Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.

1. AN OVERVIEW OFAN OVERVIEW OF
EDUCATION LAW, TEXASEDUCATION LAW, TEXAS
SCHOOLS, AND PARENTSCHOOLS, AND PARENT
RIGHTSRIGHTS
William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

2. Constitutional LawConstitutional Law
o Power over education is a state function asPower over education is a state function as
declared by the 10th Amendment of thedeclared by the 10th Amendment of the
Constitution.Constitution.
o By 1918 all states have compulsory school laws.By 1918 all states have compulsory school laws.
o States do not have to set up public schoolStates do not have to set up public school
systems.systems.
o 19731973 San Antonio I.S.D. v. Rodriguez:San Antonio I.S.D. v. Rodriguez: the USthe US
Supreme Court decided that education is not aSupreme Court decided that education is not a
fundamental right available to all persons.fundamental right available to all persons.

3. Statutory LawStatutory Law
o A statute is a law enacted by a legislative body.A statute is a law enacted by a legislative body.
Most statutes passed by the Texas LegislatureMost statutes passed by the Texas Legislature
that directly affect education are groupedthat directly affect education are grouped
together in the Texas Education Code (TEC).together in the Texas Education Code (TEC).
o The Code is an important source of law becauseThe Code is an important source of law because
it applies to the daily operation of schools,it applies to the daily operation of schools,
detailing the responsibilities and duties of thedetailing the responsibilities and duties of the
State Board of Education (SBOE), the TexasState Board of Education (SBOE), the Texas
Education Agency (TEA), school boards, charterEducation Agency (TEA), school boards, charter
schools, and school personnel.schools, and school personnel.

4. Administrative LawAdministrative Law
o Administrative law consists of the rules,Administrative law consists of the rules,
regulations, and decisions that are issued byregulations, and decisions that are issued by
administrative bodies to implement state andadministrative bodies to implement state and
federal statutory laws.federal statutory laws.
o Administrative law also includes the rules andAdministrative law also includes the rules and
regulations that state agencies establish to carryregulations that state agencies establish to carry
out their responsibilities. In the educationout their responsibilities. In the education
context, this responsibility lies with the Statecontext, this responsibility lies with the State
Board of Education and the TexasBoard of Education and the Texas
Commissioner of Education.Commissioner of Education.

5. Judicial LawJudicial Law
o Judicial law is composed of state and federal court decisions.Judicial law is composed of state and federal court decisions.
o Composition of the Texas Judiciary System:Composition of the Texas Judiciary System:
o District courts are the major trial courts in the state judicial system,District courts are the major trial courts in the state judicial system,
having jurisdiction over major criminal and civil matters.having jurisdiction over major criminal and civil matters.
o From a district court, an appeal goes to one of the fourteen courtsFrom a district court, an appeal goes to one of the fourteen courts
located throughout the state, and finally to the Texas Supreme Court.located throughout the state, and finally to the Texas Supreme Court.
o An appeal from a Travis County district court goes to the Third Court ofAn appeal from a Travis County district court goes to the Third Court of
Appeals in Austin.Appeals in Austin.
o The Third Court, by virtue of its jurisdiction over appeals from the districtThe Third Court, by virtue of its jurisdiction over appeals from the district
courts of Travis County, has great influence over the development ofcourts of Travis County, has great influence over the development of
educational and other public law matters.educational and other public law matters.
o Only the Texas Supreme Court can speak for the entire state in civilOnly the Texas Supreme Court can speak for the entire state in civil
matters.matters.
o For criminal matters, the highest court is the Texas Court of CriminalFor criminal matters, the highest court is the Texas Court of Criminal
Appeals.Appeals.
o Texas has two supreme courts, one for civil matters and one for criminalTexas has two supreme courts, one for civil matters and one for criminal
matters.matters.

6. THE STRUCTURE AND GOVERNANCETHE STRUCTURE AND GOVERNANCE
OF THE TEXAS SCHOOL SYSTEMOF THE TEXAS SCHOOL SYSTEM
o TEXAS LEGISLATURETEXAS LEGISLATURE
o The Texas legislature is responsible for the structureThe Texas legislature is responsible for the structure
and operation of the Texas public school system.and operation of the Texas public school system.
o STATE BOARD OF EDUCATION (STATE BOARD OF EDUCATION ( http://http://
www.tea.state.tx.us/sboewww.tea.state.tx.us/sboe // ))
o The SBOE is a powerful entity; its designated dutiesThe SBOE is a powerful entity; its designated duties
are establishing a state curriculum and graduationare establishing a state curriculum and graduation
requirements, determining the standard forrequirements, determining the standard for
satisfactory student performance on assessmentsatisfactory student performance on assessment
instruments, adopting and purchasing state textbooks,instruments, adopting and purchasing state textbooks,
and investing the permanent school funds.and investing the permanent school funds.

7. THE STRUCTURE AND GOVERNANCETHE STRUCTURE AND GOVERNANCE
OF THE TEXAS SCHOOL SYSTEMOF THE TEXAS SCHOOL SYSTEM
o THE TEXAS EDUCATION AGENCY (THE TEXAS EDUCATION AGENCY (
www.tea.state.tx.uswww.tea.state.tx.us ))
o Other than the legislature, the most powerfulOther than the legislature, the most powerful
state-level player is the Texas Commissionerstate-level player is the Texas Commissioner
of Education, whom the governor appointsof Education, whom the governor appoints
and removes with the advice and consent ofand removes with the advice and consent of
the Texas Senate. The commissioner servesthe Texas Senate. The commissioner serves
a four year term and the only qualification fora four year term and the only qualification for
serving as commissioner is US citizenship.serving as commissioner is US citizenship.
The commissioner also serves as theThe commissioner also serves as the
executive officer and executive secretary ofexecutive officer and executive secretary of
the State Board of Educationthe State Board of Education

8. THE STRUCTURE AND GOVERNANCETHE STRUCTURE AND GOVERNANCE
OF THE TEXAS SCHOOL SYSTEMOF THE TEXAS SCHOOL SYSTEM
o Local School DistrictsLocal School Districts
o The governance of schools clearly is left to localThe governance of schools clearly is left to local
boards of trustees.boards of trustees.
o School board trustees serve a term of 3 or 4 years.School board trustees serve a term of 3 or 4 years.
The members terms are staggering. A person mustThe members terms are staggering. A person must
be an eligible voter to be qualified for office as abe an eligible voter to be qualified for office as a
trustee. Trustees serve without compensation. Thetrustee. Trustees serve without compensation. The
state board is required to provide a training programstate board is required to provide a training program
for school board members through the regionalfor school board members through the regional
service centers. Other training programs are offeredservice centers. Other training programs are offered
through professional associations such as the Texasthrough professional associations such as the Texas
Association of School Boards (TASB)Association of School Boards (TASB) http://http://
www.tasb.orgwww.tasb.org//..

9. THE STRUCTURE AND GOVERNANCETHE STRUCTURE AND GOVERNANCE
OF THE TEXAS SCHOOL SYSTEMOF THE TEXAS SCHOOL SYSTEM
o Private SchoolsPrivate Schools
o In a 1925 decision, the US Supreme CourtIn a 1925 decision, the US Supreme Court
ruled that the states cannot require allruled that the states cannot require all
children to attend public schools only (Piercechildren to attend public schools only (Pierce
v. Society of Sisters).v. Society of Sisters).

10. HOW THE U.S. CONSTITUTION AND FEDERALHOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS
o Key Provisions of the U.S. ConstitutionKey Provisions of the U.S. Constitution
o The Bill of Rights of the US Constitution- where most of our basicThe Bill of Rights of the US Constitution- where most of our basic
civil liberties are included. The First Amendment is particularlycivil liberties are included. The First Amendment is particularly
important, for it lists several liberties inherent in a democraticimportant, for it lists several liberties inherent in a democratic
society: the right to be free from governmental control in the exercisesociety: the right to be free from governmental control in the exercise
of speech, publication, religious preference, and assembly (theseof speech, publication, religious preference, and assembly (these
only apply to the federal government.)only apply to the federal government.)
o The fourteenth amendment—“nor shall any State deprive any personThe fourteenth amendment—“nor shall any State deprive any person
of life, liberty, or property without due process of law, nor deny toof life, liberty, or property without due process of law, nor deny to
any person within its jurisdiction the equal protection of the laws.”any person within its jurisdiction the equal protection of the laws.”
These two clauses together with the federal laws that implementThese two clauses together with the federal laws that implement
them, provide the basis for constitutional rights suits against publicthem, provide the basis for constitutional rights suits against public
educational institutions and personnel.educational institutions and personnel.
o The fourteenth amendment applies to school districts and personnelThe fourteenth amendment applies to school districts and personnel
because they are viewed as political subdivisions of the state; thebecause they are viewed as political subdivisions of the state; the
fourteenth amendment does not apply to private schools.fourteenth amendment does not apply to private schools.

11. HOW THE U.S. CONSTITUTION AND FEDERALHOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS
o Important Federal StatutesImportant Federal Statutes
o Title VI of the 1964 Civil Rights Act prohibits intentionalTitle VI of the 1964 Civil Rights Act prohibits intentional
discrimination with respect to race, color, or national origin indiscrimination with respect to race, color, or national origin in
federally assisted programs. This law was instrumental in thefederally assisted programs. This law was instrumental in the
desegregation of schools during the 60’s and 70’s.desegregation of schools during the 60’s and 70’s.
o Title VII of the 1964 Civil Rights Act prohibits discrimination on theTitle VII of the 1964 Civil Rights Act prohibits discrimination on the
basis of race, color, religion, sex, or national origin in all aspects ofbasis of race, color, religion, sex, or national origin in all aspects of
public and private employment. This law allows money damages forpublic and private employment. This law allows money damages for
intentional discrimination.intentional discrimination.
o Americans with Disabilities Act of 1990 accords persons withAmericans with Disabilities Act of 1990 accords persons with
disabilities meaningful access to the programs and facilities of publicdisabilities meaningful access to the programs and facilities of public
and private schools as well as most businesses in the country. Theand private schools as well as most businesses in the country. The
statue also prohibits discrimination against persons with disabilitiesstatue also prohibits discrimination against persons with disabilities
in pubic and private employment, and requires employers to makein pubic and private employment, and requires employers to make
reasonable accommodation for disabled persons to enable them toreasonable accommodation for disabled persons to enable them to
perform the job. Money damages are available for intentionalperform the job. Money damages are available for intentional
discrimination.discrimination.

12. HOW THE U.S. CONSTITUTION AND FEDERALHOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS
o Important Federal StatutesImportant Federal Statutes
o Individuals with Disabilities Education Act requires publicIndividuals with Disabilities Education Act requires public
schools to identify children with disabilities and provideschools to identify children with disabilities and provide
them a free, appropriate public education in the leastthem a free, appropriate public education in the least
restrictive environment.restrictive environment.
o Title IX of the 1972 Education Amendments prohibitsTitle IX of the 1972 Education Amendments prohibits
discrimination against persons on the basis of sex in anydiscrimination against persons on the basis of sex in any
federally assisted education program. Title IX has gainedfederally assisted education program. Title IX has gained
major significance in the context of student andmajor significance in the context of student and
employee sexual harassment.employee sexual harassment.
o No Child Left Behind attempts to raise studentNo Child Left Behind attempts to raise student
achievement levels by holding states and school districtsachievement levels by holding states and school districts
to strict accountability standards. Each state mustto strict accountability standards. Each state must
ensure that students make adequate yearly progress soensure that students make adequate yearly progress so
that all students will be performing at grade level by thethat all students will be performing at grade level by the
year 2013-2014.year 2013-2014.

13. HOW THE U.S. CONSTITUTION AND FEDERALHOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS
o School FinanceSchool Finance
o With growth, an imbalance between urban and rural districtsWith growth, an imbalance between urban and rural districts
became apparent. With the enactment of the Gilmer-Aikin Bill inbecame apparent. With the enactment of the Gilmer-Aikin Bill in
1949 did reform occur. This bill later became the focus of1949 did reform occur. This bill later became the focus of SanSan
Antonio ISD v. RodriguezAntonio ISD v. Rodriguez . The bill established a Minimum. The bill established a Minimum
Foundation Program (MFP), through which state funds forFoundation Program (MFP), through which state funds for
personnel and operations were distributed and established apersonnel and operations were distributed and established a
minimum below which no state could go. The MFP involvedminimum below which no state could go. The MFP involved
both local and state contributions to a special fund; 80% fromboth local and state contributions to a special fund; 80% from
the state, the rest from local districts. Each local district had tothe state, the rest from local districts. Each local district had to
levy a property tax to support its contribution. Inequitieslevy a property tax to support its contribution. Inequities
continued because local districts remained free to enrich theircontinued because local districts remained free to enrich their
contributions for their schools beyond the MFP local fundcontributions for their schools beyond the MFP local fund
assignment.assignment.
o The plaintiffs in the San Antonio ISD v. Rodriguez lawsuit triedThe plaintiffs in the San Antonio ISD v. Rodriguez lawsuit tried
to convince the courts that this system of educational financeto convince the courts that this system of educational finance
violated the equal protection clause of the Fourteenthviolated the equal protection clause of the Fourteenth
Amendment. The 3 judge federal district court agreed, but theAmendment. The 3 judge federal district court agreed, but the
US Supreme Court did not.US Supreme Court did not.

14. HOW THE U.S. CONSTITUTION AND FEDERALHOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS
o Parent RightsParent Rights
o While constitutional law generally doesWhile constitutional law generally does
not support parent rights in publicnot support parent rights in public
schooling, Texas statutory law providesschooling, Texas statutory law provides
significant support for parents. The firstsignificant support for parents. The first
objective of the public education systemobjective of the public education system
is that “Parents will be full partners withis that “Parents will be full partners with
educators in the education of theireducators in the education of their
children.”children.”