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The Federal Role in the Federal System: the Dynamics of Growth

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The Federal Role in the Federal System: the Dynamics of Growth THE FEDERAL ROLE IN THE FEDERAL SYSTEM: THE DYNAMICS OF GROWTH Volume I A Crisis of Confidence and Competence 1. The Question of Federalism: Key Problems 2. Indicators of Federal Growth 3. The Scope of the Federal Role Report Volume II The Condition of Contemporary Federalism: Conflicting Theories and Collapsing Constraints 1, Alternative Perspectives on Federalism 2. Breakdown of Constitutional Constraints; Interpretive Variations from the First Constitutional Revolution to the “Fourth” 3. Government UnLocked: Political Constraints on Federal Growth Since the 1930s 4. Financing Federal Growth: Changing Aspects of Fiscal Constraints 5. Governmental Growth: Conflicting Interpretations in the Social Sciences Volume 111 Public Assistance: The Growth of a Federal Function Volume IV Reducing Unemployment: intergovernmental Dimensions of a National Problem Volume V intergovernmentaiizing the Classroom: Federal involvement in Eiemen- tary and Secondary Education Volume VI The Evolution of a Problematic Partnership: The Feds and Higher Ed Volume VII Protecting the Environment: Politics, Pollution, and Federal Policy Volume V//l Federal Involvement in Libraries Volume IX The Federal Role in Local Fire Protection Volume X An Agenda for American Federalism: Restoring Confidence and Com- petence 1. American Federalism 1960-1980: Contrasts and Continuities 2. The Dynamics of Growth in Federal Functions: An Analysis of Case Study Findings 3. The Federal Role: Criteria, Assessment, and Analysis 4. issues and Recommendations YlllimiXlHearings on the Federal Role Intergovernmentalizing the Classroom: Federal Involvement in Elementary and Secondary Education ADVISDRY COMMISSION ON INTERGOVERNMENTAL RELATIONS Washington, D.C. 20575 l March 1981 Foreword he Advisory Commission on Intergovern- (6) recommend, within the frame- T me&l Relations (ACIR] was established by work of the Constitution, the most de- Public Law 380, which was passed by the first sirable allocation of governmental session of the 86th Congress and approved by functions, responsibilities, and rev- the President on September 24, 1959. Section 2 enues among the several levels of of the act sets forth the following declaration government.. of purpose and specific responsibilities for the Pursuant to its statutory responsibilities, the Commission: Commission has from time to time been re- quested by the Congress or the President to Sec. 2. Because the complexity of examine particular problems impeding the ef- modern life intensifies the need in a fectiveness of the federal system. The 1976 re- federal form of government for the newal legislation for General Revenue Sharing, fullest cooperation and coordination Public Law 94-488, mandated in Section 145 of activities between the levels of gov- that the Commission: ernment, and because population growth and scientific developments study and evaluate the American portend an increasingly complex so- federal fiscal system in terms of the ciety in future years, it is essential that allocation and coordination of public an appropriate agency be established resources among federal, state, and to give continuing attention to inter- local governments, including, but not governmental problems. limited to, a study and evaluation of: It is intended that the Commission, (1) the allocation and coordination of in performance of its duties, will: taxing and spending authorities be- tween levels of government. including (I) bring together representatives of a comparison of other federal govern- the federal. state, and local govern- ment systems. (5) forces likely to af- ments for the consideration of com- fect the nature of the American fed- mon problems. eral system in the short-term and long- (5) encourage discussion and study term future and possible adjustments at an early stage of emerging public to such system, if any, which may be problems that are likely to require in- desirable, in light of future develop- tergovernmental cooperation. ments. The study, The Federal Role in the Federal identify historical and political patterns in the System: The Dynamics of Growth, of which the development and expansion of national gov- present volume is one component, is part of the ernmental domestic activities. This case study Commission’s response to this mandate. Staff on the federal role in elementary and second- were directed to: (a] examine the present role ary education is one of seven prepared by of the federal government in the American fed- Commission staff pursuant to this assignment. eral system: (b] review theoretical perspectives on American federalism. the assignment of Abraham D. Beame functions. and governmental growth; and (c) Chairman iv Acknowledgments his volume was prepared by the government- T’al structure and functions section of the Commission staff. Timothy J. Conlan was re- sponsible for the research and preparation of the case study. Anne H. Hastings provided valuable assistance in preparing the final ver- sion of the report. Other members of the Com- mission staff, especially David R. Beam, project manager, and Cynthia Cates Colella, analyst, reviewed the manuscript and provided helpful suggestions. Delores Dawson and Kath- leen M. Behringer valiantly performed the secretarial tasks involved. Special thanks go to the following scholars who reviewed and commented on a prelimi- nary version of this report: Dr. Edith K. Masher of the University of Virginia; Dr. Jerome T. Murphy of Harvard University; and Dr. Mary Frase Williams of the National Conference of State Legislatures. Full responsibility for con- tent and accuracy rests, of cowse, with the Commission and its staff. Wayne F. Anderson Executive Director David B. Walker Assistant Director Contents Chapter 1. The Scope of Federal Involvement in Elementary and SecondaryEducation .............................. 1 The Growth of Federal Involvement ......................... 2 Regulations and the Courts ................................ 8 Chapter 2. Creation of a Federal Role in Education-The Early Phases, 1785-1940 .................................. 11 The Ordinances of 1785 and 1787 and the Early Federal LandGrants ........................................... 11 Federal Aid to Education in the Reconstruction Era ............ 12 The Federal Department of Education ....................... 13 1 The Hoar Bill ............................................ 13 The Land Grant Proposals ................................. 14 Federal Cash Grants for Education .......................... 15 Federal Aid to Education, “The First Phase” .................. 16 Federal Aid in the Early 20th Century ....................... 17 Chapter 3. The Contemporary Period: Categorical Assistance and The Drive for General Aid .......................... 19 Impact Aid .............................................. 21 Federal Aid for School Construction ......................... 22 The National Defense Education Act: A New Program of Specialized Federal Assistance ........................... 23 Federal Aid and Presidential Politics, 1959-60 ................. 25 More Years of Failure-Federal Aid Controversies. 1961-64 ..... 26 Chapter 4. Passage of The Elementary and Secondary Education Act: The Long Awaited Triumph ..................... 31 Policy Initiation .......................................... 32 Congressional Passage .................................... 34 Chapter 5. New Controversies and Old: The Politics of Implementation ................................... 37 Issues in Implementing Ambiguous Law ..................... 37 vii Education and Civil Rights ................................... .38 The Congressional Response. 1966 ............................ .40 The Congressional Response, 1967 ............................ .41 Chapter 6. Federal Aid to Education Under Fire: The Nixon Years ... .43 The Politics of the Education Budget. .......................... .46 Education and the Politics of Race: Limiting Federal Desegregation Activity .................................... .47 Education Revenue Sharing: Reducing the Federal Role .48 The Nixon-Ford Years Evaluated ............................. .50 Chapter 7. The Role of the Federal Courts in Education ............. .53 The Judicial Role in School Desegregation ...................... .54 Other Equal Protection Issues ................................. 56 The First Amendment Cases: Religion and Free Speech .......... .58 Religion and the Schools .................................... .58 Education and Free Speech ................................... 59 The Judicial Role in Education: An Overview ................... .59 Chapter 8. Contemporary Issues of Federal Involvement In Education .................................... ...6 1 Federal Regulation of Elementary and Secondary Education: A Continuing Controversy ................................. .62 Recent Additions to Federal Regulation ........................ .63 The Politics of Regulation .................................... .63 A Federal Department of Education ........................... .65 Tuition Tax Credits .......................................... 68 Chapter 9. The Political Dynamics of Federal Involvement in Elementary and Secondary Education .................. .71 Political Actors and the Policy Process .......................... 71 Federal Aid, the Development Phase, ...................... .71 Federal Aid, the Enactment Phase ......................... .74 Federal Aid, the Implementation Phase .................... .74 Federal Regulatory Policy ................................... .76 The Process of Judicial
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