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14th Amendment For Education In Orange
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Orange
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US-000280
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Board of Education. Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Through its Equal Protection Clause, Due Process Clause, and by incorporating the Bill of Rights, the Fourteenth Amendment has addressed issues such as which students share a classroom and whether students can be expelled without a hearing or made to recite prayers.
More recently, this Court declared in Washington v. Glucksberg, 521 U.S. 702 (1997), that the Constitution, and specifically the Due Process Clause of the Fourteenth Amendment, protects the fundamental right of parents to direct the care, upbringing, and education of their children.
In 1973's San Antonio Independent School District v. Rodriguez, the Supreme Court found that education is not explicitly protected under the U.S. Constitution, and its precedent has remained unchallenged at the Supreme Court for over 30 years.
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 (as in Texas), no child living in that state may be denied equal access to schooling.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Teachers are protected from discrimination based on race, gender, and age. Discrimination based on disability or national origin is also prohibited. The Equal Protection Clause of the Fourteenth Amendment protects teachers at public schools.
14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt.