Since the 1990s, a few changes have been taking place in many schools:
- Introduction of bilingual education in some subjects
- Experimentation with different styles of teaching
- Equipping all schools with computers and Internet access
- Creation of local school philosophy and teaching goals ("Schulprogramm"), to
be evaluated regularly
- Reduction of Gymnasium school years (Abitur after grade 12) and introduction
of afternoon periods as in many other western countries (turned down in 2019)
In 2000 after much public debate about Germany's perceived low international
ranking in Programme for International Student Assessment (PISA), there has been
a trend towards a less ideological discussion on how to develop schools.
These
are some of the new trends:
- Establishing federal standards on quality of teaching
- More practical orientation in teacher training
- Transfer of some responsibility from the Ministry of Education to
local school
5.23 Further outcomes
· bilingual education is now a mandatory English lessons in Grundschule
· The educational act (Bildungspakt) in 2019 should rise the internet and
computer skill level of the schools
5.24 Overview
In Germany, education is the responsibility of the states (Länder) and part of
their constitutional sovereignty (Kulturhoheit der Länder). Teachers are
employed by the Ministry of Education for the state and usually have a job for
life after a certain period (verbeamtet) (which, however, is not comparable in
timeframe nor competitiveness to the typical tenure track, e.g. at universities
in the US).[197] This practice depends on the state and is currently changing. A
parents' council is elected to voice the parents' views to the school's
administration. Each class elects one or two "Klassensprecher" (class
presidents; if two are elected usually one is male and the other female), who
meet several times a year as the "Schülerrat" (students' council).
A team of school presidents is also elected by the pupils each year, whose main
purpose is organizing school parties, sports tournaments and the like for their
fellow students. The local town is responsible for the school building and
employs the janitorial and secretarial staff. For an average school of 600 – 800
students, there may be two janitors and one secretary. School administration is
the responsibility of the teachers, who receive a reduction in their teaching
hours if they participate.
Church and state are separated in Germany. Compulsory school prayers and
compulsory attendance at religious services at state schools are against the
constitution. (It is expected, though, to stand politely for the school prayer
even if one does not pray along.) In 1995, it was ruled that the Christian cross
was not allowed in classrooms, as it violates the religious freedom of
non-Christian students. The cross is allowed if none of the pupils object, but
must be removed in the event of an objection.[198] Some German states have
banned teachers from wearing headscarves.
5.25 Literacy
Over 99% of Germans aged 15 and above are estimated to be able to read and
write.[199]
5.25.1 Pre-School
The German preschool is known as a Kindergarten (plural Kindergärten) or Kita,
short for Kindertagesstätte (meaning "children's daycare center"). Children
between the ages of 2 and 6 attend Kindergärten, which are not part of the
school system. They are often run by city or town administrations, churches, or
registered societies, many of which follow a certain educational approach as
represented, e.g., by Montessori or Reggio Emilia or "Berliner Bildungsprogramm",
etc. Forest kindergartens are well established. Attending a Kindergarten is
neither mandatory nor free of charge, but can be partly or wholly funded,
depending on the local authority and the income of the parents. All caretakers
in Kita or Kindergarten must have a three-year qualified education, or be under
special supervision during training.
Kindergärten can be open from 7 a.m. to 5 p.m. or longer and may also house a
Kinderkrippe, meaning crèche, for children between the ages of eight weeks and
three years, and possibly an afternoon Hort (often associated with a primary
school) for school-age children aged 6 to 10 who spend the time after their
lessons there. Alongside nurseries, there are day-care nurses (called
Tagesmutter, plural Tagesmütter – the formal, gender-neutral form is
Tagespflegeperson(en)) working independently from any pre-school institution in
individual homes and looking after only three to five children typically up to
three years of age. These nurses are supported and supervised by local
authorities.
The term Vorschule, meaning 'pre-school', is used both for educational efforts
in Kindergärten and for a mandatory class that is usually connected to a primary
school. Both systems are handled differently in each German state. The
Schulkindergarten is a type of Vorschule.
During the German Empire, children were able to pass directly into secondary
education after attending a privately run, charged "Vorschule" which then was
another sort of primary school. The Weimar Constitution banned these, feeling
them to be an unjustified privilege, and the Basic Law still contains the
constitutional rule (Art. 7 Sect. VI) that: Pre-schools shall remain abolished.
5.26 Homeschooling
Homeschooling is – between Schulpflicht beginning with elementary school to 18
years – illegal in Germany. The illegality has to do with the prioritization of
children's rights over the rights of parents: children have the right to the
company of other children and adults who are not their parents, also parents
cannot opt their kids out of sexual education classes because the state
considers a child's right to information to be more important than a parent's
desire to withhold it.[200]
5.27 Primary Education
Parents looking for a suitable school for their child have a wide choice of
elementary schools
· State school. State schools do not charge tuition fees. The majority of pupils
attend state schools in their neighbourhood. Schools in affluent areas tend to
be better than those in deprived areas. Once children reach school age, many
middle-class and working-class families move away from deprived areas.
- or, alternatively
- Waldorf school (2,006 schools in 2007) (covers grades from 1–13)
- Montessori method school (272)
- Freie Alternativschule (free alternative school) (85[201])
- Protestant (63) or Catholic (114) parochial schools
The entry year can vary between 5 and 7, while stepping back or skipping a grade
is also possible.
5.28 Secondary Education
After children complete their primary education (at 10 years of age, 12 in
Berlin and Brandenburg), there are five options for secondary schooling:
- Gymnasium (grammar school) until grade 12 or 13 (with Abitur as exit exam,
qualifying for university); and
- Fachoberschule admission after grade ten until grade twelve (with
Fachhochschulreife (between Abitur and Realschulabschluss) as exit exam) it is
also possible to leave after grade thirteen and get either the "fachgebundene
Abitur" (if you haven't learned a language besides English) or get the "Abitur"
(with a second language on European level B1);
- Realschule until grade ten (with Mittlere Reife (Realschulabschluss) as exit
exam);
- Mittelschule (the least academic, much like a modernized Volksschule
[elementary school]) until grade nine (with Hauptschulabschluss and in some
cases Mittlere Reife = Realschulabschuss as exit exam); in some federal states
the Hauptschule does not exist and pupils are mainstreamed into a Mittelschule
or Regionale Schule instead.
- Gesamtschule (comprehensive school)
- After passing through any of the above schools, pupils can start a
career with an apprenticeship in the Berufsschule (vocational school). The Berufsschule
is normally attended twice a week during a two, three, or three-and-a-half-year
apprenticeship; the other days are spent working at a company.
This is intended
to provide a knowledge of theory and practice. The company is obliged to accept
the apprentice on its apprenticeship scheme. After this, the apprentice is
registered on a list at the Industrie- und Handelskammer IHK (chamber of
industry and commerce). During the apprenticeship, the apprentice is a part-time
salaried employee of the company.
After passing the Berufsschule and the exit
exams of the IHK, a certificate is awarded and the young person is ready for a
career up to a low management level. In some areas, the schemes teach certain
skills that are a legal requirement (special positions in a bank, legal
assistants).
- Some special areas provide different paths. After attending any of
the above schools and gaining a leaving certificate like Hauptschulabschluss, Mittlere
Reife (or Realschulabschuss, from a Realschule) or Abitur from a Gymnasium or a
Gesamtschule, school leavers can start a career with an apprenticeship at a
Berufsschule (vocational school). Here the student is registered with certain
bodies, e.g. associations such as the German Bar Association Deutsche
Rechtsanwaltskammer GBA (board of directors).
During the apprenticeship, the
young person is a part-time salaried employee of the institution, bank,
physician or attorney's office. After leaving the Berufsfachschule and passing
the exit examinations set by the German Bar Association or other relevant
associations, the apprentice receives a certificate and is ready for a career at
all levels except in positions which require a specific higher degree, such as a
doctorate. In some areas, the apprenticeship scheme teaches skills that are
required by law, including certain positions in a bank or those as legal
assistants.
The 16 states have exclusive responsibility in the field of
education and professional education. The federal parliament and the federal
government can influence the educational system only by financial aid to the
states. There are many different school systems, but in each state the starting
point is always the Grundschule (elementary school) for a period of four years;
or six years in the case of Berlin and Brandenburg.
Grades 5 and 6 form an orientation or testing phase (Orientierungs- or
Erprobungsstufe) during which students, their parents and teachers decide which
of the above-mentioned paths the students should follow. In all states except
Berlin and Brandenburg, this orientation phase is embedded into the program of
the secondary schools. The decision for a secondary school influences the
student's future, but during this phase changes can be made more easily. In
practice this rarely comes to bear because teachers are afraid of sending pupils
to more academic schools whereas parents are afraid of sending their children to
less academic schools.
In Berlin and Brandenburg, the orientation is embedded
into that of the elementary schools. Teachers give a so-called educational
(path) recommendation (Bildungs(gang)empfehlung) based on scholastic
achievements in the main subjects (mathematics, German, natural sciences,
foreign language) and classroom behavior with details and legal implications
differing from state to state: in some German states, those wishing to apply for
a Gymnasium or Realschule require such a recommendation stating that the student
is likely to make a successful transition to that type of school; in other cases
anybody may apply. In Berlin 30% – 35% of Gymnasium places are allocated by
lottery.
A student's performance at primary school is immaterial.[citation
needed] While the entry year is depending on the last year in the Grundschule
stepping back or skipping a grade is possible between 7th and 10th grade and
only stepping back between 5th and 6th grade (so called Erprobungsstufe, meaning
testing grade) and 11th and 12th grade.
The eastern states Saxony, Saxony-Anhalt and Thuringia combine Hauptschule and
Realschule as Sekundarschule, Mittelschule and Regelschule respectively. All
German states have Gymnasium as one possibility for the more able children, and
all states – except Saxony – have some Gesamtschulen, but in different forms.
The states of Berlin and Hamburg have only two types of schools: comprehensive
schools and Gymnasium.
Learning a foreign language is compulsory throughout Germany in secondary
schools and English is one of the more popular choices. Students at certain
Gymnasium are required to learn Latin as their first foreign language and choose
a second foreign language. The list of available foreign languages as well as
the hours of compulsory foreign language lessons differ from state to state, but
the more common choices, besides Latin, are English, French, Spanish, ancient
Greek. Many schools also offer voluntary study groups for the purpose of
learning other languages. At which stage students begin learning a foreign
language differs from state to state and is tailored according to the cultural
and socio-economical dynamics of each state. In some states, foreign language
education starts in the Grundschule (primary school). For example, in North
Rhine-Westphalia and Lower Saxony, English starts in the third year of
elementary school. Baden-Württemberg starts with English or French in the first
year. The Saarland, which borders France, begins with French in the third year
of primary school and French is taught in high school as the main foreign
language.
It may cause problems in terms of education for families that plan to move from
one German state to another as there are partially completely different
curricula for nearly every subject.
Pupils of the Realschule gaining the chance to make Abitur on a Gymnasium with a
good degree in the Realschulabschluss. Stepping up is always provided by the
school system. Adults who did not achieve a Realschulabschluss or Abitur, or
reached its equivalent, have the option of attending evening classes at an
Abendgymnasium or Abendrealschule.
5.29 Tertiary Education
Germany's universities are recognised internationally; in the Academic Ranking
of World Universities (ARWU) for 2008, six of the top 100 universities in the
world are in Germany, and 18 of the top 200.[202] Germany ranks third in the QS
World University Rankings 2011.[203]
Most German universities are public institutions, charging fees of only around
€60–200 per semester for each student, usually to cover expenses associated with
the university cafeterias and (usually mandatory) public transport
tickets.[204],[205] Thus, academic education is open to most citizens and
studying is very common in Germany. The dual education system combines both
practical and theoretical education but does not lead to academic degrees. It is
more popular in Germany than anywhere else in the world and is a role model for
other countries.[206]
The oldest universities of Germany are also among the oldest and best regarded
in the world, with Heidelberg University being the oldest (established in 1386
and in continuous operation since then). It is followed by Cologne University
(1388), Leipzig University (1409), Rostock University (1419), Greifswald
University (1456), Freiburg University (1457), LMU Munich (1472) and the
University of Tübingen (1477).
While German universities have a strong focus on research, a large part of it is
also done outside of universities in independent institutes that are embedded in
academic clusters, such as within the Max Planck, Fraunhofer, Leibniz and
Helmholtz institutes. This German peculiarity of "outsourcing" research leads to
a competition for funds between universities and research institutes and may
negatively affect academic rankings.
5.29.1 Figures for Germany are roughly:
- 1,000,000 new students at all schools put together for one year
- 400,000 Abitur graduations
- 30,000 doctoral dissertations per year
- 1000 habilitations per year (the traditional way to qualify as a
professor, but typically postdoc or junior professorship is the preferred
career path nowadays, which are not accounted for in this number)[207]
5.30 Legislation applicable to the German education system
The main legal framework which regulates the education system in Germany is the
Basic Law and the main bodies which enforce various legal requirements are the
Ministry of Education and the Ministry of Cultural Affairs and Science.[208]
Those who are interested in the education system in Germany should know that the
compulsory schooling begins at the age of 6. The local system differs between
full-time education, which can last for 9 or 10 years. It is important to know
that schools in Germany are organized according on the region. For example,
primary school can last up to the age of 10 in some areas, while in Berlin,
students end their primary studies at the age of 12. Lower secondary school can
end at the age of 15 or 16.
The part-time compulsory schooling is available for students with ages between
15/16 – 18, for those enrolled in schools organized as apprenticeships.
Higher education system in Germany is organized under the following types of
schools:
- universities;
- technical, pedagogical and theological universities;
- colleges with activities in the field of music and arts;
- universities of applied sciences.
The differences which appear between the German regions are an effect of the
unification of Germany, which took place in 1990.
Conclusion
This chapter entailed the historical development of education in USA, Germany
and India. The purpose of this chapter is to interpret facts and development
related to education in India, USA and Germany. The facts were gathered and then
attempted to assimilate into a meaningful order. India's goal of achieving
universal access and achievement, facing the barriers of inequality and
injustice are demolished through a thoughtfully planned program of progressive
education and equal opportunity.
The poor and backward class has not received the attention it merits, while the
culture of privilege looms large with ominous consequences. India's cultural
conundrums are mirrored in an educational system that treats people with
different backgrounds in different ways.
Education in the United States is provided in public, private, and home schools.
State governments set overall educational standards, often mandate standardized
tests for K–12 public school systems and supervise, usually through a board of
regents, state colleges, and universities. The funding comes from state and
local governments.
Private schools are generally free to determine their own curriculum and
staffing policies, with voluntary accreditation available through independent
regional accreditation authorities, although some state regulation can apply.
Education in Germany is primarily the responsibility of individual German states
(Länder), with the federal government playing a minor role. Optional
Kindergarten (nursery school) education is provided for all children between one
and six years old, after which school attendance is compulsory.
The system varies throughout Germany because each state (Land) decides its own
educational policies. Most children, however, first attend Grundschule (primary
or elementary school) for 4 years from the age of 6 to 9. Germany's secondary
education is separated into two parts, lower and upper. Lower-secondary
education in Germany is meant to teach individuals basic general education and
gets them ready to enter upper-secondary education. In the upper secondary level
Germany has a vast variety of vocational programs.
The historical development and struggle to implement compulsory education in
three countries exhibits the importance of proper and good education for all.
Education facilitates quality learning all through the life among people of any
age group, cast, creed, religion and region. It is the process of achieving
knowledge, values, skills, beliefs, and moral habits. The historical development
provides a background of education in three countries. It is significant to
understand the background before providing visionary for the future of
education.
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[1] *
[2] Brooke Wilkins, Should Public Education be a Federal Fundamental Right?,
2005 BYU Educ. & L.J. 261, 271 (2005).
[3] Meyer v. Nebraska, 262 U.S. 390 (1923)
[4] Susan H. Bitensky, Legal Theory: Theoretical Foundations for a Right to
Education Under the U.S. Constitution: A Beginning to the End of the National
Education Crisis, 86 Nw. U. L. Rev. 550, 563 (1992)[hereinafter Bitensky]; Kara
A. Millonzi, Education as a Right of National Citizenship Under the Privileges
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1309-10(2003).
[5] Allan Farnsworth E. (2010), An Introduction to the Legal System of the
United States Fourth Edition, Oxford University Press; 4th Edition (July 16,
2010), ISBN-10 : 9780199733101, ISBN-13 : 978-0199733101
[6] The Educational Rights of Students: International Perspectives on
Demystifying the Legal Issues 223-43 (Charles J. Russo et al. eds., Rowman &
Littlefield Education) (2007) [hereinafter Educational Rights].
[7] Wilkins, supra note 12
[8] Educational Rights, supra note 15, at 236.
[9] Id. at 235.
[10] Id. at 236
[11] Id. at 238.
[12] Sayed Hashimy, INDIA IS INCREDIBLE FOR EDUCATION (2021).
[13] Id.
[14] Trisha Loscalzo Yates, A Criticism of the No Child Left Behind Act: How the
Convention on the Rights of the Child Can Offer Promising Reform of Education
Legislation in America, 5 Whittier J. Child & Fam. Advoc. 399 (2006)
[15] Amy Reichbach, Note: The Power Behind the Promise: Enforcing No Child Left
Behind to Improve Education, 45 B.C. L. Rev. 667 (2004).
[16] Yates, supra note 22, at 400.
[17] Sayed Qudrat Hashimy, ResearchGate, https://www.researchgate.net/profile/Sayed-Hashimy
(last visited Jun 19, 2022).
[18] In Bavaria, for instance, Bayerisches Gesetz über das Erziehungs- und
Unterrichtswesen, repromulgated May 31, 2000, BAYERISCHES GESETZ- UND
VERORDNUNGSBLATT [BayGVBl] 414, as amended.
[19] Kutusministerkonferenz im Schulwesen
[20] Grundgesetzänderungsgesetz 2006, Aug. 28,.
[21] Sayed Qudrat Hashimy, supra note 17.
[22] GG, art. 7.
[23] Hochschulrahmengesetz, Jan. 19, 1999, BGBl I at 18, as amended.
[24] Bundesausbildungsförderungsgesetz, June 6, 1983, BGBl I at 645, as amended.
[25] United Nations Human Rights Council, Implementation of General Assembly
Resolution 60/ 251, Mission to Germany (Feb 2006)
[26] Hashimy, supra note 12.
[27] Avenarius, H., EINFÜHRUNG IN DAS SCHULRECHT 22 (Darmstadt, 2001)
[28] GG art. 3.
[29] League for Children's Rights Individual UPR Submission: Germany. February
2009. Submitted by Bündnis RECHTE für KINDER e.V. and supported by President of
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[30] "History of Boston Latin School-oldest public school in America".
[31] "History", Mather Elementary School
[32] "The Mather School is marking 375 years of public education; NYPD's
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Written By: Mohammad Rasikh Wasiq - Student of LLM (International
Law), ILS Law College, Pune
Email:
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