1. Chapter 15 Organizational and Governance in American Education EDU 548 Thursday, March 28, 2013 Chapter Fifteen Presentation: The Legal Foundation for Public Education Presented by: Jackie Leedy-Chamberlain

2. Overview In this chapter we will examine the legal mandates which govern public schools across the United States. Schools must conform to local, state and federal legislation and the unique circumstances of school environments may influence how legal provisions are applied and how the courts interpret mandates. We will also discuss how the different branches of government and court decisions can confuse school personnel as they attempt to carry out their jobs in conformance with the law. Ch. 15: The Legal Foundation for Public Education

3. Constitutional Provisions Ch. 15: The Legal Foundation for Public Education  The U.S. Constitution and State Constitutions provide the fundamental laws governing public education and schools are significantly influenced by both. U.S. Constitution (Federal)  All statutes, regulations, and policies generated by local and state levels of government must conform to the U.S. Constitution.  Judiciary is empowered to interpret the meaning of constitutional provisions.  The General Welfare Clause (Article I, Section 8, Clause 1) impacts school environment.*  The Commerce Clause (Article I, Section 8, Clause 3) empowers Congress to regulate commerce and has become important because of efforts to regulate Internet materials.  Bill of Rights have shielded important rights from governmental intrusions (e.g. freedom of expression, equal protection of laws).  First & Fourth Amendment have generated much litigation.*  Fourteenth Amendment directly addresses state action and is most often used in school cases and contains significant protections against state encroachments.

4. Constitutional Provisions Continued  The 10 th Amendment to the U.S. Constitution delegates anything not covered in the federal Constitution to the states.  Since education isn’t mentioned in the federal Constitution, it is reserved to the powers of the states.  State constitutions usually place obligation on legislature to enact laws ensuring uniform thorough and efficient, suitable or adequate system of free schooling. Ch. 15: The Legal Foundation for Public Education State Constitutions

5. Statutory Provisions Ch. 15: The Legal Foundation for Public Education Federal Legislation Funding Laws The Elementary and Secondary Education Act (ESEA) was most extensive education funding law – signaled big shift in ed. policy No Child Left Behind (NCLB) was most comprehensive reauthorization of ESEA since 1965 (schools can be punished with funding if they don’t meet the mandates). Individuals with Disabilities Education Act (IDEA) is supposed to provide 40% of excess costs of special services for disabled children (so far around 20%) Civil Rights Laws When states and local education agencies decline to participate in federal funding programs, they are required to comply with civil rights laws. Civil rights movement spawned passage of important laws to protect citizens from discrimination. 1871 law Section 1983 has become prominent as a vehicle for individuals to get damages for deprivation of federal rights.

6. Statutory Provisions Continued Ch. 15: The Legal Foundation for Public Education State Legislation State legislatures have comprehensive authority to prescribe and control conduct in the schools as long as they conform to the U.S. Constitution. Can regulate detailed aspects of public schools and are empowered to delegate authority to make rules and regulations to state administrative agencies or local boards of education. State law also attaches conditions to public school employment (like requiring teachers to be licensed). Have stipulations like all children between certain ages must attend a public or private school to receive an equivalent education. States also have accountability provisions (like high-stakes testing). Charter school movement has been a way to circumvent regulation. Children cannot be forced to enroll in public schools, and there has been a trend toward deregulating home education and private schools.

7. Administrative Rules and Regulations Ch. 15: The Legal Foundation for Public Education Amount of delegation to local districts varies across the states. local school boards only have authority that state delegates them. They have discretionary authority to make decisions necessary to run schools, some have been challenged in court. Board members cannot act on behalf of the board and must act as a unit. School based councils, have been adopted in many school districts in an effort to democratize school decisions and increase community ownership of public schools. Judiciary will invalidate actions of councils only if they act beyond their scope of authority or impair protected rights. State legislatures can delegate to administrative agencies. State boards of education can implement laws affecting education, but they only have the authority delegated by state law. Courts may be called on to determine whether administrative body has acted beyond delegated powers. Federal regulations can go beyond congressional intent and conflicts can arise between judicial and agency interpretations of given laws. (pg. 302). Federal Agencies State Agencies Local School Boards School- based Councils

8. Ch. 15: The Legal Foundation for Public Education Contractual Provisions  School districts have the authority to enter into a range of contracts for educational goods and services.  Contracts can be formed according to the specific standards stated in law (teachers must have signed contracts or else they serve as volunteers.)  Schools can also enter into contracts with vendors and businesses in addition to employees. The provision by private contractors of instructional services or the operation of entire schools is controversial. Judiciary has been called on to evaluate this.

9. Judicial Role Ch. 15: The Legal Foundation for Public Education Judiciary relies on precedents by applying principles of law established through previous cases. Court usually reinterprets precedent to expand or place limitations on the rights at issue. Locating cases can be found on Lexis or Westlaw.

10. Three-Tiered State Judicial System Ch. 15: The Legal Foundation for Public Education Highest Court (Supreme Court) Courts of Appeal Courts of General Jurisdiction (circuit, district courts)  Most states have a three-tiered judicial system.  The party who loses at trial court level can appeal to the appellate court, and then to the Supreme Court.  Certiorari protects highest court from taking on routine cases.

11. Three-Tiered Federal Judicial System Ch. 15: The Legal Foundation for Public Education Appeals from federal district courts are made to the circuit courts of appeal. The Thirteenth Circuit has national jurisdiction over limited claims (customs, copyrights, patents). Federal circuit rulings can be appealed to U.S. Supreme Court, but they only render an opinion in about 5% of cases seeking review.

12. Interaction of Courts and Legislative Bodies Ch. 15: The Legal Foundation for Public Education  The Supreme Court is the ultimate deciding factor on interpreting whether U.S. Constitution has prohibited a specific public school activity. However, not all states abide by Supreme Court decisions (e.g. Corporal Punishment). Preventative Law  Typically most school controversies can be resolved in mediation.  School leaders cannot always ensure their actions will not be challenged in court.  School leaders should also know when to consult with an attorney, and should ask all the necessary questions to understand the reasoning behind attorney’s advice.

13. Conclusion Ch. 15: The Legal Foundation for Public Education Although laws and regulations often overlap, with conflicting legal requirements school personnel at all levels retain discretion to make decisions as long as they act consistently with higher authority. As the book points out, overall, educators are responsible (not the court or legislatures), for determining what actions are reasonable and appropriate in most school situations. Furthermore legal knowledge is helpful, but not a substitute for an educational philosophy.