SLUDL Topicality (Negative Files) (JV & V)

Topicality - NegativeTopicality - Negative.....................................................................................................................................................1

Introduction.................................................................................................................................................................2

T - The United States federal government (1NC Shell)......................................................................................................3

T – Increase (1NC Shell).....................................................................................................................................................4

T – Regulation Excludes Court Action (1NC Shell).............................................................................................................5

T – Regulations Exclude Courts Extensions........................................................................................................................6

T – Regulations Exclude Courts: Ans 2 Courts can fund.....................................................................................................8

T – Regulation Excludes Congress (1NC Shell)...................................................................................................................9

T – Regulations are Executive Agency Extensions...........................................................................................................10

T – Education must be curriculum (1NC Shell)................................................................................................................11

T - Education = Curriculum Ext........................................................................................................................................12

Fairness > Education (as a standard/voter).....................................................................................................................15

1/18

SLUDL Topicality (Negative Files) (JV & V)

IntroductionEvery fall, debate coaches from all over the country vote on what students will debate about for the following school year. First, the subject area is chosen and then the committee works on creating a resolution, the specific wording of the topic for debate. The topics vary, rotating between foreign and domestic, science, economics, law, social issues, and politics. This year, the resolution is:

The United States Federal Government should substantially increase its funding and/or regulation of primary and/or secondary education in the United States.

When you write an affirmative case, it needs to fall under this umbrella, where the U.S. federal government must increase funding or regulation of education in the US. Sometimes, however, an affirmative case isn’t actually on topic. Topicality is an argument about definitions to determine if the affirmative is on topic or not. Each of the major concepts in the resolution is debatable. If an affirmative case stretches the definitions in the topic too far, it is considered “untopical.”

Staying within the topic is considered important for two main reasons, education and fairness. If you have a case that falls outside, or stretches the bounds of the topic, the debaters won’t be prepared to engage and clash and the round won’t be very educational for those involved. Additionally, if the negative team comes prepared to debate about the topic, and the other team is outside the topic, it won’t be fair for the team that showed up ready to argue the topic.

There are three parts to a topicality argument. First, you must offer an “interpretation,” of what you think the topic is. This interpretation is a definition of how you think the topic should be defined.

Next, you need to establish a “violation.” This states what the other team is doing wrong, and should be as clear as possible.

Lastly, you need to explain how the violation you’ve identified is bad. These “standards” can take many forms. For example, if the affirmative expands the topic to new areas, that could expand the research burden for negative teams, and be unpredictable. That’s unfair to the negative team. Topicality debates are only limited by your imagination, research skills to find a definition, and ability to defend the consequences of your interpretation.

Topicality can also be a useful tool to help other arguments that you might make during a debate. For example, the resolution includes the word “substantially.” The negative team can run a Topicality argument saying that the affirmative isn’t substantial, and that the best way to measure substantial is by how much money is spent. The affirmative team could then simply answer that their plan is expensive, and that they were substantial enough to be topical. However, they’ve now admitted that their plan is very expensive, which will help the negative argue the Spending Disadvantage.

2/18

SLUDL Topicality (Negative Files) (JV & V)

This file will include a lot of definitions, and several complete topicality arguments to get you started. Use these samples as a model to build your own arguments!

3/18

SLUDL Topicality (Negative Files) (JV & V)

T - The United States federal government (1NC Shell) A. Interpretation – United States Federal Government is the central

government in Washington D.C.West’s Legal ‘85 Thesaurus/Dictionary, 1985, p. 744. MHHAR7000United States; usually means the federal government centered in Washington, DC

B. The affirmative team does not meet this interpretation because _____

C. Vote Negative – Topicality is a prior voting issue for the following reasons

1. Generics – We lose access to generic arguments which link into the use of the United States federal government such as the Cap K, ANY Politics DA, and Agent CP’s

2. Predictable – One part of the resolution the negative should always be able to predict is the agent the affirmative uses this destroys and preemptive strategy.

3. Fairness – It is most fair to have the affirmative defend the resolution for the negative use of generics and predictability without fairness there is no education

4/18

SLUDL Topicality (Negative Files) (JV & V)

T – Increase (1NC Shell) A. Interpretation – Increase means to become bigger or larger in

number, quantity, or degree.

Encarta World English Dictionary, 7 (“Increase”, 2007, http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861 620741)

Increasetransitive and intransitive verb  (past and past participle in·creased, present participle in·creas·ing, 3rd person present

singular in·creas·es)Definition: make or become larger or greater: to become, or make something become, larger in number, quantity, or

degree

B. The affirmative team does not meet this interpretation because ____________

C. Vote Negative – Topicality is a prior voting issue for the following reasons

1. Generics – Without a plan that increases something the negative cannot run spending contingent DA’s, or K’s. This means we lose net benefits to our CP’s so we cannot debate on any ground.

2. Research Burden – We should be able to predict a plan that doesn't make any increases because without that ability it over limits the topic. This leads to plans such as fix five desks that already exist at Westie.

3. Education – We lose education in the round because we accept the affirmative plan for reality only because they are the only ones with evidence this is also a voter for fairness.

5/18

SLUDL Topicality (Negative Files) (JV & V)

T – Regulation Excludes Court Action (1NC Shell) A. Interpretation: Education regulation excludes the court – they are executive actions based upon Congressional grants of rulemaking authorityBon, 8 - Professor of Education and Law at the University of South Carolina (Susan, Encyclopedia of Education Law, ed: Charles Russo, p. 669-670)

REGULATIONAlthough education is primarily an issue reserved for state and local control, federal involvement in the form of funding, legislative enactments, and subsequent regulations has dramatically increased. Thus, numerous regulations have emerged from federal departments and agencies such as the U.S. Department of Education and the Office for Civil Rights. These regulations provide guidance to state and local educational agencies regarding educators’ responsibilities and students’ rights. For example, the rights of students with disabilities are protected under the Individuals with Disabilities in Education Act (IDEA) and are further explained in the IDEA regulations, which are issued by the Department of Education. Likewise, the educational rights of English language learners (ELLs) are protected by Title VI of the Civil Rights Act of 1964 and are enforced through regulations issued by the Office for Civil Rights. The legal background of regulations and how they are created are discussed in this entry.Legal ContextGovernmental powers are vested by the U.S. Constitution in three separate branches: the executive, legislative, and judicial. Following a strict concept of separation of powers, each of these three governmental branches has the power and responsibility to act according to constitutional guidelines. The legislative branch has the primary power to make laws and to provide for the necessary policies and procedures to enact the laws. Regulations typically emerge as a direct result of this exercise of lawmaking power by the legislative branch.Federal or state legislatures may delegate rulemaking authority and regulatory powers to specific agencies or departments in the executive branch of government. These governmental agencies or departments may then fulfill these delegated powers and responsibilities by issuing, or promulgating, regulations. During the 1930s, a surge of New Deal legislation emerged from Congress that began to delegate greater authority for issuing detailed regulations to various federal departments and agencies.Regulations are issued by governmental agencies in order to accomplish the specific purposes of federal, state, or local statutes. In other words, governmental agencies are granted the authority and responsibility to promulgate reasonable rules and regulations in furtherance of the delegated legislative powers. While governmental agencies may be granted specific authority to carry out the terms of a given law, this authority is subject to various limitations upon such regulatory functions.These limitations include, for example, a limit upon the regulatory authority of governmental agencies based upon constitutional rules and legal standards. Another limitation upon the regulatory authority is the mandate requiring that regulations conform to or not exceed the delegated powers inherent in the originating statute. Finally, governmental agencies are expected to adopt regulations in order to provide a mechanism for understanding, interpreting, enforcing, and overseeing the legislative purpose of a given statute or law.How Regulations Are MadeRegulations typically emerge following consultation with the various individuals, industries, and institutions that will be affected by the regulations. In fulfillment of these expectations, governmental agencies publish a proposed regulation and then offer a period of time during which interested and affected parties tire given an opportunity to comment on the proposed regulation. Federal agencies must adhere to the Administrative Procedure Act, which mandates the publication of proposed and final regulations or rules in the Federal Register following the provision of notice and the opportunity for interested persons to share their views via written or oral presentation.At the federal level, the proposed regulation appears in the Federal Register, which is published 5 days a week, while at the state level, the commentary process varies widely and may depend heavily upon which state agency is proposing the regulation. During and following the public commentary period, a proposed regulation may be altered significantly. The final regulation, however, is expected to provide practical guidance to affected individuals and to the public agency responsible for implementing the originating statute. Final regulations issued by federal agencies are published in the Code of Federal Regulations and are arranged by subject. Regulations affecting education can be found primarily in Title 34 (Education) of the Code of Federal Regulations.Even though the definition of regulation is typically broad, this term does not encompass all agency pronouncements. First, courts have determined that federal regulations have the full force and effect of law only when they have been adopted by governmental agencies for the purpose enforcing acts of Congress . Second, courts have repeatedly held that regulations must be filed and published in order to be effective as a matter of law. In theory, however, regulations do not have the effect of law because they are not the work of legislatures. Yet given the practice of judicial review of administrative action, regulations are typically a significant factor influencing the outcome of cases in which regulatory activity is involved.Legislative efforts to reauthorize existing federal statutes and to adopt new laws are likely to continue. With the passage of the Elementary and Secondary Education Act of 1965 (ESEA), currently reauthorized as the No Child Left Behind Act of 2001, the

6/18

SLUDL Topicality (Negative Files) (JV & V)legislative and executive branches of government have demonstrated a heightened interest in state and local educational issues. As a result of this interest, federal departments and agencies have issued and continue to issue regulations that directly impact state and local educational agencies.

B. Violation: The Affirmative uses the courts as an actor, that cannot be a regulation

C. Voter for Fairness: Voting issue to preserve limits and negative ground. Allowing the court as an agent explodes the topic by introducing multiple legal grounds to rule upon, makes the topic bidirectional by allowing the court to strike down federal action, and forces us to research an entirely distinct and huge body of legal literature. Courts should be negative ground – it’s the only predictable generic on a regulation topic

7/18

SLUDL Topicality (Negative Files) (JV & V)

T – Regulations Exclude Courts Extensions Regulations are exclusively agency actions based upon Congressional delegations – reject the broader restriction interpretation which doesn’t reflect a term of artEllig, 10 - Dr. Jerry Ellig is a Senior Research Fellow at the Mercatus Center at George Mason University (“The Future of Regulation,” http://publicpolicy.pepperdine.edu/academics/research/policy-review/2010v3/content/the-future-of-regulation.pdf

Many times in casual conversation the term ‘regulation’ is used to refer to any restriction imposed by the government that defines certain actions as legal or illegal, but the definition is actually more specific. Regulation occurs when a legislature delegates some of its lawmaking power to a regulatory agency, which then issues detailed rules, the purpose of which is to carry out the intention of the legislature. Regulations are issued by a regulatory agency, with the intention of filling in the gaps in legislation. In the case of federal regulation, it fills in the gaps left by the U.S. Congress. Two kinds of regulatory agencies exist at the federal level in the United States. Many regulatory agencies are actually part of the executive branch and their top officials are hired and can be fired by the President. These include agencies, such as the Environmental Protection Agency, the various agencies that regulate transportation within the Department of Transportation, and any position within a Cabinet department. All these regulatory agencies are directly responsible to the President.There are also independent regulatory agencies, that is, agencies that are independent of the President, but not independent of Congress. These agencies usually have the word “commission” in their title. The President usually appoints the commissioners, who run these agencies for a fixed term, with the consent of the Senate. The President cannot fire them, and as a result, these agencies tend to function relatively independently of the executive branch. They do not necessarily act independently of Congress, since Congress ultimately approves the budget and writes the laws that the agencies are supposed to implement. Examples of this type of agency are the FCC, Consumer Product Safety Commission, Security and Exchange Commission, and Commodity Futures Trading Commission. The Federal Reserve is also considered an independent regulatory agency.The most significant difference between the independent agencies and the executive agencies is that executive agencies are supposed to operate within rules laid out in executive orders. Democratic and Republican administrations issue executive orders and these orders explain how agencies ought to analyze regulations. The White House has the ability to tell these agencies, “No, you can’t issue that regulation, because you haven’t done your homework.” The independent agencies, on the other hand, have not traditionally been subject to that kind of oversight by the White House.Regulations are made through an organized process. There must be authorization in legislation for a regulatory agency to enact a piece of regulation, and it must be empowered to issue a particular regulation by Congress. The agency must issue any proposed regulation for public comment, and it will take comments on the proposed regulation for an average of sixty to ninety days. It will then rewrite the proposed regulation, and issue its final regulation. The regulation may go through several rounds of proposals and revisions. The Office of Management and Budget (OMB) reviews regulation produced by executive agencies, both before it is released for comment and before it is officially published. Finally, before any agency publishes a regulation, Congress is able to review that regulation. Although Congress could nullify any regulation at any time, it also has an expedited process for reviewing regulations under the Congressional Review Act. This Act allows Congress the power to quickly veto a proposed regulation or to veto a final regulation after it is published by the passage of a joint resolution by a simple majority.5 The Congressional Review Act has only been invoked once in history.

8/18

SLUDL Topicality (Negative Files) (JV & V)

T – Regulations Exclude Courts Extensions

Our interpretation reflects how federal law defines education regulations – they’re agency actions with a preceding Congressional grant of authority

Kovachevich, 13 - * Law Clerk, Hon. Eric N. Vitaliano, Eastern District of New York. J.D., 2013 (Britton, “MAKING IT TO CLASS: SOCIOECONOMIC DIVERSITY AND THE STATUTORY AUTHORITY OF THE DEPARTMENT OF EDUCATION” 16 N.Y.U. J. Legis. & Pub. Pol'y 757, lexis)

The power of the Secretary of Education to pass regulations by notice-and-comment rulemaking is clearly (and sweepingly) laid out in 20 U.S.C. § 1221e-3, which holds that:The Secretary, in order to carry out functions otherwise vested in the Secretary by law or by delegation of authority pursuant to law, and subject to limitations as may be otherwise imposed by law, is authorized to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of operation of, and governing the applicable programs administered by, the Department. n150Additionally, the power of law carried by regulations made by the Secretary is clarified in 20 U.S.C. § 1232(a), which states that:For the purpose of this section, the term "regulation" means any generally applicable rule, regulation, guideline, interpretation, or other requirement that - (1) is prescribed by the Secretary or the Department; and (2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable program. n151Section 1221e-3 makes clear that the Secretary may regulate under any Congressional grant of authority delegated or assigned to him/her. This includes, I suggest, the authority discussed above, in the DEOA and other pre-DEOA statutes. Section 1232(a) in turn adds that such regulations affecting the provision of federal funds to universities would carry the power of law.

Federal regulation means an agency rule delegated by Congress

Smith, 16 - A DISSERTATION in Higher Education Management Presented to the Faculties of the University of Pennsylvania (Zakiya, “US PRESIDENTS AND STUDENT LOAN POLICY: HOW POLICY THEORY APPLIES ACROSS 20 YEARS OF FEDERAL HIGHER EDUCATION POLICYMAKING” Proquest)

The term ‘regulation’ refers to an official federal rule outlined in the Code of Federal Regulations (CFR). According to the National Archives, “[t]he Code of Federal Regulations (CFR) is an annual codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government” (National Archieves, n.d.). These rules are rooted in laws passed by Congress, but can be updated periodically without new Congressional directive. Regulations are an agency’s interpretation of the law and can be influenced by the presidential administration in power at any given time.

9/18

SLUDL Topicality (Negative Files) (JV & V)

T – Regulations Exclude Courts: Ans 2 Courts can fund Judicial funding mandates only increase funding by effectGalindo, 8 – Executive Vice President at the Tax Foundation (Paul, “Indiana Court Should Avoid Education Finance Mess: Bonner v. Daniels” 8/18, https://taxfoundation.org/indiana-court-should-avoid-education-finance-mess-bonner-v-daniels/

The Tax Foundation’s report on education finance litigation shows that, after an initial lawsuit, courts typically require the legislature to “fix” the education system, strongly hinting that the only proper solution is to increase funding. Although judicial mandates often lead to funding increases, they often do not lead to improvements in student performance. Schools may fail to put funds to their best uses, leaving plaintiffs unsatisfied and prompting their return to court. The result is an endless cycle of resource-draining litigation. (See, as one example, Paul Galindo’s blog post on the New Jersey Abbott litigation of 17 education finance cases over 12 years.)

It’s a probabilistic increase at best – which allows the aff to dodge arguments based on certaintyWeishart, 16 - Visiting Associate Professor, West Virginia University College of Law (Joshua, “RECONSTITUTING THE RIGHT TO EDUCATION” 67 Ala. L. Rev. 915, lexis)

Even so, the existence of a genuine claim-right should not hinge on whether, and to what degree, the legislature acted in response to the court's judgment, be it declaratory or injunctive. Legislatures have resisted full compliance with both remedies. n197 In theory, courts possess inherent powers to issue contempt citations for such disobedience. n198 And the Supreme Court of Washington has exercised that power, holding the state in contempt and eventually imposing a $ 100,000-a-day fine when the legislature failed to fulfill the constitutional mandate. n199 Other courts have reserved the option of closing public schools entirely until the legislature complied. n200 But as one state supreme court justice somberly observed in contemplating whether legislators could be held in contempt of the court's school funding decisions, enforcement of a contempt order also "poses [*948] concerns" because a court "has no concrete powers like the sword (executive) or the purse (legislative) with which to carry its judgments into effect." n201 A contempt order might also run afoul of legislative immunity and separation of powers principles. n202Bauries thinks that the potential for such inter-branch conflicts, which he predicts "the legislature would likely win," means that "Hohfeldian claim-rights to educational resources and services are unworkable , at least where such claim-rights run against the state legislature to compel adequate funding or resources." n203 But such inter-branch tension inheres in the adjudication of nearly every constitutional right; it is not unique to the enforcement of the right to education. n204 In fact, "federal courts, particularly the Supreme Court, have tended to be reluctant not just to accord broad structural remedies, but to accord any remedies at all in many instances, even when federal constitutional and statutory rights have been violated." n205 If constitutional rights have to be fully effectuated by all three branches of government before they can take the form of a claim-right, then there would be virtually no constitutional claim-rights.

Judicial funding orders don’t guarantee an increase in funding

Santos, 16 – staff writer (Melissa, “Controversial school-funding rulings prompt crowded Supreme Court races” 6/3, News Tribune (Washington), http://www.thenewstribune.com/news/politics-government/article81681377.html

Yet Scott Bauries, an associate professor of law at the University of Kentucky who studies state constitutions, said there’s “at least a strong argument that the court has gone too far” in Washington.Enforcing an order that guarantees a right to something — like a uniformly funded statewide education system — is more difficult than intervening to halt policies that could do harm, and can result in courts meddling in areas that typically are the province of the legislative branch, he said.That can result in an escalating standoff where a court is either unable to enforce its orders or is faced with the choice of having to back down — something that would damage the court’s ability to have its orders carry weight in the future, he said.“It’s almost inevitable to create a constitutional crisis when those orders are issued,” he said.

10/18

SLUDL Topicality (Negative Files) (JV & V)

T – Regulation Excludes Congress (1NC Shell) A) Interpretation 1) Regulation is distinct from a statute CPRE, 92 – Consortium for Policy Research in Education (“Ten Lessons About Regulation and Schooling”, http://www.cpre.org/sites/default/files/policybrief/850_rb09.pdf

re*gu*la*tion\,« 1: the act of being regulated 2 a: an authoritative rule dealing with details or procedure b: a rule or order having the force of lawstat*ute\,/i 1: a law enacted by the legislative branch of a government.Source: Webster's Ninth New Collegiate Dictionary(Merriam-Webster, 1987).

2) Regulation is defined by Merriam Webster as: (https://www.merriam-webster.com/dictionary/regulation

a rule or order issued by an executive authority or regulatory agency of a government and having the force of law

B) Violation: A regulation is a specific term referencing an executive order/directive or internal guidance by the agency… in this case, the U.S. Department of Education

C) Voting issue for limits, ground and topic education – maintaining a strict separation between regulation and statutes is keyCPRE, 92 – Consortium for Policy Research in Education (“Ten Lessons About Regulation and Schooling”, http://www.cpre.org/sites/default/files/policybrief/850_rb09.pdf

The term "regulation" takes on a number of meanings in discussions of education governance. Lack of clarity about the nature and source of external restrictions hinders discussions about the relationship between regulation and constraints on practice.Policymaker and educator references to education regulation frequently encompass a variety of governmental policies, including but not limited to regulation . The term is used to refer to policies that set standards, be they laws or statutes, rules with the force of law, or guidelines that are in fact voluntary. Only sometimes is the term regulation applied literally to rules established, generally by state boards of education, to implement statute.The confusion about regulation is not merely semantic. Often, efforts by states to deregulate apply only to regulation and not to statute.Sometimes specific statutory provisions are designated as waivable. However, many recent deregulatory programs, whether legislatively sanctioned or not, involve the discretion of state boards and education agencies over their own rules. Legislatures are reluctant to grant boards similar authority over the application of statute.Ironically, as legislatures become more active education policy leaders, more policy which may have been subject to regulation in the past is now incorporated in statute. Deregulatory efforts may disappoint those expecting most state policy to be subject to waiver or elimination when in fact only literal regulation is at issue.Another consequence of the ambiguity surrounding the term regulation is the inability of educators to identify the governmental source of constraints on practice. "Regulation" is used by local educators to refer to federal, state and local policy as well as to the interpretation of federal policy by states and the interpretation of federal and state policy by districts. As a result, complaints about policy barriers are frequently inaccurate ; educators identify barriers that are not in fact rule-based or cast the wrong government in the role of regulator. Sometimes the complainants lose credibility in the process.

11/18

SLUDL Topicality (Negative Files) (JV & V)The effect of the ambiguity may be to misstate the constraints imposed by regulation and to pin too much hope on the potential of deregulation as a strategy to encourage school innovation. Policy discussions of deregulation would benefit from precision and clarity . In considering deregulation as means of enhancing school flexibility, policymakers should assess the contribution of each of the following to creating constraints on practice: statute, rule, guidelines, policies and interpretation of these instruments by local educators and policymakers.

12/18

SLUDL Topicality (Negative Files) (JV & V)

T – Regulations are Executive Agency Extensions Regulations are legally binding agency rulesLopez, 10 - Submitted in partial satisfaction of the requirements for the degree of MASTER OF SCIENCE in COUNSELING (Vocational Rehabilitation) at CALIFORNIA STATE UNIVERSITY, SACRAMENTO (Irene, “DEPARTMENT OF REHABILITATION HANDBOOK OF KEY INFORMATION IN THE REHABILITATION ADMINISTRATIVE MANUAL” http://scholarworks.calstate.edu/bitstream/handle/10211.9/592/final.pdf?sequence=1

Today, the rules that are created and used by agencies are called "regulations.” These regulations are designed to direct the activity of those regulated by the agency and the activity of the agency employees. According to Lehman and Phelps (2005), regulation is defined as ". . . a rule of order having the force of law, prescribed by a superior or competent authority, relating to the actions of those under the authority's control” (p. 272).Agencies have the power to create regulations for internal “rule of order” to be followed by those consumers at the agency and by that agency‟s staff. The creation of and use of regulations is to “. . . provide clarity and guidance in their respective areas of the law” and “. . . to carry out what the agency believes is the legislative intent” (Lehman & Phelps, 2005, pp. 272-273).

That’s distinct from statutes or constitutional interpretationImber and Van Geel, 10 - *Michael Imber (Ph.D., Stanford University) is Professor of Educational Leadership and Policy Studies in the School of Education at the University of Kansas AND **Tyll van Geel (Ed.D., Harvard University; J.D., Northwestern University) is Taylor Professor of Education Emeritus in the Graduate School of Education, University of Rochester (A Teacher’s Guide to Education Law, p. 3-4)

RegulationsRegulations differ from both constitutions and statutes. Most regulations are created by public departments, agencies, or bureaus that in turn are created by statutes. Regulations are designed to implement the goals and fill in the details of legislation. A regulation must meet three requirements: it must have been adopted according to a procedure prescribed in a statute, its substance must be consistent with the statute the regulation is intended to implement, and the statute itself must be constitutional.Many of the specifics of education law are found in regulations issued by state departments of education, the U.S. Department of Education or its predecessors, and other state and federal agencies. For example, most of the rules governing the treatment of students with disabilities under the Individuals with Disabilities Education Act are contained in regulations created by the Department of Education. States also have extensive sets of regulations that provide further specifics concerning the required treatment of pupils with disabilities. Educators are as legally bound by these regulations as by the statute itself.

13/18

SLUDL Topicality (Negative Files) (JV & V)

T – Education must be curriculum (1NC Shell) A. Interpretation: “Education” is limited to the curriculum – modifying the school system is beyond the resolutionKumar 17 – Deputy Dean at the University Information Centre, (Satish, “MEANING, AIMS AND PROCESS OF EDUCATION”, https://sol.du.ac.in/mod/book/view.php?id=1448&chapterid=1321)Narrower and Broader Meaning of Education Education in the Narrower Sense In its narrow sense , school instruction is called education . In this process, the elders of society strive to attain predetermined aims during a specified time by providing pre-structured knowledge to children through set methods of teaching . The purpose is to achieve mental development of children entering school. To make of narrow meaning of education more clear, the following opinions of some other educationists are being given- · The culture which each generation purposefully gives to those who are to be its successors, in order to qualify them for at least keeping up, and if possible for raising the level of improvement which has been attained. John Stuart Mill · In narrow sense, education may be taken to mean any consciously directed effort to develop and cultivate our powers. S. S. Mackenzie · Education is a process in which and by which knowledge, character and behaviour of the young are shaped and moulded. Prof. Drever · The influence of the environment of the individual with a view to producing a permanent change in his habits of behaviour, or thought and attitude. G. H. Thompson Education , in the narrower sense, is regarded as equivalent to instruction . It consists of the “specific influences” consciously designed in a school or in a college or in an institution to bring in the development and growth of the child. The word school includes the whole machinery of education from Kindergarten to the University . The education of the child begins with his admission in the school and ends with his departure from the University. The amount of education received by the child is measured in terms of degrees and diplomas awarded to him. The school represents formal education as it imparts education directly and systematically. There is deliberate effort on the part of the educator to inculcate certain habits, skills, attitudes or influences in the learner, which are considered to be essential and useful to him. According to John Dewey: “The school exists to provide a special environment for the formative period of human life. School is a consciously designed institution, the sole concern of which is to educate the child. This special environment is essential to explain our complex society and civilization”. The influences or modes of influences in the school are deliberately planned, chosen and employed by the community for the welfare of the members of the rising generation. The purpose of these influences is to modify the behaviour of the child in such a way that he may become different from what he would have been without education. It makes possible a better adjustment of human nature to surroundings. According to Mackenzie, education, in the narrower sense, is conscious effort to develop and cultivate our innate powers. Education, in the narrow sense, is also regarded as acquisition of knowledge. According to it education is a process by which knowledge or information on a subject is acquired. But many sensible educationists have criticized this view. They argue that emphasis on the knowledge is likely to reduce all schools to mere knowledge-shops. The acquisition of knowledge is not the only or supreme aim of education, yet it is one of the important aims of education. Education in the Broader Sense In its wider sense , education is the total development of the personality . In this sense. Education consists of al l those experiences , which affect the individual from birth till death . Thus, education is that process by which an individual freely develops his self according to his nature in a free and uncontrolled environment. In this way, education is a life long process of growth environment.

B) Violation – the affirmative ‘regulates’ or ‘increases funding’ for the _____________________________. This is distinct from the educational curriculum.

C) Voter for Fairness: Only our interp creates a functional limit and ensures the neg has a stable mechanism to generate offense – the alternative topic would be school reform not education reform.

14/18

SLUDL Topicality (Negative Files) (JV & V)

T - Education = Curriculum Ext. Education only includes curriculum - excludes nutrition, infrastructure, and social services.

GAO Report on Federal Education Funding, January 2010“Overview of K-12 and Early Childhood Education Programs,” GAO 10-51, http://www.gao.gov/new.items/d1051.pdfWe used the following methodologies to develop our findings. We worked with officials from the Department of Education (Education), the Office of Management and Budget (OMB), and several other federal agencies to develop a standard definition and criteria to identify relevant K-12 and early childhood education programs. For purposes of this study, we developed a standard definition and criteria to identify relevant K-12 and early childhood education programs:• “Federal education program” refers to any activity authorized by Congress designed primarily to address and improve K-12 education or early childhood education.Federal K-12 and early childhood education programs are those that meet the following criteria:• have a primary focus on any level of K-12 or early childhood education,• emphasis of program’s objectives is enhancing student learning throughschool activities and curricula, and• K-12 or early childhood students or teachers are the main beneficiaries ofthe program.Developing a single definition for the wide variety of federally funded K-12 and early childhood education programs is challenging, particularly in the context of ensuring that officials across agencies understand the definition and apply it consistently when completing our questionnaire. A broader definition than the one we developed would result in a larger list of programs, but the connection that some programs have to education may not be apparent. For example, our definition excludes food nutrition and infrastructure programs, which provide billions of dollars to schools but do not directly achieve the objectives of enhancing student learning through school activities and curricula. Creating a single definition for federal education programs is also challenging because some education programs provide funding for noneducation purposes. For example, in addition to providing funding for education, the Head Start program provides funding for health, nutritional, and social services to young children enrolled in the program. In appendix II we list all of the federal K- 12 and early childhood education programs identified through our study as well as the funding amounts for each program from 2006 through 2008. These funding amounts reflect the total appropriated budget authority for each program, although some portion of the funding may be used for purposes other than K-12 and early childhood education, as is the case with Head Start.We developed a preliminary list of K-12 and early childhood education programs that met our definition and criteria based on reviews of the Catalog of Federal Domestic Assistance and Department of Education program lists. We contacted all 15 executive branch agencies and 10 independent federal agencies outside the cabinet departments to verify the accuracy and completeness of our preliminary list of programs. Of the 25 federal agencies we contacted, 20 indicated that they had K-12 and early childhood education programs meeting our definition and criteria. Finally, we used a Web-based survey to obtain information about the 229 programs confirmed by each agency and received a 100 percent response rate. After reviewing survey responses for these 229 programs, we identified 151 programs that met our definition and criteria and received federal funding in at least one of the three fiscal years included in our analysis, fiscal years 2006, 2007, and 2008.3*The practical difficulties of conducting any survey may introduce nonsampling errors. For example, differences in how a particular question is interpreted, the reliability of data self-reported by agency officials, and the extent to which questions are not answered can introduce unwanted variability in the survey results. We took steps in the development of the questionnaires, the data collection, and the data editing and analysis to minimize nonsampling errors. For example, we pretested the questionnaire with officials at six agencies to refine the survey instrument, and we contacted individual respondents, if necessary, to clarify answers.*Footnote 3 Based on this review, we excluded 78 programs from our analysis because they (1) did not fully meet the definition and criteria; (2) did not receive funding in any of the fiscal years included in our review; (3) were initially identified by agency officials as a stand-alone program, but were ultimately categorized by agency officials as a project under the umbrella of a larger federal education program within the agency; or (4) were duplicate programs.

15/18

SLUDL Topicality (Negative Files) (JV & V)

T - Education = Curriculum Ext.

There is a distinction with a difference – proves the literature base is separate and explodes the lid on the topic

Miller, 9-9-13 - (Darrow, "School vs. Education: The Difference Matters" darrowmillerandfriends.com/2013/09/09/school-vs-education/Schooling In 1828, Noah Webster defined schooling as “instruction in school.” School is a place where instruction occurs. Even more instructive is the etymology of the word “school.” The OED listing looks as follows: SCHOOL, n. [L. schola; Gr. leisure, vacation from business, lucubration at leisure, a place where leisure is enjoyed, a school. The adverb signifies at ease, leisurely, slowly, hardly, with labor or difficulty. I think, must have been derived from the Latin. This word seems originally to have denoted leisure, freedom from business, a time given to sports, games or exercises, and afterwards time given to literary studies. …] The school is place where “leisure is enjoyed,” a place free from work. Literary studies take place after schooling. The idea of “‘students attending a school’ is attested from c. 1300; sense of ‘school building’ is first recorded 1590s.” Education While “school” denotes a building, “education” means the formation of a life. In 1828, Noah Webster defined education as follows: n. [L. educatio. ] The bringing up, as of a child, instruction; formation of manners. Education comprehends all that series of instruction and discipline which is intended to enlighten the understanding, correct the temper, and form the manners and habits of youth, and fit them for usefulness in their future stations. Note that education is comprehensive. It deals with both the gaining of knowledge and the development of character – virtue. And the combination of virtue and knowledge leads to wisdom. School vs. EducationThe OED dates the word education to 1530 and defines its use as “childrearing.” This comes “directly from Latin educationem (nominative educatio), from past participle stem of educare.” From 1610 the word was used “of education in social codes and manners; meaning ‘systematic schooling and training for work.’” The words schooling and education have very different meanings . The former relates to a place – a building, a place of leisure separated from work itself and from the preparation of a person for work. The latter is a process of instruction that prepares the mind with knowledge and understanding, the heart with virtue, and the will with wisdom. It prepares people for life and work. School vs. education: the modern word has lost this distinction. Don’t let your schooling stand in the way of your education.

16/18

SLUDL Topicality (Negative Files) (JV & V)

Education = Curriculum Extra T

At best they’re extra-T which is an independent voting issue – there are an unlimited number of things the aff can do that aren’t related to regulating or financing the curriculum

Hannah-Jones 14 ( Nikole is a reporter for The New York Times Magazine, “School Districts Still Face Fights—and Confusion—on integration” https://www.theatlantic.com/education/archive/2014/05/lack-of-order-the-erosion-of-a-once-great-force-for-integration/361563/)Today, this once-powerful force is in considerable disarray. A ProPublica examination shows that officials in scores of school districts do not know the status of their desegregation orders, have never read them, or erroneously believe that orders have been ended. In many cases, orders have gone unmonitored, sometimes for decades, by the federal agencies charged with enforcing them. At the height of the country's integration efforts, there were some 750 school districts across the country known to be under desegregation orders. Today, court orders remain active in more than 300 districts. In some cases, that's because judges have determined that schools have not met their mandate to eliminate segregation. But some federal courts don't even know how many desegregation orders still exist on their dockets. With increasing frequency, federal judges are releasing districts from court oversight even where segregation prevails, at times taking the lack of action in cases as evidence that the problems have been resolved. Desegregation orders were meant to guarantee black and Latino children the right to an equal education. They addressed a range of issues, including the diversity of teaching staff, racial balance in schools, curriculum, discipline and facilities . The orders uniquely empower parents to fight actions by school districts that might lead to greater segregation or inequality. In districts under court order — having been found in violation of the constitutional rights of black children — parents do not have to prove intent, only that black students could be harmed. Since the 1990s, the Supreme Court has sharply curtailed the power of parents to challenge racial inequities in schools. Districts not under court orders are largely prohibited from considering race to balance schools. And parents in these districts must show that school officials are intentionally discriminating when they make decisions that adversely affect black and Latino students. And so, as desegregation orders are ignored, forgotten, or lifted, black parents are losing the ability to effectively challenge school inequality.

17/18

SLUDL Topicality (Negative Files) (JV & V)

Fairness > Education (as a standard/voter) 1. Fairness leads to an educational debate

A. Fairness in debate rounds leads to more clash and that betters arguments and increase the amount of arguments made in the round causing for an overall rise in education

B. Fairness leads to a more predictable one which means the negative can provide qualified evidence into the round doubling the amount of knowledge gained in the round actually giving the round more educational value.

C. With a more fair debate people are more motivated to do research this improves the quality of arguments both on the negative and the affirmative side of the debate round. We turn education!

2. Fairness is best for debate as a whole. Debate is a competition if it is not fair people will not compete because they are at a disadvantage.

3. Fairness increases other skills gained through debate such as research skills, speaking skills and critical thinking skills. None of this is offered by education because if only one side has arguments we lose the benefits of debate

4. Vote aff/neg because not only turn education but improve other important skills through fairness which outweigh education because they are prerequisites to gaining useful knowledge.

18/18