School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e © 2012 Pearson Education, Inc. All rights reserved. Chapter 1 Legal Framework Affecting Public Schools

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 1-2 The Bill of Rights represents a primary source of individual rights and freedoms under the U.S. Constitution. The first 10 amendments to the Constitution are viewed as fundamental liberties of free people because they place restrictions on the government’s powers to intrude on the fundamental rights of all citizens.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 1-3 These restrictions simply mean that the government cannot exercise certain powers in relationship to free people. For example, the government cannot pass laws prohibiting the freedom of speech.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 1-4 The Federal Constitution The Constitution of the United States is the basic law of the land. It provides a framework of law in which orderly governmental processes operate. The Constitution thus becomes the primary source of law.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 1-5 All statutes enacted at the federal, state and local levels as well as state constitutions and local regulations and ordinances are subordinate to the Constitution. The Federal Constitution is distinguishable in its provision to protect fundamental rights of all citizens of the United States.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 1-6 Inherent among these rights are those involving personal, property and political freedoms. Although the Constitution does not make a reference to education, it does impact the operation and management of schools, particularly with respect to amendments, which protect the individual rights of students, faculty and staff.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 1-7 State Constitutions Based on the Tenth Amendment of the federal Constitution, powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 1-8 State constitutions represent the basic source of law for individual states and generally require legislative bodies to perform various functions including establishing systems of public education. They prescribe funding and operational schemes for public schools.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 1-9 State constitutions may exceed coverage granted by the Federal Constitution but may not fail to meet the basic requirements of the Constitution or contradict it in any manner.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Statutes Statutes represent an act of the legislative branch of government. Statutes are the most abundant source of law affecting public schools. School district policy, rules and regulations are generally based on statutory law.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Statutes represent the most effective means of developing new law or changing old laws. State legislators grant local school boards the authority to adopt and enforce reasonable rules and regulations necessary for the operation and management of schools.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Court or Case Law Case law is generally reflected in judge-made or common law, as distinguished from statutory law. Common law consists of the judgments, opinions and decisions of courts adopting and enforcing preceding usages and customs called precedents.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved State Boards of Education State Boards of Education are administrative agencies created by the state legislature. They determine, to some degree, the direction of education in the state. Public schools are placed under the control of State Boards of Education.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved State Boards may develop policies covering areas such as health and safety, teacher licensure requirements, graduation requirements, and others that are relevant to the educational needs of their state.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Local School Boards Local school boards impact education policy and the administration and supervision of public schools within their district. Their broader role involves the formulation of school district policy which must be consistent with state statute.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved These policies may be accompanied by rules and regulations that provide direction for the operation of schools.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved The U.S. System of Courts The judicial system consists of federal and state courts. The organization of the courts at both levels is essentially the same: trial courts, intermediate courts of appeal and the highest court or Supreme Court.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Federal Courts Federal courts typically deal with cases involving federal or constitutional issues (“federal questions”) or cases in which the parties are residents of different states (“diversity of citizenship”). The Federal Court System includes District Courts, Appellate Courts and the Supreme Court.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved There are 95 federal district courts in the United States. At least one federal court is found in each state. Larger states such as New York and California have as many as four federal courts.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Federal courts usually hear cases between citizens of different states and cases involving litigation of federal statutes. Federal Appellate Courts are represented by Circuit Courts of Appeal.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved There are 13 federal circuit courts including 11 with geographic jurisdiction over a number of states and territories, one for the District of Columbia and another involves three specialized federal courts.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved The primary function of the Appellate Court is to review the proceedings of lower courts to determine if errors of law (as opposed to facts) were committed, such as procedural irregularities, constitutional misinterpretations or inappropriate application of rules of evidence.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved State Courts State courts are a part of each state’s judicial system with the responsibility of hearing cases involving issues related to state constitutional law, state statutes, and common law. Many education cases are heard in state courts, because they do not involve a federal question.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Courts of General Jurisdiction Courts of general jurisdiction are often referred to as district or circuit courts. Their jurisdiction covers most cases except those held for special courts. In many instances, decisions may be appealed from these courts to intermediate appellate courts or even to the state supreme court.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Courts of Special Jurisdiction Courts of special jurisdiction were established to hear legal disputes in special matter areas. They are generally referred to as trial courts with limited jurisdiction and may be called municipal, justice of the peace, probate, small claims, and traffic courts.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Intermediate Appellate Courts Intermediate appellate courts have emerged over the past three decades to hear appeals from trial courts or certain state agencies. Their primary role involves reviewing proceedings from trial courts to determine if substantive or procedural errors occurred in applying the law.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved The Supreme Court The Supreme Court is the highest court in the land. Unlike lower courts, there is no appeal beyond the decision of this court. The Supreme Court’s ruling can only be overturned by an amendment to the Federal Constitution.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Nine justices, including a Chief Justice comprise the High Court. To avoid political infringement, they are appointed to life terms. Cases reach the Supreme Court primarily in two ways—on appeal and by writ of certiorari.