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The Evolution of Constitutional Order and the Role of Nonprofit Organizations in
Enhancing Arts Education in K-12 Schools
In recent years, the landscape of K-12 arts education has undergone noteworthy
transformations, particularly with the uprising of nonprofit organizations stepping up to address
gaps left by traditional educational institutions. This shift marks a notable departure from the
original intent of the constitutional order governing education specifically regarding the role of
government and non-government entities. At the core of this evolution lies not in changes within
the Constitution itself but in a series of policy initiatives, legal decisions and educational reforms
that shape the current context of education and the role of nonprofit organizations in this area.
This paper explores the single most significant change to constitutional order in this
context, focusing on the conflicts between governmental and societal perceptions on holistic
education and the ways in which nonprofit organizations have stepped in to fill these gaps.
Examining historical precedents, legal frameworks and contemporary practices, this paper seeks
to shine light on the intricate interplay between constitutional principles, the evolving landscape
of arts education and the transformative power of nonprofit organizations stepping in to fill
educational gaps that foster creative expression, social emotional learning and academic
advancement among students. Specifically answering, how nonprofit organizations have risen to
address the gap in holistic education practices as a result of interpretations of original intent and
the impact this has on the enhancement of long term comprehensive educational models.
Historical Context of Constitutional Order in Education
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The historical context of constitutional order within the United States education system
contains a wealth of debates, interpretations and legal developments that have contributed to the
present relationship between government and education. The Constitutional Framers laid
founding principles that still exist and judicial rulings have both reinforced and challenged these
principles reflecting the enduring and ever evolving tensions between governmental neutrality,
religious freedoms and federalism.
In exploring original intent, the constitutional order governing education in the United
States does not exist within a constitutional framework. The United States Constitution itself
does not explicitly mention education, however, its original intent can be traced back to several
key founding principles laid out by the framers reflecting their perspective on the government’s
role in education. A few of those principles include limited federal role and responsibility, the
promotion of civic virtue, the establishment of public schools and an emphasis on individual
rights (Watts & Rockwell, 1990).
Since the foundation of the United States Constitution, education has been deemed a
states’ issue with primary power in the hands of state and local governments. Arguably, the
framers favored a more decentralized approach to governance resulting in the responsibility of
educational matters shifting away from federal into state and local regimes (Mazurak, 2014)).
Due to this principle, states could tailor educational policies, procedures and curriculum
standards to their own unique needs. Another established principle is that which promotes civic
virtue. The framers believed that education was a key component for cultivating informed
citizenship and believed that it was a central factor of self-governance. Thomas Jefferson is
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noted for emphasizing the importance of public education to nurture democracy, citizenship and
individual liberties (Carpenter, n.d.). With the decentralization of government oversight
regarding education and the push for cultivating active and informed citizenship came the
establishment of public schools. Early American leaders quickly recognized the necessity for
free and accessible schooling for all children and although the content varied by state, many
states ensured provisions for public education were established within their state constitutions to
reflect the commitment to the education of all children (Hubsch, 1989). Lastly, individual rights,
particularly that of the First Amendment’s guarantee of free speech, right to assemble and
petition establish protections for educators’ and students’ ability to express themselves openly
and freely engage in discourse (National Education Association, 2023).
Judicial rulings and legislative actions have also played a critical role in establishing the
relationship between governmental and non-governmental educational entities. As with any
governmental precedent, societal evolutions call for a look back at the original intent and
potential reinterpretations of constitutional principles. Today’s educational landscape reflects
this evolution through 20th century legal precedents that laid the foundation for defining barriers
between governmental and non-governmental agencies in education as seen in Pierce v Society
Sisters (1925) which affirmed parents’ right to choose private education for their children
(Russo, 2000). This resulted in governmental neutrality in school choice (Lubienski, 2006).
Lemon v Kurtzman (1971) established a three-step test which provided the government the
ability to assess the constitutionality of government aid to religious institutions subsequently
resulting in requiring the aid to support a secular mission as to not entangle government and
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religion (Ripple, 1980). Over several decades, charter schools and nonprofit organizations have
risen in education conflating the line between governmental and non-governmental entities
(Potter & Nunberg, 2019). Charter schools, albeit government funded, operate independently
and can be managed by nonprofit organizations. As such, debates have risen concerning
accountability and transparency and appropriate government oversight (Potter & Nunberg,
2019). Additionally, laws such as the Elementary and Secondary Education Act (ESEA) have
established frameworks for governmental funding and educational oversight including
establishing provisions for governmental agencies receiving public funding (Houck & DeBray,
2015).
The historical context of constitutional order in education establishes the foundational
principles and evolution of the American educational landscape. Revisiting the original intent of
the constitutional order in education, which placed great emphasis on state and local
governments, has now resulted in a delicate and complex interpretation to the modern context of
governmental involvement in education, granting space and opportunity to fill what to some has
been deemed a gap in a holistic approach to educating youth.
The Rise of Nonprofit Orgs in Arts Education
Arts education is a critical component to providing a holistic K-12 curriculum granting
students opportunities to foster creativity, self-expression, cultural enrichment and academic
achievement. Despite these factors, schools across the United States experience notable gaps and
challenges in their ability to deliver comprehensive arts education for all students. Challenges
include constraints around funding, curriculum and resource disparities (Shaw, 2017). In
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response to these challenges, nonprofit organizations have risen as integral players to filling the
gaps in arts education and providing new and innovative programming for students.
Nonprofit organizations emerged to fill the gaps in K-12 education in the United States
including arts education. Many addressed the gaps of funding constraints, the narrowing of
curriculum, teacher shortages and issues of equity through community advocacy, philanthropy
and establishing school-based partnerships (Dobbs, 1989). K-12 schools across the United States
face funding constraints due to tight budgets and competing priorities for what is deemed integral
in students’ education (Israel, 2010). As a result, schools are then forced to prioritize core
subjects leaving many arts-based curriculum defunded. Also, standardized testing requirements
and the pressure to meet academic benchmarks have trimmed academic curriculums with greater
emphasis on STEM and language arts courses (Israel, 2010). As such, the arts become devalued
as important to the overall academic curriculum. Many school districts also experience a deficit
of high-quality arts educators to teach the courses resulting in its de-prioritization (Shaw, 2017).
Within education, high-quality is often correlated with specific degrees and licensures deemed
acceptable for educating students in a traditional school setting (Shaw, 2017). As such, artists
are often educated through experience and many lack the necessary credentials to be deemed
worthy of assuming the role of educator in a traditional sense limiting the exposure to students.
In terms of equity and access, arts education opportunities are often unequal, with low-income
students and students of color most disproportionately affected by gaps in programming,
resources and curriculum perpetuating educational inequalities and limiting opportunities for an
enriched and holistic educational experience (Shaw, 2017).
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Nonprofit organizations have filled the gaps left by these challenges through three
distinct factors. First, through community advocacy. Often, members of a community recognize
the needs of their community and seek to quickly raise awareness of the importance of filling the
gap. In many communities around the United States, notably in major cities like Chicago, New
York City and Washington, DC, nonprofit organizations have emerged to provide arts education
because of the mobilized efforts of community advocates (Dobbs, 1989). The second area
includes philanthropic support. Foundations, corporations and individual donors all contribute to
the funding initiatives necessary to support nonprofit arts education and sustain innovative arts
programs (Dobbs, 1989). Lastly, collaborative partnerships through working with schools,
school districts, community-based organizations (CBOs) and government agencies leverage
resources and expand the networks necessary for art education initiatives (Dobbs, 1989). In
addition to these factors, diverse approaches and innovative strategies have been employed by
nonprofit organizations to address gaps in resources and arts programing including developing
arts-integrated curriculum models that work to integrate core curriculum with arts enrichment,
after-school and extracurricular arts programs to supplement through out of school time
initiatives and artist-in-residence programs that tap on professional artists to provide qualified
and expert level experiences to youth (Kim & Mason, 2017). Examining case studies that
provide context and support for the implementation of these initiatives have the potential to
provide policymakers and stakeholders with valuable insights into effective strategies for the
further development of K-12 arts education.
Transformative Impact of Nonprofit Orgs on Arts Education
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The transformative impact of nonprofit organizations on arts education cannot be
overstated. Today, educational priorities are skewed towards measurable outcomes due to
standardized testing emphasizing math, science and English language arts courses resulting in
the sidelining of the arts in school curricula (Shaw, 2017). Likewise, budget constraints, ever-
changing educational policies and qualified teacher pools have contributed to the decline of
holistic educational standards that include arts curriculum in schools. Stepping in to fill the gaps
in curriculum, nonprofit organizations have transformed the landscape of arts education and have
made themselves indispensable in ensuring a well-rounded education for youth.
Nonprofit organizations play a significant role in accessible and equitable access to the
arts (Kukkonen, 2021). Schools in underserved or low-income communities have been the first
to experience a significant reduction or all out elimination of arts programs due to budget
constraints (Shaw, 2017). Nonprofits grant students, irrespective of socioeconomic status, access
to arts education. From visual arts to performing arts, nonprofit organizations possess the
resources through grants, in-kind donations and partnerships to provide students access to what
would otherwise be unaffordable through school-based programs (Shaw, 2017).
In 2015, former President Obama signed the Every Student Succeeds Act (ESSA) which
included that schools should have and would have access to “qualified” educators (Shaw, 2017).
This included teachers having credentials deemed appropriate by each state to qualify them to
teach in a K-12 setting. Despite his inclusion of the arts as a component of a holistic education,
this created another gap. This gap exposed what is deemed qualified to be a professional artist
versus an educator within the school system (Shaw, 2017). Nonprofit organizations began filling
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that gap by partnering with professionals in various artistic disciplines to enhance the quality of
arts education imparted in the students they served. Utilizing professionals in the field to educate
students develops an enriched experience of the various disciplines and exposes them to potential
career paths enhancing the workforce (Kukkonen, 2021).
Nonprofit organizations have also uniquely positioned themselves to expand the
considerations of curriculum design. Nonprofits have been in the forefront of innovation in arts
education and developing curriculum that integrates the arts with STEM programs creating a
new discipline in STEAM (Science, Technology, Engineering and Mathematics) (Perignat &
Katz-Buonincontro, 2019). This evolution in curriculum and convergence of core subjects with
the arts present policymakers and stakeholders with evidence of the value of the arts to
traditional and core curriculum standards. Fostering an educational environment that integrates
the arts across core subject areas results in an expansion of knowledge for students and lays the
groundwork for revisiting policy conversations concerning supporting the arts in schools.
Lastly, another impact of nonprofit organizations is the extension beyond the classroom
enhancing cultural enrichment and cultivating civic and community engagement. Because many
nonprofit organizations collaborate with community-based organizations, cultural institutions
and local artistic professionals, students are granted the opportunity to engage outside of the four
walls of a traditional classroom and connect what they’ve learned with real world practices and
experiences (Kukkonen, 2021). These experiences further enhance students’ learning
experiences and strengthens students’ connection to their community, their state and ultimately
their nation (Kukkonen, 2021).
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Nonprofit Arts Orgs & Original Intent
The emergence of nonprofit arts organizations in the United States, specifically in
supporting K-12 education is not directly linked to any specific constitutional mandate or
original intent concerning education. The United States Constitution does not explicitly address
education resulting in state and local governments assuming the responsibility (Driver, 2018).
The original framers preferred a decentralized approach that has resulted in diverse and nuanced
educational initiatives in response to gaps between society’s interpretation of holistic education
and the government’s perception. The tension arises between the explicit Tenth Amendment
which reserves powers not delegated to the United States by the Constitution, nor prohibited by
it, to the States or to the people and an increasingly universal push for expanded arts education as
a contributor to holistic educational practices (Russo et al., 1994). As time progresses, the
federal government’s role in education has evolved and expanded through legislative acts that
influence education and create a pocket by which nonprofit organizations operate. For example,
the National Endowment for the Arts (NEA) Act of 1965 established a federal agency dedicated
to supporting arts education across the country (Mulcahy, 2010). The organization provides
grants and resources to nonprofit arts organizations to aid in funding educational programs and
initiatives (Mulcahy, 2010). The establishment of the NEA represents a shift in governmental
oversight of educational practices responding to society’s evolving perceptions on holistic
education. The NEA, as it exists today, challenges interpretations of original intent concerning
governmental involvement in education and social policies.
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Arguably, however, the rise in nonprofit organizations can also be deemed aligned with
the Constitution’s original intent regarding principles of democracy, liberty and pursuit of
happiness (Brown, 2024). While not explicit, one can argue that the Constitution implicitly
supports the role of the arts in education as integral to developing well-rounded and informed
citizens (Mulcahy, 2010). As such, nonprofit organizations embody a commitment to these
constitutional values by establishing spaces that attribute to the fundamental advancement of a
democratic society. Nonprofit organizations by nature align with constitutional themes of
individual rights and the promotion of the common good because they are the direct result of
members of society responding to a need in their community to promote the advancement of its
members. Nonprofit organizations ensure equitable access to arts programming including
ensuring underserved and underrepresented communities have access, subsequently leveling the
educational playing field.
The role of the federal government has been forced to evolve with the evolving needs and
perceptions of United States citizens. The role of the government through funding of nonprofits
and the establishments of legislative acts such as the National Endowment for the Arts is
reflective of that evolution. The federal government can maintain its neutrality and distance
concerning education, allowing states to govern themselves accordingly while yet addressing the
societal pushes for holistic education that includes the arts by supporting the work of nonprofit
organizations. The relationship between the government and nonprofit organizations serves as a
mechanism by which the government can respond to the cries and demands of the American
people without trudging into the territory of governmental oversight. Should the federal
government demand that all schools provide specific forms of arts education within traditional
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school contexts, it would likely face lawsuits purporting that it is overstepping its legal rights by
way of the Constitution. The intricacies of that which has not been explicitly named in the
Constitution like education and social policy concerns create a gray area that the federal
government must be delicate in addressing. As such, the government cannot be ignorant of the
evolving needs and desires of its people and must work to find ways of maintaining
constitutional integrity while meeting the needs of its people. The partnership between the
federal government and nonprofit arts organizations demonstrates the malleable yet impactful
approach to maintaining constitutional values and responding to the changing needs of American
society.
Conclusion
The intricacies of the development of the American education system and the rise of
nonprofit organizations dedicated to arts education represent a transformative response to
questions concerning interpretations of the Constitution’s original intent for education. There
was no way the framers could have foreseen or anticipated this evolution yet a zoomed-out
analysis of the calls to action identifies that the broader principles of promoting the general
welfare and securing liberties lie at the heart of this complex relationship. Nonprofit
organizations have emerged to fill the gaps where traditional education models have failed,
namely in terms of holistic educational practices, and have become indispensable in the
advancement of well-rounded educated members of society.
Navigating the journey of nonprofit arts organizations through education exposes a
deeper understanding of the Constitution’s flexibility and capability to adapt the nature of
societal needs over time. Constitutional purists may argue that this conversation is outside of the
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scope of the constitution therefore is illegal in nature while non-originalists would argue that the
original intent of the framers need not be considered, yet the nature of this conversation exposes
a middle ground. One where interpretations of the Constitution should not be rigid but rather
consider the context and the broader messaging. If arts education promotes the general welfare of
the American people, is it not, in turn, supported by originalist interpretations of the
Constitution?
Legislative acts like the National Endowment of the Arts demonstrate a synergy between
addressing societal needs and maintaining integral practices concerning the United States
Constitution. The symbiosis of this relationship also has long term impact on educational models
moving forward potentially shifting the landscape of education for future generations. Does the
increased rise of nonprofit arts organizations serve as a viable alternative to arts education in
schools? Does the opportunity to provide this form of education for all students increase when
subtracted from the traditional school setting? Should traditional K-12 schools be focused on
“core” curriculum standards that enhance people’s abilities to become contributing members of
the American workforce or will nonprofits in turn provide the necessary framework to support
the return of the arts to schools? There are many questions yet to be answered, but one that is
being answered is whether nonprofit organizations have begun shifting the interpretation of
constitutional original intent concerning educational practices and simply put, the answer is yes.
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