Legal considerations and education

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Legal considerations and education

  1. 1. Legal Considerations and Education Professional Summary Althea Penn August 21, 2012
  2. 2. Introduction • Legal Framework for Public Education • Federal Role in Education • State Role in Education • The Law and Professional Personnel • Tort Liability • The Law and Students • Classification Practices
  3. 3. Legal Framework of Public Education • All three units of government – federal, state, and local-exercise authority over public education
  4. 4. Federal Role in Education • The United States Constitution – States given power over education through the Tenth Amendment • Federal Statutes – Elementary and Secondary Education Act of 1965 – No Child Left Behind Act of 2002 – Civil Rights Acts of 1964 & 1991 • Federal Administrative Agencies – Department of Education – Office of Civil Rights – Equal Employment Opportunity Commission – Environmental Protection Agency
  5. 5. The U.S. Constitution • The Tenth Amendment: “The 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. 6. The First Amendment • Congress shall make no law respecting and establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.
  7. 7. The Fourteenth Amendment • Historical Background • “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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.” • Procedural vs. Substantive Rights
  8. 8. State Role in Education • State Constitutions • State Statutes • State Administrative Agencies • Local Level (school districts and service centers)
  9. 9. Judicial Role in Education – Court System Federal Courts U.S. Supreme Court U.S. Circuit Courts (13) U.S. District Courts (89) State Courts State Supreme Court Intermediate Appellate Courts Courts of General Jurisdiction (Superior and Circuit Courts) Courts of Limited Jurisdiction (Municipal and Small Claims)
  10. 10. The Law and Professional Personnel • Certification • Contracts – Offer and acceptance – Competent parties – Consideration – Legal subject matter – Proper form • Termination of Employment – Tenure – Dismissal Procedures
  11. 11. Discrimination in Employment • Race and Gender – Title VII f the civil Rights Act of 1964 • Sexual Harassment – Title VII of the Civil Rights Act of 1964 – Quid pro quo sexual harassment – Hostile environment sexual harassment • Disabilities – Americans with Disabilities Act of 1973 – Section 504
  12. 12. Sexual Harassment • Litigated under Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 • Includes – Sexual bribery – Sexual imposition – Gender harassment – Sexual coercion – Sexual behavior Discourage with: No-tolerance policy Wide dissemination of policy Easy complaint filing Prompt and objective investigation Appropriate remedial action
  13. 13. Discrimination in Employment • Age Discrimination (ADEA) – Title VII f the civil Rights Act of 1964 • Religious Discrimination – First Amendment – Fourteenth Amendment – Title VII f the civil Rights Act of 1964 – EEOC • Maternity Discrimination – Fourteenth Amendment – Family and Medical Leave Act of 1993 – Americans with Disabilities Act of 1973 – Section 504
  14. 14. Tort Liability Tort = civil wrong (not contracts) for which a court can award damages  To establish negligence:  Duty  Standard of care  Proximate cause  Injury  Defense against negligence:  Contributory negligence  Assumption of risk  Comparative negligence  Governmental immunity
  15. 15. The Law and Students  School Records Equal Access Act  Released Time for Religious Instruction  State Aid to Private Schools  School Fees  Transportation  Textbooks, Courses, and Supplies  Extracurricular Activities • School Improvement – No Child Left Behind Act of 2001
  16. 16. The Law and Students  Compulsory School Attendance  Residency Requirements  Vaccinations  Curriculum  Students with Aids  Freedom of Expression  Prayer and Bible Reading  Discipline Corporal punishment Expulsions and Suspensions Search and Seizure  Student Appearance  Freedom of Speech and Press  Freedom of Association and Assembly
  17. 17. Student Classification Practices Fourteenth Amendment • Gender • Marriage and pregnancy • Age • Ability • The Disabled
  18. 18. The Law and State Issues • School Desegregation • Church-State Relations – Free exercise clause • Vouchers • School Prayer and Bible Reading – Lemon v. Kurtzman • Released Time for Religious Instruction • Religion in the Curriculum – Lemon Test – First amendment Creation v. Evolution • Use of Facilities – Equal Access Act
  19. 19. Financing Education • State School Taxes – Fiscally Independent – Fiscally Dependent – Brown v. BoE Topeka – Educational Needs Standard – Fiscal Neutrality Standard – The Rodriguez Case
  20. 20. Summary • Federal influence (Constitution, Supreme Court decisions, Congressional enactments) • Constitutional provisions (Article I, Section 10, and the First, Fourth, Fifth, and Fourteenth Amendments) • Litigation topics (desegregation, religion, finance schemes, and sexual harassment) • Supreme Court decisions (corporal punishment, search and seizure, freedom of expression, classification practices-sex, marriage, pregnancy, ability grouping, and handicaps)

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