1. Conflict of Interests The Politics of American Education by Joel Spring Chapter 10: Political Uses of the Court by Trish Walsh September 19, 2008

2. Political Uses of the Court The court system is usually involved in class action law suits against school districts after problems have traveled through school boards, state courts and other federal government. Most cases are regarding religion, race, language, disabilities, and constitutional amendments

3. Problem #1 Representation in a class action law suit Is the group suing really representative of the population it claims to represent? Does the group represent the array of viewpoints among the specified class? Courts’ final decisions have far-reaching impact in society.

4. Problem #2 The courts’ ability to deal with evidence in educational cases Do judges understand the evidence well enough to rule and specify the best remedies? Do judges understand the consequences of their recommendations in educational settings? Evidence in educational cases is not always presented as undisputed fact; social science data can be debatable.

5. Amendment Issues 1 st Amendment: freedom of speech & religion- pledge of allegiance, critical thinking/questioning, school prayer, war protests 8 th Amendment: freedom from cruel & unusual punishment- corporal punishment 14 th Amendment: due process/non-discrimination- equal educational opportunities for all minority groups, equal protection under the law, students’ right to education, teachers’ right to employment, property rights, suspensions

6. Famous Cases Otero v. Mesa County Valley School District #51: Social Science concepts and evidence must be understood by judges. Legitimate representation and rulings are essential. Hobson v. Hansen: It is difficult for courts to provide remedies for social problems, but they have a great impact on educational policies.

7. In Summation Administrators must be prepared to deal realistically with big issues and aware of precedent set in the courts. Administrators should understand and work with school and district populations and their representatives and be in tune with the related social science data. Administrators need to help teachers be aware of potential amendment issues that could affect them inside the classroom or at school.