"Education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities."
UN Committee on Economic, Social and Cultural Rights, General Comment 13
International human rights law, as codified in the covenants and declarations described above, recognizes the right to a fundamental education. These human rights instruments collectively define a fundamental education as “the satisfaction of …‘basic learning needs.’”13 The World Declaration on Education for All asserts that:
“these needs comprise both essential learning tools (such as literacy, oral expression, numeracy, and problem solving) and the basic learning content (such as knowledge, skills, values, and attitudes) required by human beings to be able to survive, to develop their full capacities, to live and work in dignity, to participate fully in development, to improve the quality of their lives, to make informed decisions and continue learning.”14
These basic learning needs are an inherent component of the right to education. The specific content of this right, however, “varies with individual countries and cultures, and inevitably, changes with the passage of time.”15 New York City public school students need to acquire the skills to function in an information-driven society within a complex economy. This requires high-level skills in order to participate in the workforce, engage in political processes and meet ordinary needs such as effectively using the internet or purchasing a home. In this context the majority of New York City public schools do not provide a fundamental education, and in many cases fail to provide even a minimum level of literacy.
For example, in 2001,70%of New York City public school eighth graders tested below grade level,16 and 20%of high school students dropped out of school before graduation.17 Over 300 schools have been identified as “failing,”18 while many more are categorized as not adequately performing. The scale of this human rights violation is further exacerbated by inequitable funding between urban and suburban schools in New York State,19 the discriminatory use of special education designations and disciplinary procedures,20 and the inequitable distribution of experienced teachers.21
Moreover, the extraordinary achievement gap between high performing and low performing city schools demonstrates that the violations of the right to a fundamental education are directly tied to the class and race of the student population. For example, in the 1997 to 1998 school year, students in the lowest performing schools scored on average 40% lower on reading tests than students in the highest performing schools.22 In that same school year, the average student populations in the lowest performing schools were 97% Black and Latino and 94% eligible for the free lunch program – indicating that students are likely to come from low-income homes.23
In the highest performing schools, however, the average student populations were only 30% Black and Latino, but 51% White, and only 40% of students were eligible for the free lunch program.24 These blatant class and race disparities represent a flagrant violation of the most central human rights principle –the right to non-discrimination.
“_An active commitment must be made to removing educational disparities …[T ]he poor …ethnic, racial, and linguistic minorities … should not suffer any discrimination in access to learning opportunities.”_
World Declaration on Education for All, Article 3
The State and City of New York have developed and adopted a wide range of policies and goals to address the failure to provide a fundamental education in all New York City public schools. However, our interviews with parents and advocates demonstrate that the most pervasive threat to the right to education is not any specific policy or lack thereof, but rather a widespread and systemic breakdown in accountability in districts serving low-income neighborhoods and communities of color. Policies and strategic plans to improve low performing schools are routinely disregarded, with little oversight or consequence. These failures in accountability affect all schooling issues –from fully funded reading programs that are never implemented to school improvement targets that are never met. Without creating real accountability, the right to education cannot be fulfilled.
“_Oh, please. I don’t want to see policies or any more programs that my son’s school is SUPPOSED to have. You look at them all, and they look great. But that’s not what really happens. For example, my son’s school is supposed to have Project Read everyday, it doesn’t. So I ask my son, did you have Project Read today? Most days he says no, there was no program. Usually he doesn’t have the program more than a couple times a month.”_
Parent, New Settlement Parent Action Committee
“_When the Board of Regents mandated new graduation requirements, they knew that immigrant students still in the process of learning English would not be able to meet the standards without support. They committed to a 12 step plan in order to provide the necessary support. Yet, the twelve step action plan was not fully implemented by the schools. By not providing what was promised, they set these kids up to fail.”_
Advocate, New York Immigration Coalition
This breakdown in accountability is closely linked to the school system’s failure to ensure effective and meaningful participation by civil society in the management or oversight of the educational system. Parents and advocates report that schools systematically exclude low-income parents and communities from participating in the school system and through this exclusion severely limit the ability of these actors to hold schools accountable for educational failure. The participation of civil society is essential to guarantee independent and effective monitoring of the school system and to ensure accountability.