14th Amendment For Education In Texas
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FAQ
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.
The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
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.
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.
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.
