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Dec 6, 2023
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1
Education
Ashley Garrett
The University of Arizona Global Campus
POL201: American National Government (ACK2325A)
July 4, 2023
2
Education
Explain federalism as it is used in the United States, its constitutional basis, and compare it
to the separation of powers.
Federalism in the United States is the way that the central government and the states
share power. It is a way of running things where each level of government has its rights and
duties but also shares some. This method is based on the idea that some responsibilities should be
taken care of at the national level and others at the state level. "The powers not given to the
United States by the Constitution or forbidden to the states by it are reserved to the respective
states or the people," says the Tenth Amendment. This amendment says that the Constitution
gives the central government only the powers it says it has and that all other powers stay with the
states. Even though federalism and the split of powers are not the same things, they both try to
limit the government's power and protect people's freedom. Federalism makes sure that the
federal government and the state governments each have an equal amount of power. This keeps
the central government from becoming too strong (Gartner, 2023). The separation of powers, on
the other hand, guarantees that authority is distributed evenly across the many departments of
government, preventing any one branch from becoming overly dominant.
Examine the legal basis for the federal government and state governments to make laws
regarding your topic based on the examples you chose.
The No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education
Act (IDEA) can be used as examples to assess the legal justification for the federal government
and state governments to implement education legislation. A federal law known as the No Child
Left Behind Act (NCLB) sought to improve accountability and raise academic standards. The
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federal government's competence to control interstate commerce and promote the general
welfare gives it the legal right to enact this statute. The NCLB requires states to set academic
goals and administer standardized tests to gauge student achievement (
VanGronigen, & Meyers,
2019
). Additionally, it provided federal funding to states that complied with the statute. This
shows that the federal government has the power to set national educational standards and
regulations that apply to all states and guarantee a minimum standard of educational quality.
Another illustration of the legal justification for federal and state governments passing
educational law is the Individuals with Disabilities Education Act (IDEA). Students with
disabilities have the right to a free and suitable public education under the Individuals with
Disabilities Education Act (IDEA), a federal law (
Allegretto et al., 2022
). While state and local
education agencies are largely responsible for IDEA implementation and administration, the
federal government funds and sets guidelines for special education programs. This shows that the
federal and state governments are responsible for ensuring that students with disabilities have
equal access to schooling (Gartner, 2023).
Examine the way in which federalism impacts the way in which Americans experience the
topic you have chosen. Make sure to discuss tensions and/or instances of cooperation that
may arise between the federal and state government on this topic.
Federalism has a tremendous impact on how Americans experience education. The divide
of jurisdiction between the federal and state governments creates disputes and instances of
collaboration in setting educational policies and practices. Federalism influences education
through the clash between federal regulations and state power. The No Child Left Behind Act
(NCLB), for example, has been accused by some of infringing on state autonomy over education
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4
by imposing federal standards and accountability systems on states (
VanGronigen, & Meyers,
2019
). The tension between the federal government's goal of universal standards and the states'
need for flexibility in tailoring education to their specific needs must be balanced. The Common
Core State Standards adoption sparked similar debates over federal overreach and state
sovereignty over educational issues.
Federalism, on the other hand, allows for instances of federal-state collaboration in the
field of education. The federal government provides cash and resources to state education
systems, particularly for impoverished children. Schools with a large number of low-income
students, for example, receive more significant resources through Title I funding under the
Elementary and Secondary Education Act (ESEA). This collaboration between the federal and
state governments aims to address educational gaps and ensure equal access to high-quality
education.
Another area of collaboration is in the field of special education. The Individuals with
Disabilities Education Act (IDEA) guarantees impaired students the right to a free, appropriate
public education (
Allegretto et al., 2022; Gartner, 2023
). Although the federal government
establishes laws and funds special education programs, the execution and administration of
IDEA are primarily the responsibility of state and local education agencies. This federal-state
collaboration aims to ensure that children with disabilities receive the assistance they need to
succeed in school.
Constitutional articles, federal or state laws, court cases, government entities, and other
relevant factors in this paper include:
●
The United States Constitution defines the division and sharing of power between the
national and state governments and exemplifies the notion of federalism.
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●
The Department of Education is a federal agency that funds educational initiatives and
establishes national standards.
●
The No Child Left Behind Act of 2001, a federal law that requires states to administer
and submit annual standardized tests to kids in grades 3-8. Every Student Succeeds Act of
2015, a federal law that replaced No Child Left Behind by giving states more autonomy
over setting their own goals and accountability methods.
●
The COVID-19 epidemic highlighted federalism's role in education and raised awareness
of our federalist style of government (
Greer et al., 2020
).
6
References
Allegretto, S., García, E., & Weiss, E. (2022). Public Education Funding in the US Needs an
Overhaul: How a Larger Federal Role Would Boost Equity and Shield Children from
Disinvestment during Downturns.
Economic Policy Institute
.
Gartner, D. (2023). The Federal Role in School Funding Equity.
Va. L. Rev
.
Greer, S. L., Dubin, K. A., Falkenbach, M., Jarman, H., & Trump, B. D. (2023). Alignment and
authority: Federalism, social policy, and COVID-19 response.
Health policy (Amsterdam,
Netherlands)
,
127
, 12–18.
https://doi.org/10.1016/j.healthpol.2022.11.007
VanGronigen, B. A., & Meyers, C. V. (2019). How state education agencies are administering
school turnaround efforts: 15 years after No Child Left Behind.
Educational
Policy
,
33
(3), 423-452.
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