Organization and Legal Framework of Public Education Admin MCLA Leading 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 Governance

Legal Framework

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