Unit 1 law & order introduction to school law


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Unit 1 law & order introduction to school law

  1. 1. Essential Questions:  What are the sources of law under which school administrators operate?  How is the U.S. judicial system organized?  What are the legal issues pertaining to public school administration?
  2. 2. Essential Questions:  What are the rights of students under the law?  What are the major legal issues pertaining to schools and the state?  Why is it important for administrators to be knowledgeable about the law?
  3. 3. Legal Framework for Public Education  Federal, State, and Local governments ALL exert some control…
  4. 4. Sources of Law  Constitutional Law  Statutory Law  Legislative branch writes law  Regulatory Law  Executive branch administrative regulations  Case Law – judge-made  Judicial branch interprets law 6/26/2010 5
  5. 5. Federalism  Federal Constitution  State Constitution  Federal Statute  State Statute  The Legislative Branch  The Legislative Branch (Congress) makes law (Ohio General Assembly)  Federal Administrative makes law Agency  State Administrative  The Executive Branch (U.S. Agency Department of Education -  The Executive Branch USDOE) makes regulations (Ohio Department of  The Judicial Branch Education – ODE) makes regulations interprets law  The Judicial Branch interprets law 6/26/2010 6
  6. 6. State Role in Education  Tenth Amendment: “…powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 6/26/2010 7
  7. 7. State Control  Public education is a function of state government  Public schools are political subdivisions of the state  By 1850, all states, through their constitutions, provided for a system of free public education  The Ohio Constitution requires that the state have a state board of education and a state superintendent 6/26/2010 8
  8. 8. State Control  The state board of education sets policy, supervises, and makes budget requests to the legislative branch  The legislative branch (General Assembly) enacts law and passes a budget  The administrative branch (ODE) creates regulations to implement the law  The state superintendent is the chief executive officer of the board and the ODE 6/26/2010 9
  9. 9. Federal Influence…  U.S. Constitution  Article I, Section 8  Grants Congress “…the power…to lay and collect taxes…and provide for the Common Defense and General Welfare of the United States.”
  10. 10. Federal Influence  U.S. Constitution – First Amendment  “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of press; or of the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.”
  11. 11. Federal Influence  U.S. Constitution–Fourth Amendment  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” 6/26/2010 12
  12. 12. Federal Influence  U.S. Constitution–Fourteenth Amendment  “No state shall . . . Deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” 6/26/2010 13
  13. 13. Fourteenth Amendment  Due Process Clause  No State shall “…deprive any person of life, liberty, or property without due process of law…”  Equal Protection Clause  No State shall . . . “deny to any person within its jurisdiction the equal protection of the laws”
  14. 14. Due Process Clause  Deprivation of life, liberty, or property must be justified by government  Deprivation is determined by the courts  Is a property or liberty interest at stake?  Has governmental action infringed upon the interest?  Were procedures followed? 6/26/2010 15
  15. 15. What due process interest is at stake - property or liberty?  Student expelled  Juvenile offender from school incarcerated at home  Graduating senior  Tenured teacher diploma withheld terminated 6/26/2010 16
  16. 16. Standards of Review: Equal Protection  Strict Scrutiny Test  Used when a law facially discriminates against a suspect class (race, alienage, national origin)  Used when a fundamental right is affected (explicit or implicit)  Requires a compelling governmental interest narrowly tailored 6/26/2010 17
  17. 17. Standards of Review: Equal Protection (cont.)  If neither a fundamental right nor a suspect class is involved--  Use the Rational Basis Test  Requires that only a rational relationship be shown between the policy, practice, or law and the effect 6/26/2010 18
  18. 18. Standards of Review: Equal Protection (cont.)  Intermediate Scrutiny Test  Used for gender and illegitimacy  Classification must serve important governmental objectives  Discriminatory acts must be substantially related to those objectives 6/26/2010 19
  19. 19. Meeting Equal Protection Standards*  Strict scrutiny  Rational relationship  Rational basis  Legitimate classification  Intermediate scrutiny substantially related to governmental objectives  Compelling interest narrowly tailored 6/26/2010 20
  20. 20. Which standard: strict, intermediate, rational basis?*  A student is suspended.  A parent alleges that  A student is suspended the school board for giving a vulgar permits secular humanism but not speech. Christianity in the  A female teacher alleged school curriculum. she was transferred so  A white teacher was that a male coach could RIF’d in favor of have her job. retaining minority  A teacher is nonrenewed teachers as role after “coming out.” models. 6/26/2010 21
  21. 21. Section 1983 KKK Act of 1871  Prohibits deprivation of constitutional rights by persons acting under color of state law  Public schools are persons--no immunity  No punitive damages for school district  Punitive damages for individuals not performing in good faith when they should have known established law 6/26/2010 22
  22. 22. Checking for Understanding  What are the two clauses of the 14th Amendment?  What does due process require?  What are the three tests to review equal protection violations?  To whom does the Constitution apply?  Why are schools affected by the Constitution? 6/26/2010 23
  23. 23. You be the Judge: Is there a constitutional case to consider?*  Female sues Burger King for violation of free speech after being told to leave  African American student sues Harvard University for violation of his right to wear kente cloth to graduation  Jewish citizen sues city for placing creche in town square 6/26/2010 24
  24. 24. Generally…  State constitutions contain a mandate for the establishment of public education systems.  State legislatures enact laws that affect public schools.  State and local school boards are given authority for the operation and management of schools.  Policies and rules adopted by the school board are to be followed.
  25. 25. The Courts:  Federal Court System  District Courts  Courts of Appeals  Ohio is in the Sixth Circuit  U.S. Supreme Court
  26. 26. Federal Courts  Judges appointed by president and removed only by impeachment  Supreme Court has nine justices  13 circuit courts of appeal  89 federal district courts  Authority only to interpret law--no making or enforcement of law 6/26/2010 27
  27. 27. The Courts:  Federal Court System  District Courts  Courts of Appeals  U.S. Supreme Court  State Court Systems  Trial Courts  Courts of Appeal  State Supreme Courts
  28. 28. In Ohio  Trial Courts  Common Pleas Courts  Court of Claims  Probate Courts  Juvenile Courts  Courts of Appeal  State Supreme Court
  29. 29. State Courts  Ohio Supreme Court  7 elected justices  Interpret state statutory and constitutional law  12 courts of appeals  88 courts of common pleas 6/26/2010 31
  30. 30. A Lawsuit  A plaintiff files a lawsuit (e.g., parent, employee)  A defendant defends against the lawsuit (i.e., the school board)  School law involves civil and contract law 6/26/2010 32
  31. 31. Plaintiff or Defendant* A parent claims that A teacher asserted the school board she was wrongfully arbitrarily terminated. suspended her son. A student believes The school board that his religious stated it followed freedoms were policy in restricting curtailed. the teacher’s dress. 6/26/2010 33
  32. 32. On Appeal  Appellant appeals  Appellee responds  No witnesses  Court may reverse, modify, affirm, remand 6/26/2010 34
  33. 33. Appellant or Appellee* A parent asks the A school board court to reconsider asserts that it will its judgment in “go all the way” to favor of the school. the Supreme Court. A teacher vows to A contractor who bring her suit lost a liability suit against the principal says he will not give to court again. up. 6/26/2010 35
  34. 34. Reading a Case  Miranda v. Arizona, 384 U.S. 436 (1966).  Miranda v. Arizona, 86 S. Ct. 1602 (1966). 6/26/2010 36
  35. 35. Reporters  Federal Reporter  742 F.2d 977 (6th Cir. 1984).  Federal Supplement  862 F. Supp. 962 (E.D.N.Y. 1994).  State Reporter  627 N.E.2d 500 (N.Y. 1993). 6/26/2010 37
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