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PART I ADMINISTRATION, ORGANIZATION, AND FINANCING OF THE EDUCATION SYSTEM
Because of the Tenth Amendment and the consequent evolution of a decentralized education system, the States and local districts assume a primary role in the organization and operation of U.S. schools. For this reason, the discussion below deals at length with State and district roles in education and only briefly with the Federal role. Because they are administered in a different way, postsecondary institutions will be discussed separately.
Over the years, State legislatures have enacted laws to govern the organization and operation of elementary and secondary schools in the respective States. These laws have been provided to guide the establishment of policies and requirements for the operation of public schools at the local level. In most States, policies and requirements are determined by a State board of education and carried out under the leadership of a chief State school officer (the title varies with the State) and a staff of professional educators in a State department of education.
Different States have different laws and traditions governing the membership of State boards of education. In most States, members are appointed by the Governor; in some they are elected directly by the people; and in still other cases a member serves ex officio -- that is, by virtue of holding another office (e.g., the Governorship).
The chief State school officer -- the head of the State department of education -- is usually appointed by the Governor or by the State board of education, though in a few States the office is elective. The duties of the chief State school officer usually include such functions as: distributing State funds to local education authorities (almost 50 percent of all funds spent on public elementary and secondary schools in the United States come from State sources); interpreting and administering State school laws; supervising the certification of teachers; helping to improve educational standards through in-service training programs; and providing advisory services to local superintendents and school boards.
Typically, State regulations for public schools cover the following areas: length of the school day and school year; graduation requirements; and standards for teacher certification, school transportation, health services, and fire protection. For private schools, about one half of the States have some sort of mandatory approval process that results in a license, accreditation, or registration. A few States require that all private school teachers be certified by the State before they can teach in a private school. However, requirements vary from State to State, as does the manner in which such requirements are enforced.
State boards of education and their chief State school officers -- supported by organizations like the National Association of State Boards of Education and the Council of Chief State School Officers -- provide strong voices on the national scene and influence the direction of federal legislation and policy.
With the exception of Hawaii, each State is divided into local administrative districts with extensive authority and responsibility to establish and regulate public schools, both at the elementary and secondary levels. Generally, local school districts are governed by a board of education, usually composed of five to seven members, who have either been appointed by other governmental officials or elected by citizens who live within the district. Consistent with State law and official policy, the local board operates the public school system through the superintendent and the district staff.
The district school board and the superintendent of schools have a broad range of duties and responsibilities. The board and the superintendent are jointly responsible for preparing the school budget. They usually have considerable latitude within broad State guidelines to determine curriculum. They are responsible for hiring teachers and other personnel; for providing and maintaining school buildings; for purchasing school equipment and supplies; and, in most cases, for providing transportation for pupils who live beyond a reasonable walking distance from the school.
Their duties also include enacting regulations to govern the operation of schools. Such regulations must conform to State law. Indeed, the limitations on the actions of school boards are those established by the State legislature, or by the State education agencies, which in most cases prescribe minimum standards for all local school districts.
Districts vary in size from rural systems, with one school building that houses all grades, to those in heavily populated urban areas, with hundreds of schools and thousands of teachers. Some States have regional (county) service districts or centers. These handle regulatory functions as well as advise local school systems and collect and provide statistical information.
Postsecondary education in America is widespread and diverse. There are literally thousands of degree-granting universities, four-year colleges, and two-year colleges. Some of these are funded by State or local governments, while others are funded by religious denominations or are privately endowed. In addition to these degree-granting institutions, there are also proprietary schools that offer specific vocational training. These proprietary schools are generally operated as businesses for profit.
Postsecondary institutions, both public and private, derive their authority to function and grant degrees from the State in which they are located. This authority is established in the State constitution or in laws passed by the legislature.
States may fund and operate a number of institutions of higher learning. Many larger States, such as California and New York, have highly developed statewide systems of higher education. Most States have some system of policy planning and coordination to guide the development of public higher education within the State -- usually through coordinating boards and consolidated governing boards. However, in most statewide systems, individual campuses have a high degree of institutional autonomy, subject to the overall policies and plans established by State and/or institutional boards.
Nearly all institutions of higher education receive some form of financial support, either direct or indirect, from both State and Federal governments, though public institutions generally receive a substantially higher proportion of their budget from government funding. Other sources of income for both public and private institutions include: student tuition and fees, endowment earnings, and contributions from philanthropic organizations and individuals. Many public community colleges, particularly those drawing students from several school districts, receive the bulk of their public funds from separate community college districts established for this purpose. In a growing number of States, public community colleges receive more than half their funding from State government.
Boards of trustees (sometimes called boards of regents) make most major decisions affecting colleges and universities in the United States. In most instances the procedures for choosing board members are stated in the institution's founding charter, and, in accordance with the provisions of that charter, members may serve either specified terms or may be appointed for life. Public institutions such as State universities may have trustees who are elected or who are appointed by the State's Governor. Religious institutions usually have representatives of the institution's founding body serving as trustees. In recent years, many boards of trustees, both public and private, have attempted to broaden their membership to ensure a wider representation of the diverse constituencies that make up the institution's academic and social environment.
The role of the Federal Government in education has been one of broad leadership without undue control. It is the legal responsibility of Federal authorities to safeguard the right of every citizen to gain equal access to free public institutions and equal opportunity in the pursuit of learning. While fulfilling this responsibility, the Federal government also attempts to improve the quality of education through the funding of research, direct aid to students, and the dissemination of knowledge about teaching and learning.
To achieve these ends, the Congress over the years has enacted legislation establishing a variety of funded programs, most, though not all, administered by the U.S. Department of Education through the issuance of regulations and the monitoring of Federally funded educational activities. (Federal funding at the various educational levels is covered in the section on financing.) During the 1980's and early 1990's, a decrease in Federal regulations and in Federal authority to disperse funds within the States has further lessened the degree of administrative control exercised by the Federal Government in the field of education.
The only elementary and secondary schools funded and administered solely by the Federal Government are those established for the dependents of military and civilian personnel serving overseas. These are operated by the Department of Defense, with advice provided by local school advisory committees and a national advisory council. Schools serving military installations in the United States receive Federal funding but operate under the direction of local school boards.
The Federal government exercises no direct control over the establishment of postsecondary institutions or over the standards they maintain, except for some academies that prepare persons as career officers for the military. However, in a few areas, such as the enforcement of the Civil Rights Act as it relates to higher education programs, the Federal government has specific legal responsibilities.
Virtually all laws authorizing Federal assistance to institutions require that they meet minimum licensing and accreditation standards. However, the practice of "provisional" accreditation does permit some institutions to receive assistance while involved in formal and final accreditation. Postsecondary institutions are voluntary members of privately operated accrediting agencies, which periodically review the standards and practices of their membership. This reaccreditation occurs about every five years. For purposes of identifying those institutions eligible for Federal assistance, the Secretary of Education recognizes the authority of most accrediting agencies, which review periodically the performance of their membership.
The Federal Government requests advice on administering some Federal education programs from citizen councils and committees established for that purpose by legislation, Executive Order, or administrative authority. The members are usually appointed by the President, the Secretary of the Department, or other agency head. The largest number of Federal advisory groups on education are associated with programs administered by the U.S. Department of Education.
[Part I - Organization]