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Public School Organization Federal Constitution provisions State statutory provisions Policies and Practices
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Organization and Legal Framework of Public
EducationAdmin 607-1
MCLALeading Schools in context
Barbara Malkas
Organization and Legal Framework of Public Education
What is the difference between a
law, policy, and a regulation.
Public School Organization
• Federal Constitution provisions• State statutory provisions• Policies and Practices
Federal Department of Education
• Non-legislative agency• Advisory to legislative bodies• Regulatory authority• Provision of funds
State Control of Education
• 10th Amendment to the US Constitution• Supreme Court Decisions• State Constitutions• State legislation/school governance• State Attorney General and judicial
decisions
State Board of Education
• Directives for Public School operations• Responsible for recruiting, selecting,
and supervising the work of the Chief School Officer (Commissioner)
• Oversees the work of the state Department of Education
Local GovernanceLocal School Governance
School CouncilsSchool Improvement Plans
TeachersParaprofessionals
Staff Workers
PrincipalsMid-level Management
School Improvement Plans
SuperintendentDistrict Improvement plans
Chief Executive Officer
Local School BoardSchool Committee in MA
Set PolicyApprove funding
Local Governance
District Organization
Principals Curriculum Directors Staff Supervisors
Cabinet
Superintendent
Legal Framework
Federal Department of Education
Federal LegislationCongress
US ConsitutionClauses
Amendments
Judicial System
• Common law/case law• Stare decisis• If school related controversy can be
settled by another agency or if the controversy is complex (e.g. teacher accountability for student performance) then the court will not intervene
Judicial Courts
• State Courts– Lower Courts– State Supreme Court
or Supreme Judicial Court or Superior Court
• Federal Courts– District Courts– Circuit Courts of
Appeal– Supreme Court
Case Study Analysis
• Court Decisions• Reference Federal and State Laws• Decision• Impact of the decision