EDA 710 SCHOOL LAW UNIVERSITY OF SOUTHERN MISSISSIPPI Department of Educational Leadership and Research Instructor: Mike Ward

Defining Education Law What is law? A body of principles, standards, and rules that govern human behavior A set of social norms developed by legislative bodies possessing the authority to enact such norms What is education law? All of the above, but focuses on schools and the interactions between schools and their stakeholders

Defining Education Law What is the purpose of law? To create obligations as well as rights, and to impose penalties; To guide human behavior in the interest of both the individual and the common good; To provide guidelines for the peaceful resolution of conflicts arising between the state and individuals/groups, and between individuals/groups

Forms of Law Statutory:U. S. Constitution Federal Statutes State Constitutions State Statutes Administrative:Federal Regulations State Regulations Agency Policies (e.g. board policies) Common Law:Unwritten cultural and social norms. Often defined by courts; hence the term “case law.”

Forms of Law Case Law Originates with the written opinions of the courts: Trial courts rarely issue a written opinion. Appellate and Supreme Court decisions are followed by written decisions and thus have precedental value for individuals, groups, and agencies bound by the decisions. Civil Lawvs. Criminal Law Source:Case law, usuallyStatutory law, usually Parties:Ind/grp vs. ind/grpState vs. ind/grp

Hierarchy of Law U. S. Constitution Federal Statutes Federal Regulations State Constitutions State Statutes Agency Regulations Board Policies

Control of Education Absence of direct mandate in U. S. Constitution, but... State legislatures State agencies (e.g., state board of education, state department of education) Local boards of education/boards of trustees, local central offices Emergence of school governance committees or school-based councils

Federal Role in Education Absence of direct mandate in U. S. Constitution... however... Federal activism in education has increased dramatically in recent decades, and often been justified under the General Welfare and Obligation of Contracts Clauses. Constitutional provisions Federal statutes Federal agencies

Federal Role in Education Constitutional Provisions First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Examples of Application: Aid to nonpublic schools Church/state issues in schools Student expression Academic freedom of teachers Student organizations Collective bargaining

Federal Role in Education Constitutional Provisions Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized. Examples of Application: Standard of reasonable (vs. probable) cause Searches of students, their lockers, and their property Occasionally, similar searches of school employees

Federal Role in Education Constitutional Provisions Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Examples of Application: Applies Bill of Rights safeguards to state actions Due process in matters of student discipline and employee sanctions Personal and professional reputation

Federal Role in Education Federal Legislation Funding Laws: Categorical aid Equity tool Mechanism for reform Civil Rights Laws: Access and equity Discrimination

Federal Role in Education Federal Legislation Sample Statutes: Title VII-civil rights Title IX -gender discrimination ADEA-age discrimination Buckley Amdt.-privacy of records IDEA-students with disabilities FLSA-fair labor standards ESEA/NCLB-compensatory education Additional areas addressed in federal statutes: -school breakfast and lunch programs -career/technical education -even asbestos removal!!

Federal Role in Education Federal Agencies Primary Responsibility U. S. Department of Education Other Agencies Impacting Education Office for Civil Rights Equal Employment Opportunity Commission Environmental Protection Agency

The Courts U. S. Supreme Court Circuit Court of Appeals Federal District Courts Federal Magistrates State Supreme Court State Court of Appeals Chancery Courts, Circuit Courts County Courts Special Cts. (e.g. Juvenile Court) Appellate Courts Trial Courts Appellate Courts Trial Courts

The Courts Elements of a Judicial Decision A written opinion usually includes: -Name of Case-Issues -Facts-Rulings and -Claims Justification -Procedural History-Disposition

Judicial Trends Pre-1954 Post-Brown v. Topeka Correlation between uniformity of standards and level of judicial review Resurgence of federalism on the part of the Supreme Court