SocioPolitical Foundations

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Socio-Political Foundations
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Selected Legislation Affecting Education, Sport,
and Fitness/Wellness

• Amendment 1, US Constitution
• Plessy vs Ferguson
• Brown vs. Board of Education
• Civil Rights Act of 1974
• Title IX
• PL 94-142
• Americans With Disabilities Act (ADA)
• PL 95-606
• Grove City College vs Bell
• Civil Rights Restoration Act of 1986

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First Amendment to US Constitution

• Congress shall make no law.respecting the
  establishment of religion.
• This part of the first amendment means that
  government and religion are separate. Government
  can not do anything that would serve to establish
  any form of official religion.
• Thus, a public school, which is a governmentally
  created entity, cannot do anything that can be
  reasonably construed to be religious in nature.
• In practice, anyone is free to pray or practice
  their religion anywhere they want. However, when
  that practice involve any form of pressure or
  coercion of others, that is illegal under the
  Constitution. It would also be illegal under any
  and all of the laws prohibiting discrimination on
  the basis of religion.

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Plessy versus Ferguson

• 1906
• Supreme Court ruled that separate but equal
  schools and other public facilities were
  constitutional because they did not lead to
  unequal treatment under the law.

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Brown versus Board of Education

• 1954
• The Supreme Court ruled that separate but equal
  is inherently unequal and therefore
  unconstitutional. Schools were ordered to
  de-segregate with all possible speed

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Civil Rights Act of 1974Title VII

• Employers may not discriminate on the basis of
  race, gender, religion, national origin, etc. in
  matters of pay, promotion, hiring, etc.
• Applies to most, but not all, employers.

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Educational Amendments Act of 1972Title IX

• Schools receiving federal financial aid of any
  kind may not discriminate on the basis of gender.
• Interpreted to mean that aid received by any part
  of a school (such as a department) obligates ALL
  parts of that school to not discriminate.
• Has had a major impact on departments of
  athletics.
• Determining how discrimination is defined has
  proven to be very complicated and difficult.

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The Rehabilitation ActPL 93-112 (Section 504)

• Handicapped students must have equal opportunity
  and access to extracurricular activities,
  including intramurals and athletics.

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PL 94-142Education for all Handicapped Children
Act

• Says that a free, appropriate education in the
  least restrictive environment must be provided
  for all handicapped students.
• Applies to public school systems and persons
  under twenty-one years of age.
• The definitions of appropriate and least
  restrictive environment have been problematic.

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Americans With Disabilities Act (ADA)

• Employers must make reasonable accommodations
  to workers with disabilities.
• For purposes of this act, college students are
  treated as employees. Colleges must make
  reasonable accommodations to students with
  disabilities.
• The definition of reasonable accomodations has
  been a source of contention.

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PL 95-606Amateur Sports Act of 1978

• Requested the United States Olympic Committee to
  assist in the development of athletic programs
  for the handicapped and to expand opportunities
  for participation of handicapped athletes in
  competitions with able-bodied athletes.

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Grove City College versus Bell

• Supreme Court case that weakened Title IX of the
  Educational Amendments Act of 1972.
• The court ruled that Title IX did not apply to an
  entire institution, only to the department or
  unit receiving the federal aid.
• Thus, a grant to the chemistry department had no
  effect on the athletic department.

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Civil Rights Restoration Act of 1988

• Congress overruled the Grove City College ruling
  by the Supreme Court by making a new law that
  explicitly said that federal aid received by any
  department does obligate all parts of an
  institution to avoid gender discrimination.

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Characteristics of the US Public Educational
System

• In the US, schools are
• Mandatory and Free
• Intended to result in equal access for all
• Can sometimes lead to turmoil
• Other countries have less turmoil because those
  who do not play the game are expelled, and
  because their populations are more homogeneous.
• Integrated
• By race, religion, gender, ethnic background,
  economic background, special need, etc.
• Last 20 to 30 years only
• Increases short term conflict, probably eases in
  long term.
• (more on next slide)

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• Locally Directed and Funded (mostly)
• Allows flexibility and rapid adaptation
• Can result in disproportionate funding
• Can result in extreme results if not monitored
  and limited by state and federal government,
  however.
• Essentially Political
• Forces system to eventually yield to majority
  opinion
• Tends to keep the system from swinging too far
  in any direction
• Tends to focus thinking on the short run.
• System tends to be vulnerable to demagogic
  pressures
• Can sometimes result in rounding out the edges
  of the curriculum. Important but controversial
  issues are likely to be ignored out of fear of
  political pressure.
• E.g. sex ed., evolution, religion, economic
  theories, minority history, recent political
  events, etc.

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Some Recent Reports Affecting Physical Education

• House Concurrent Resolution 97
• Senate Resolution 43
• Healthy People 2000
• Healthy People 2010
• The Surgeon Generals Report
• (described on following slides)

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House Concurrent Resolution 97

• 1987
• Whereas a high quality daily physical education
  for all children in kindergarten through grade 12
  is an essential part of a comprehensive
  education Now, therefore, be it resolved by the
  House of Representatives (the Senate concurring
  in Senate Resolution 43) that the Congress
  encourages State and local governments and local
  education agencies to provide high quality daily
  physical education programs for all children
  kindergarten through grade 12.
• Several other whereass
• Unfortunately, the above is not binding and
  provides no funds.

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Healthy People 2000, Healthy People 2010

• Objectives for the nation for the years
  indicated.
• Each document contained several hundred
  objectives related to health matters, including
  objectives related to physical activity and
  fitness.

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The Surgeon Generals Report on Physical Activity
and Fitness

• Places the authority and reputation of the US
  Surgeon Generals Office behind the scientific
  conclusion that physical activity is very
  important for maintaining fitness and for
  preventing many types of illness.

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The Issue of Health Insurance Funding
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The Issue of Educational Standards