Constitutional Obligations for Public Education. 50-State Review

Overview & Synopsis

Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional education provisions vary from state to state, with some states specifically laying out the foundation of their education system while others leave the details to the legislature. Because some state constitutions date back centuries, constitutions can contain outdated language, which can decrease the relevance of the constitution to current-day policy issues. State constitutions vary on whether they include language about public school funding, religious restrictions, the education of disabled students, the age of students, the duration of the school year, and the establishment of state higher education systems. The table in this paper provides a 50-state overview of the constitutional foundation for public education in each state. It includes the location of the foundational language, which is hyperlinked to that section in the constitution. Additionally, the table looks at whether the constitution includes language on the following topics: (1) public school funding; (2) religious restrictions; (3) the education of disabled students; (4) the age of students; (5) the duration of the school year; and (6) the establishment of state higher education systems. [This report is an update to the 2002 report, "Constitutional Language: State Obligations for Public School Funding."]