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U.S. Court System Landmark decisions—rulings from the U.S. Supreme Court Federal Court decisions—federal circuit court of appeals and district courts State Court decisions—varies according to state Administrative rulings from State Educational Agencies, the Office of Civil Rights, or other administrative agencies
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Chapter 1: The Legal System
The Legal System
State established and locally administered
Legislative authority over education
Limited authority to ensure individual rights
U.S. Court System
Landmark decisions—rulings from the U.S. Supreme Court
Federal Court decisions—federal circuit court of appeals and district courts
State Court decisions—varies according to state
Administrative rulings from State Educational Agencies, the Office of Civil Rights, or other administrative agencies
Across the U.S.
Federal system= 50 versions
Tremendous variation across states
1,000s of districts
In ConnecticutTown Districts=149Regional=19Magnet = 14Charter = 16
Regional Organization
The CT Provision for Education
CT Constitution:
There shall always be free public elementary and secondary schools in the state.
The general assembly shall implement this principle by appropriate legislation
The Legal System
The Connecticut Court SystemFederal Courts
U.S. Supreme CourtFederal Circuit Court of Appeals Second circuit (CT, NY, VT)U.S. District Court, CT (one in CT)
State CourtsConnecticut Supreme CourtConnecticut Superior CourtConnecticut Circuit CourtConnecticut Appellate Court
The State’s Role
Power originates with a mandate from the state legislature
LSEAs created to act as state agents
LSEAs only have the power granted through statute
CT Interests
Primary interests include:Equal education opportunityMinimum expenditureOpportunities for diverse
experiences
The Legal System
Courts interpret the will of the legislatureTwo key cases in CT:Horton v. Meskill (1977)
State aid formulaSheff v. O.Neill (1995)
de facto v de jure segregationRemedy entrusted to Assembly
Types of Law
ConstitutionalBased on fundamental personal, property, and
political rights
StatutesExpress legislative will and establish lawCommon and effective methodSubject to judicial review
Court/Case LawGeneral and overarchingDerived from actual legal controversies
More on the CourtsPowers and functions of the courts
Maintain separation of powersAssume that legislative acts are fair and not
capricious (burden of proof)Exhaustion of administrative remedies
Interpreting statutesReceive fully into lawReceive as analogyNot receive as fullReceive full but with constraints
Courts (cont.)
Determining ConstitutionalityPresume that it ISStare decisisCourts will follow earlier decision in an orderly
mannerFundamental to the “rule of law”Lower courts will generally uphold higher courts
Court DecisionsUnderstanding judicial decisions
Only facts are relevantRatio decidendi (the point of balance)Courts must decide on what is presentedCan only decide on what is presented
Court Rulings
Understanding judicial decisions (cont.)Can only decide based on a general rule to
be applied across similar casesEverything is important (minority and
majority opinions)Defendant must have an interest in the
proceedingsJudicial precedent vs. persuasive authorityLegal holdings vs. “dicta”
End of Ch. 1
QUESTIONS?
COMMENTS?
CRITICISMS?