1. Governance of Public Schools Chapter 4 “ The formation and governance of the public schools probably constitute the most important aspect of government used to improve the condition of humankind.”

2. Education as a State Function Essential attribute of state sovereignty Power to tax, exercise police power, provide for the welfare of the citizenry Governed by the democratic legislative process State constitution is fundamental in matters of education

3. Plenary Power State plenary power means “complete,” “absolute,” and “unqualified,” subject only to defined limits imposed by state and federal constitutions and federal statutes State powers also subject to judicial satisfaction of terms of art such as efficient, thorough, and effective, in state education clauses

4. Governance of Public Schools What are the legal principles that give the state authority to control education? –Education clause –State’s police power → general welfare → control education

5. Governance of Public Schools What was the question under scrutiny in State ex rel. Clarke v. Haworth (Ind. 1890)? –Does the legislature have authority to regulate common schools? “Essentially and intrinsically, the school in which are educated and trained the children who are to become the rulers of the commonwealth are matters of state... jurisdiction.” A uniform system of schools requires authority to be vested with the state ex relatione: legal proceedings that are instituted by the attorney general (or other proper person) on behalf of the state, but on the information and at the instigation of an individual who has a private interest in the matter

6. Governance of Public Schools What does it mean to say that the state’s authority is not distributive? –A central government power residing in the state –Uniform system of public schools is exclusively the province of the legislature

7. Governance of Public Schools What aspects of education come under the direct control of the state? –Power and responsibility to enact laws to govern all aspects of education including the methods of education the nature/number of school districts and their powers can create, alter, or do away with school districts

8. Governance of Public Schools Distinguish the issues between McGilvra v. Seattle School District No. 1 (Wash. 1921) and Clark v. Jefferson County Board of Education (Ala. 1982). –A determination of what powers or authority are granted by the legislature to the LEAs –Medical clinic v. day care center; educational mission

9. Governance of Public Schools Local Control v. State Control –Usually authority bestowed on state –Plenary power may be curtailed by constitution, shifting some control to the LEAs Colorado, Kansas, Virginia, Montana, Georgia, Florida Owens v. Colorado Congress of Parents, Teachers, and Students (Colo. 2004) –Locality has control over locally generated funds –State mandated use of local funds is unconstitutional

10. School Boards School board members are state, not local, officials School board functions are (a) discretionary and (b) ministerial Ministerial v. discretionary –Exact definitions of discretionary & ministerial not completely delineated –Most school board functions are discretionary Board decisions must be lawful

11. Educational Agency Functions: Legislative Executive Judicial

12. Educational Agency Functions Quasi-legislative functions that state agencies perform –Promulgate rules and regulations pursuant to and within the scope of statute = filling in details –Prevents arbitrariness –Doctrine of delegation flexible –Board sets policy; Chief School Officer implements

13. Educational Agency Functions Explain In the Petition to Transfer Territory from High School District No. 6, Lame Deer, Rosebud, County, Montana, to High School District No. 1, Hardin, Big Horn County v. Lame Deer High School District (Mont. 2000). –Unconstitutional delegation of legislative power to superintendent

14. Educational Agency Functions Quasi-executive functions that state agencies perform –Translating statute to policy (interpretation) –Advising on and implementing policy –Ministerial and discretionary aspects

15. Educational Agency Functions Quasi-judicial functions that state agencies perform –Administrative educational tribunals –Quasi-judicial functions sometimes vested in individuals such as state commissioner of education and state boards of education –Two standards (1) fairness (2) reasonableness as opposed to arbitrariness

16. Educational Agency Functions May a school board sit in its quasi-judicial capacity in judgment of a case to which it is a party? Name the case and give details. –Hortonville Joint School District No. 1 v. Hortonville Education Association (1976) Board members had no personal or financial stake in the dismissal of the teachers - no personal animosity Board had statutory duty to negotiate with the striking teachers Due process clause not violated

17. Educational Agency Functions What do the courts consider when they review a challenge to an educational agency’s ministerial actions? –Doctrines of nonfeasance, misfeasance, or malfeasance –Common law remedy Writ of Mandamus Injunction To its discretionary powers? –Fairness and reasonableness –Ultra vires

18. Educational Agency Functions Other circumstances under which the courts may review the actions of an education agency –A power granted an educational agency not properly applied –Agency, official, or tribunal influenced by considerations that could not have been lawfully taken into account, or it ignored obviously relevant considerations –Prescription of law not followed in effecting administrative decisions –Failure by an agency to fulfill its primary purposes by binding itself through its own regulation

19. Educational Agency Functions Procedurally, what must one do prior to seeking a remedy in court? –Anyone aggrieved by an action of an educational agency must seek administrative remedies first How must the court treat administrative findings? –Administrative findings not disturbed by courts unless the findings are “arbitrary, or constitute an abuse of discretion, or are without substantial foundation in evidence, or are obviously clearly wrong, or unless an opposite conclusion is clearly evident.”

20. School Officers In most states a superintendent is considered an employee In some states, they are elected and are therefore school officers How school officers differ from school employees –Have constitutional or statutory powers –Duties performed independently of superior power unless statute provides for a subordinate office –Permanency or continuity defined –Oath of office –Procedure for removal –Public duty, right to resign, permission to resign

21. School Officers Limitations on those who serve as school officials –Conflicts of interest in offices held –Conflicts of interest in business –Nepotism –Removal from office for cause

22. School Board Meetings What are the minimum rules that boards must adhere to when conducting the business of the district? –Must be held within geographic boundaries of the school district –Executive sessions may be used for discussion but NOT action... action must take place in public –Quorum –Can act only through their minutes –Individual members cannot act on their own

23. Public Records What is the primary criteria the court uses in determining whether a record should be deemed a public record? –Extent of the public interest involved e.g., personnel records of bus drivers from private firm is of legitimate interest to the public – safe transport of children to schools

24. Public Records Judicial test for public access to other kinds of records (4 prongs) –Whether entity performs a governmental function –Level of governmental funding supporting entity –Extent of governmental involvement and regulation –Whether the agency was created by the government