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Education Law

: Edjurist

Unconstitutionally Low Graduation Rates?

By Justin Bathon

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Here is a new tact. The ACLU is suing a Florida School District for unconstitutionally low graduation rates (Press Release). The ACLU claims that the low graduation rates, especially given their racial breakdown, violate the high quality provision of the Florida Constitution. As you can see, the Florida Constitution is does not equivocate on the term "high quality."

The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require. To assure that children attending public schools obtain a high quality education, the legislature shall make adequate provision to ensure that ...

Frankly, I like this lawsuit. It is very creative. It challenges Florida's public schools to live up to their mandate. The Constitution demands high quality and it is hard to argue that failing to graduate 1/2 of your students from high school is high quality. Now, the likelihood of a Florida judge interpreting "high quality" to mean everyone graduates is pretty slim. It is just a vague enough term to not really mean anything legally (which I am sure is why they used it in the first place). But, it is a good idea nonetheless and it may even force some schools to get even more serious about improving their graduation rate.

Hat tip: ABA Journal

Full post as published by Edjurist on March 19, 2008 (boomark / email).