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Students have no constitutional right to civics education, First Circuit rules

The appellate court decided a group of public school students in Rhode Island who said their civics education could leave them unprepared to participate in democracy were not deprived of a fundamental right.

(CN) — A group of Rhode Island students told the First Circuit the civics education they received in their public schools left them unprepared to participate in democracy, to vote and sit on juries.

The students, whose ages ranged from preschoolers to seniors in high school, said the dearth of civics education in the Ocean State especially affects minorities and students in low-income homes, creating a gap that leaves those students less empowered.

But on Monday, the First Circuit sided with the federal district court judge who dismissed the students’ suit, concluding “an adequate civics education is not a fundamental constitutional right.”

However, U.S. District Judge Denise Casper, sitting by designation on the appellate court, wrote in her 20-page opinion the students used the forum of the U.S. courtroom to highlight how Americans are unprepared to participate in their government and that their petition's timing coincided with widespread anxiety about the fate of democracy in America.

“Nevertheless, the weight of precedent stands in the Students' way here,” wrote Casper, an Obama appointee.

The students did not allege that they were denied education in civics, the judge said. For 15 years, the state mandated that some civics education be taught.

But the students said the state’s offerings did not conform with an educator and policy organization-endorsed way of teaching civics. The way Rhode Island approached civics, they said, was inadequate for preparing students because schools failed to host discussions on subjects that generate controversy, coach students in media literacy or offer enough opportunities to write for a student newspaper or serve on student council.

The state argued that it already taught civics in some form and it made a decision to stress subjects such as science and math, in part to comply with federal mandates. When it comes to extracurricular activities, those are left in more local hands.

Citing earlier cases, the First Circuit said no other court suggested teaching a specific subject was required by the constitution, save, perhaps, basic literacy — reading and writing. The Sixth Circuit recently looked at an education case, Casper wrote, where it determined literacy is vital for a student to have a chance at grasping political and economic opportunities. Furthermore, a lack of civics education, Casper wrote, does not prevent a student from participating “in a functioning democracy.”

Citing the limited resources at the disposal of most teachers and myriad demands upon the education system, Casper wrote: “We do not doubt the importance of the civics curriculum proffered by the Students and their amici, but we also do not doubt the importance of reading, science and math, both for providing a basic education and for preparing students to succeed in higher education and the workforce.”

An armful of public interest groups had filed amici briefs in support of the students, including the League of Women Voters of Rhode Island and American Civil Liberties Union of Rhode Island.

The students’ appeal had arrived at the First Circuit as the state revamped its approach to civics education. In September, Rhode Island Governor Dan McKee, a Democrat, signed in to law a bill that would require proficiency in civics a requirement to graduate a public high school in the Ocean State starting in 2023.

The Center for Educational Equity, who helped represent the students, and an attorney for the Rhode Island Department of Education did not immediately respond to request for comment.

Follow @jcksndnl
Categories / Appeals, Civil Rights, Education, Law

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