The Principal’s Quick Reference Guide to School Law

The School and The Legal Environment: Chapter 2

Purpose of Chapter 2

Review legal processes of our country.

Reminder of the foundations of our legal system.

Identify issues that affect education most often.

Section A: School’s Relationship to the Legal Environment

School must primarily be a safe place that observes the rights of individuals.

Basic Principals of the Legal System

1. Protect Rights

2. Law

3. Separate Systems• Federal• State and Local

4. Law Interpretation

5. Due Process

6. Consent of Governed

Types of Law

Constitutional Law– Broad Philosophical Statements of General

Belief– “the powers not delegated to the US by the

Constitution nor prohibited by it to the states are reserved to the states respectively”

Types of Law

Common Law– Statute not yet been established by courts

Statutory and Administrative Law– Statutory Law adds to or alters Common Law– Administrative Law is designed by

administrative agencies. Not a legislative body or court.

How Laws Are Made and Enforced

Legislative Branch of Government– Making Laws

Executive Branch of Government– Enforces Law– Attorney General is most associated with

Education Judicial Branch of Government

– Interpret laws and settle disputes

Judicial System

Each state has two court systems:

1. Federal Court System• District Courts, Special Federal Courts,

Courts of Appeals, and the US Supreme Court.

2. State Court System

Courts

Original Jurisdiction– Court that hears a case for the first time.

Appellate Jurisdiction– Court that hears a case on appeal.

US Supreme Court– Created directly by the Constitution– One Chief Justice and Eight Associate Justices– “Court of Last Resort”

Court Functions

Deciding Controversies

Interpretation of Enacted Law

Judicial Review

Interpretation of Enacted Laws

1. Literal

2. Purposive

3. Precedent Based

4. Policy Based

Clauses and Amendments of Educational Interest

General Welfare, Amendments and

Articles

General Welfare Clause

Article I, Section 8 of the Constitution– Congress has the power to “lay and collect

taxes, duties, imports and exercises, to pay the debts and provide for the common defense and general welfare of the United States”

This clause is often used as rationale for legislation that affects the operation of public schools.

First Amendment

Funds to nonpublic schools

Freedom of speech – student and teacher

Separation of church and state

Fourth Amendment

Litigation surrounding the searching of students’ lockers and belongings

Fourteenth Amendment

No state shall “deny to any person within its jurisdiction the equal protection of the law”

Due ProcessRace and gender casesClaims of wrongful discharge

Landmark Supreme Court Rulings

That Affect Education Practice

Desegregation

Plessy v Ferguson (1896) “separate but equal”

Reality: separate but unequal

Brown v Board of Education of Topeka (1954) and (1955)

Segregation was not equal.

Move toward desegregation.

Noncompliance remained.

Desegregation Continued

Virginia repealed its compulsory attendance laws, making attendance a matter of local option.

Griffin v County School Board of Prince Edward County (1964)Forced the county to levy taxes and open a public school

Desegregation again

Cases continue:

Milliken v Bradley (1974)

Oklahoma Public Schools v Dowell (1991)

Freeman v Pitts (1992)

Missouri v Jenkins (1995)

All cases from the 1990s deal with reducing federal oversight of desegregation

School Finance

San Antonio Independent School District v Rodriguez (1973)

a. Education not guaranteed by the Constitution

b. Disadvantages resulting from wealth distribution – Doesn’t have to be uniform

School Finance

Serrano v Priest (1971)

- California state Supreme Court held that quality of education could not be happenstance of residence.

- Serrano ruling held until Rodriquez ruling

School Finance

Between 1972 and 1989, state school finance cases were bitter battles over equality of fiscal inputs.

Rose v Council for Better Education, Inc. (1989)

-Found that education in poorer local schools was not as thorough

School Finance

Rose v Council for Better Education (1989) was a decision that held for many years.

Subsequent litigation in school finance have gone back and forth.

Student and Teacher Rights

Pickering v Board of Education of Township High School District 205 (1968)

- Teachers’ exercise of their right to speak out on issues of public concern cannot be used as the basis for dismissal.

Student and Teacher Rights

Mount Healthy City School District Board of Education v Doyle (1977)

- Even if a teacher’s expression is constitutionally protected, school officials are not precluded from disciplining or discharging the employee if sufficient cause exists independent of the protected speech.

Student and Teacher Rights

Givham v Western Line Consolidated School District (1979)

- As long as a teacher’s expression pertains to matters of public concern instead of personal grievances, statements made are constitutionally protected.

Student and Teacher Rights

Board of Regents of State Colleges v Roth (1972)

- A school district is not required to establish cause for nonrenewal of a probationary teacher’s contract.

Special Education

Individuals with Disabilities Education Act (IDEA)

- Children who qualify have a right to a free, appropriate, public education, including special education and related services, in the least restrictive environment.

Church and State

Lemon v Kurtzman (1971)

- Governmental action must have a secular purpose, must have a primary effect that neither advances nor impedes religion, and must avoid excessive governmental entanglement with religion.

Church and State

Other issues:Prayer in schools

Government funding for religious schools

Voucher programs

Title IX (1972)

Prohibit an education program or activity that receives federal funds from denying any individual admission to, participation in, or the benefits of any academic, extracurricular, research, occupational training, aid, service, or other education program or activity on the basis of gender.

Family Education Rights and Privacy Act (1972)

FERPA requires educational agencies and institutions to provide parents with all educational records of their child.

Much, much more in chapter 9.

The Family and Medical Leave Act (1993)

Provides qualifying employee with up to 12 work weeks of unpaid leave in any 12-month period.

Reasons:1. Birth of Child2. Placement of Child for adoption3. Care of Spouse, Child, or Parent4. Serious Injury of Employee

The Family and Medical Leave Act (1993)

Special Conditions Apply:– Return to same job or job of equal pay– Must have worked for employer for the

previous 12 months

Workers’ Compensation

Workers’ compensation insurance is mandated by all states except Texas.

Workers’ compensation benefits are for employees who suffer occupational injuries or other covered ailments including payment for medical treatment, rehabilitation, and time away from work.

School Choice

1. Family Choice

2. Interdistrict Transfer

3. Specialized School Choice

4. Charter Schools

5. No Child Left Behind Schools

Charter Schools

State-sponsored schools created by charter.Usual goal is to improve education for at-

risk students.Less restrictive requirementsGreater funding freedomMajority in Florida, Michigan, California

Vouchers

Essentially allow parents to spend their education dollars where they see fit.

Problems:

1. Religious Schools

2. Unequal Funds

3. Benefits???

4. Results???

Vouchers

Florida was one of the first to allow vouchers.

Unexpectedly low use.OppositionCurrently in use in Washington D.C.Questions of Choice Schools and Vouchers

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