Essential Questions:Essential Questions:

What are the sources of law under What are the sources of law under which school administrators operate?which school administrators operate?

How is the U.S. judicial system How is the U.S. judicial system organized?organized?

What are the legal issues pertaining What are the legal issues pertaining to public school administration? to public school administration?

Essential Questions:Essential Questions:

What are the rights of students under What are the rights of students under the law?the law?

What are the major legal issues What are the major legal issues pertaining to schools and the state?pertaining to schools and the state?

Why is it important for administrators Why is it important for administrators to be knowledgeable about the law?to be knowledgeable about the law?

Legal Framework for Public Legal Framework for Public EducationEducation

Federal, State, and Local Federal, State, and Local governments ALL exert some governments ALL exert some control…control…

04/08/23 5

Sources of LawSources of Law

Constitutional LawConstitutional Law Statutory LawStatutory Law

Legislative branch writes law Legislative branch writes law Regulatory LawRegulatory Law

Executive branch administrative Executive branch administrative regulations regulations

Case Law – judge-madeCase Law – judge-made Judicial branch interprets lawJudicial branch interprets law

04/08/23 6

FederalismFederalism Federal ConstitutionFederal Constitution

Federal StatuteFederal Statute The Legislative Branch The Legislative Branch

(Congress) makes law(Congress) makes law Federal Administrative Federal Administrative

Agency Agency The Executive Branch The Executive Branch

(U.S. Department of (U.S. Department of Education -USDOE) Education -USDOE) makes regulationsmakes regulations

The Judicial Branch The Judicial Branch interprets lawinterprets law

State ConstitutionState Constitution

State StatuteState Statute The Legislative Branch The Legislative Branch

(Ohio General (Ohio General Assembly) makes lawAssembly) makes law

State Administrative State Administrative AgencyAgency The Executive Branch The Executive Branch

(Ohio Department of (Ohio Department of Education – ODE) Education – ODE) makes regulations makes regulations

The Judicial Branch The Judicial Branch interprets lawinterprets law

04/08/23 7

State Role in EducationState Role in Education

Tenth Amendment:Tenth Amendment:

“…“…powers not delegated to the United powers not delegated to the United States by the Constitution, nor States by the Constitution, nor prohibited by it to the States, are prohibited by it to the States, are reserved to the States respectively, or to reserved to the States respectively, or to the people.”the people.”

04/08/23 8

State ControlState Control

Public education is a function of state Public education is a function of state governmentgovernment Public schools are political subdivisions Public schools are political subdivisions

of the stateof the state By 1850, all states, through their By 1850, all states, through their

constitutions, provided for a system constitutions, provided for a system of free public educationof free public education The Ohio Constitution requires that the The Ohio Constitution requires that the

state have a state board of education state have a state board of education and a state superintendentand a state superintendent

04/08/23 9

State ControlState Control

The state board of education sets policy, The state board of education sets policy, supervises, and makes budget requests to supervises, and makes budget requests to the legislative branchthe legislative branch

The legislative branch (General Assembly) The legislative branch (General Assembly) enacts law and passes a budgetenacts law and passes a budget

The administrative branch (ODE) creates The administrative branch (ODE) creates regulations to implement the lawregulations to implement the law

The state superintendent is the chief The state superintendent is the chief executive officer of the board and the executive officer of the board and the ODEODE

Federal Influence…Federal Influence…

U.S. ConstitutionU.S. Constitution Article I, Section 8Article I, Section 8

Grants Congress “…the power…to lay and Grants Congress “…the power…to lay and collect taxes…and provide for the Common collect taxes…and provide for the Common Defense and General Welfare of the United Defense and General Welfare of the United States.”States.”

Federal InfluenceFederal Influence

U.S. Constitution – First AmendmentU.S. Constitution – First Amendment ““Congress shall make no law respecting Congress shall make no law respecting

the establishment of religion, or the establishment of religion, or prohibiting the free exercise thereof; or prohibiting the free exercise thereof; or abridging the freedom of speech, or of abridging the freedom of speech, or of press; or of the right of the people topress; or of the right of the people topeaceably assemble, and to petition the peaceably assemble, and to petition the Government for a redress of Government for a redress of grievances.”grievances.”

04/08/23 12

Federal InfluenceFederal Influence

U.S. Constitution–Fourth AmendmentU.S. Constitution–Fourth Amendment ““The right of the people to be secure in The right of the people to be secure in

their persons, houses, papers, and their persons, houses, papers, and effects, against unreasonable searches effects, against unreasonable searches and seizures, shall not be violated, and and seizures, shall not be violated, and no warrants shall issue, but upon no warrants shall issue, but upon probable cause, supported by oath or probable cause, supported by oath or affirmation, and particularly describing affirmation, and particularly describing the place to be searched, and the the place to be searched, and the persons or things to be seized.” persons or things to be seized.”

04/08/23 13

Federal InfluenceFederal Influence

U.S. Constitution–Fourteenth U.S. Constitution–Fourteenth AmendmentAmendment ““No state shall . . . Deprive any person No state shall . . . Deprive any person

of life, liberty, or property, without due of life, liberty, or property, without due process of law; nor deny to any person process of law; nor deny to any person within its jurisdiction the equal within its jurisdiction the equal protection of the laws.”protection of the laws.”

Fourteenth AmendmentFourteenth Amendment

Due Process ClauseDue Process Clause No State shall “…deprive any person of No State shall “…deprive any person of

life, liberty, or life, liberty, or property without due process of law…”property without due process of law…”

Equal Protection ClauseEqual Protection Clause No State shall . . . “deny to any person No State shall . . . “deny to any person

within its jurisdiction the equal within its jurisdiction the equal protection of the laws”protection of the laws”

04/08/23 15

Due Process ClauseDue Process Clause

Deprivation of life, liberty, or Deprivation of life, liberty, or property must be justified by property must be justified by governmentgovernment

Deprivation is determined by the Deprivation is determined by the courtscourts Is a property or liberty interest at stake?Is a property or liberty interest at stake? Has governmental action infringed upon Has governmental action infringed upon

the interest?the interest? Were procedures followed?Were procedures followed?

04/08/23 16

What due process interest is at What due process interest is at stake - property or liberty?stake - property or liberty?

Student expelledStudent expelledfrom schoolfrom school

Graduating senior Graduating senior diploma withhelddiploma withheld

Juvenile offender Juvenile offender incarcerated at incarcerated at homehome

Tenured teacher Tenured teacher terminatedterminated

04/08/23 17

Standards of Review:Standards of Review:Equal ProtectionEqual Protection

Strict Scrutiny TestStrict Scrutiny Test Used when a law facially Used when a law facially

discriminates against a suspect class discriminates against a suspect class (race, alienage, national origin)(race, alienage, national origin)

Used when a fundamental right is Used when a fundamental right is affected (explicit or implicit)affected (explicit or implicit)

Requires a compelling governmental Requires a compelling governmental interest narrowly tailored interest narrowly tailored

04/08/23 18

Standards of Review: Equal Standards of Review: Equal Protection (cont.)Protection (cont.)

If neither a fundamental right nor a If neither a fundamental right nor a suspect class is involved--suspect class is involved--

Use the Rational Basis TestUse the Rational Basis Test Requires that only a rational Requires that only a rational

relationship be shown between the relationship be shown between the policy, practice, or law and the effectpolicy, practice, or law and the effect

04/08/23 19

Standards of Review: Equal Standards of Review: Equal Protection (cont.)Protection (cont.)

Intermediate Scrutiny TestIntermediate Scrutiny Test Used for gender and illegitimacyUsed for gender and illegitimacy Classification must serve important Classification must serve important

governmental objectivesgovernmental objectives Discriminatory acts must be Discriminatory acts must be

substantially related to those substantially related to those objectivesobjectives

04/08/23 20

Meeting Equal Protection Meeting Equal Protection Standards*Standards*

Strict scrutinyStrict scrutiny

Rational basisRational basis

Intermediate Intermediate scrutinyscrutiny

Rational relationshipRational relationship

Legitimate Legitimate classification classification substantially related substantially related to governmental to governmental objectivesobjectives

Compelling interest Compelling interest narrowly tailorednarrowly tailored

04/08/23 21

Which standard: strict, Which standard: strict, intermediate, rational basis?*intermediate, rational basis?*

A student is suspended.A student is suspended. A student is suspended A student is suspended

for giving a vulgar for giving a vulgar speech.speech.

A female teacher alleged A female teacher alleged she was transferred so she was transferred so that a male coach could that a male coach could have her job.have her job.

A teacher is nonrenewed A teacher is nonrenewed after “coming out.”after “coming out.”

A parent alleges A parent alleges that the school that the school board permits board permits secular humanism secular humanism but not Christianity but not Christianity in the school in the school curriculum.curriculum.

A white teacher was A white teacher was RIF’d in favor of RIF’d in favor of retaining minority retaining minority teachers as role teachers as role models.models.

04/08/23 22

Section 1983Section 1983KKK Act of 1871KKK Act of 1871

Prohibits deprivation of constitutional Prohibits deprivation of constitutional rights by persons acting under color of rights by persons acting under color of state lawstate law

Public schools are persons--no immunityPublic schools are persons--no immunity No punitive damages for school districtNo punitive damages for school district Punitive damages for individuals not Punitive damages for individuals not

performing in good faith when they performing in good faith when they should have known established lawshould have known established law

04/08/23 23

Checking for UnderstandingChecking for Understanding

What are the two clauses of the 14th What are the two clauses of the 14th Amendment?Amendment?

What does due process require?What does due process require? What are the three tests to review What are the three tests to review

equal protection violations?equal protection violations? To whom does the Constitution apply?To whom does the Constitution apply? Why are schools affected by the Why are schools affected by the

Constitution?Constitution?

04/08/23 24

You be the Judge: Is there a You be the Judge: Is there a constitutional case to consider?*constitutional case to consider?* Female sues Burger King for violation Female sues Burger King for violation

of free speech after being told to of free speech after being told to leaveleave

African American student sues African American student sues Harvard University for violation of his Harvard University for violation of his right to wear kente cloth to right to wear kente cloth to graduationgraduation

Jewish citizen sues city for placing Jewish citizen sues city for placing creche in town squarecreche in town square

Generally…Generally…

State constitutions contain a mandate for State constitutions contain a mandate for the establishment of public education the establishment of public education systems.systems.

State legislatures enact laws that affect State legislatures enact laws that affect public schools.public schools.

State and local school boards are given State and local school boards are given authority for the operation and authority for the operation and management of schools.management of schools. Policies and rules adopted by the school board Policies and rules adopted by the school board

are to be followed.are to be followed.

The Courts:The Courts:

Federal Court SystemFederal Court System District CourtsDistrict Courts Courts of AppealsCourts of Appeals

Ohio is in the Sixth CircuitOhio is in the Sixth Circuit U.S. Supreme CourtU.S. Supreme Court

04/08/23 27

Federal CourtsFederal Courts

Judges appointed by president and Judges appointed by president and removed only by impeachmentremoved only by impeachment

Supreme Court has nine justicesSupreme Court has nine justices 13 circuit courts of appeal13 circuit courts of appeal 89 federal district courts89 federal district courts Authority only to interpret law--no Authority only to interpret law--no

making or enforcement of lawmaking or enforcement of law

The Courts:The Courts:

Federal Court SystemFederal Court System District CourtsDistrict Courts Courts of AppealsCourts of Appeals U.S. Supreme CourtU.S. Supreme Court

State Court SystemsState Court Systems Trial CourtsTrial Courts Courts of AppealCourts of Appeal State Supreme CourtsState Supreme Courts

In OhioIn Ohio

Trial CourtsTrial Courts Common Pleas CourtsCommon Pleas Courts Court of ClaimsCourt of Claims Probate CourtsProbate Courts Juvenile CourtsJuvenile Courts

Courts of AppealCourts of Appeal State Supreme CourtState Supreme Court

04/08/23 31

State CourtsState Courts

Ohio Supreme CourtOhio Supreme Court 7 elected justices7 elected justices Interpret state statutory and Interpret state statutory and

constitutional lawconstitutional law 12 courts of appeals12 courts of appeals 88 courts of common pleas88 courts of common pleas

04/08/23 32

A LawsuitA Lawsuit

A plaintiff files a lawsuit (e.g., parent, A plaintiff files a lawsuit (e.g., parent, employee)employee)

A defendant defends against the A defendant defends against the lawsuit (i.e., the school board)lawsuit (i.e., the school board)

School law involves civil and contract School law involves civil and contract lawlaw

04/08/23 33

Plaintiff or Defendant*Plaintiff or Defendant*

A parent claims thatthe school boardarbitrarilysuspended her son.

A teacher assertedshe was wrongfullyterminated.

A student believesthat his religiousfreedoms werecurtailed.

The school boardstated it followedpolicy in restrictingthe teacher’s dress.

04/08/23 34

On AppealOn Appeal

Appellant appealsAppellant appeals Appellee respondsAppellee responds No witnessesNo witnesses Court may reverse, Court may reverse,

modify, affirm, modify, affirm, remandremand

04/08/23 35

Appellant or Appellee*Appellant or Appellee*

A parent asks thecourt to reconsiderits judgment infavor of the school.

A school boardasserts that it will“go all the way” tothe Supreme Court.

A teacher vows tobring her suitagainst the principalto court again.

A contractor wholost a liability suitsays he will not giveup.

04/08/23 36

Reading a CaseReading a Case

Miranda v. Arizona, 384 U.S. 436 Miranda v. Arizona, 384 U.S. 436 (1966).(1966).

Miranda v. Arizona, 86 S. Ct. 1602 Miranda v. Arizona, 86 S. Ct. 1602 (1966).(1966).

04/08/23 37

ReportersReporters

Federal ReporterFederal Reporter 742 F.2d 977 (6th Cir. 1984).742 F.2d 977 (6th Cir. 1984).

Federal SupplementFederal Supplement 862 F. Supp. 962 (E.D.N.Y. 1994).862 F. Supp. 962 (E.D.N.Y. 1994).

State ReporterState Reporter 627 N.E.2d 500 (N.Y. 1993).627 N.E.2d 500 (N.Y. 1993).