The document provides an overview of key topics in school law, including the legal system, types of laws, how laws are made and enforced, landmark Supreme Court rulings affecting education, and other legal issues pertaining to schools such as desegregation, school finance, student and teacher rights, special education, church-state separation, and school choice. Key Supreme Court cases discussed include Brown v. Board of Education, which ruled that segregation was unequal, and San Antonio v. Rodriguez, which found that education is not a fundamental right.

1. The Principal’s Quick Reference Guide to School Law The School and The Legal Environment: Chapter 2

2. Purpose of Chapter 2 Review legal processes of our country. Reminder of the foundations of our legal system. Identify issues that affect education most often.

3. Section A: School’s Relationship to the Legal Environment School must primarily be a safe place that observes the rights of individuals.

4. Basic Principals of the Legal System Protect Rights Law Separate Systems Federal State and Local Law Interpretation Due Process Consent of Governed

5. Types of Law Constitutional Law Broad Philosophical Statements of General Belief “the powers not delegated to the US by the Constitution nor prohibited by it to the states are reserved to the states respectively”

6. Types of Law Common Law Statute not yet been established by courts Statutory and Administrative Law Statutory Law adds to or alters Common Law Administrative Law is designed by administrative agencies. Not a legislative body or court.

7. How Laws Are Made and Enforced Legislative Branch of Government Making Laws Executive Branch of Government Enforces Law Attorney General is most associated with Education Judicial Branch of Government Interpret laws and settle disputes

8. Judicial System Each state has two court systems: Federal Court System District Courts, Special Federal Courts, Courts of Appeals, and the US Supreme Court. State Court System

9. Courts Original Jurisdiction Court that hears a case for the first time. Appellate Jurisdiction Court that hears a case on appeal. US Supreme Court Created directly by the Constitution One Chief Justice and Eight Associate Justices “Court of Last Resort”

10. Court Functions Deciding Controversies Interpretation of Enacted Law Judicial Review

11. Interpretation of Enacted Laws Literal Purposive Precedent Based Policy Based

12. Clauses and Amendments of Educational Interest General Welfare, Amendments and Articles

13. General Welfare Clause Article I, Section 8 of the Constitution Congress has the power to “lay and collect taxes, duties, imports and exercises, to pay the debts and provide for the common defense and general welfare of the United States” This clause is often used as rationale for legislation that affects the operation of public schools.

14. First Amendment Funds to nonpublic schools Freedom of speech – student and teacher Separation of church and state

15. Fourth Amendment Litigation surrounding the searching of students’ lockers and belongings Illegal Search and Seizure

16. Fourteenth Amendment No state shall “deny to any person within its jurisdiction the equal protection of the law” Due Process Race and gender cases Claims of wrongful discharge

17. Landmark Supreme Court Rulings That Affect Education Practice

18. Desegregation Plessy v Ferguson (1896) “separate but equal” Reality: separate but unequal Brown v Board of Education of Topeka (1954) and (1955) Segregation was not equal. Move toward desegregation. Noncompliance remained.

19. Desegregation Continued Virginia repealed its compulsory attendance laws, making attendance a matter of local option. Griffin v County School Board of Prince Edward County (1964) Forced the county to levy taxes and open a public school

20. Desegregation again Cases continue: Milliken v Bradley (1974) Oklahoma Public Schools v Dowell (1991) Freeman v Pitts (1992) Missouri v Jenkins (1995) All cases from the 1990s deal with reducing federal oversight of desegregation

21. School Finance San Antonio Independent School District v Rodriguez (1973) a. Education not guaranteed by the Constitution b. Disadvantages resulting from wealth distribution – Doesn’t have to be uniform

22. School Finance Serrano v Priest (1971) - California state Supreme Court held that quality of education could not be happenstance of residence. - Serrano ruling held until Rodriquez ruling

23. School Finance Between 1972 and 1989, state school finance cases were bitter battles over equality of fiscal inputs. Rose v Council for Better Education, Inc. (1989) -Found that education in poorer local schools was not as thorough

24. School Finance Rose v Council for Better Education (1989) was a decision that held for many years. Subsequent litigation in school finance have gone back and forth.

25. Student and Teacher Rights Pickering v Board of Education of Township High School District 205 (1968) - Teachers’ exercise of their right to speak out on issues of public concern cannot be used as the basis for dismissal.

26. Student and Teacher Rights Mount Healthy City School District Board of Education v Doyle (1977) - Even if a teacher’s expression is constitutionally protected, school officials are not precluded from disciplining or discharging the employee if sufficient cause exists independent of the protected speech.

27. Student and Teacher Rights Givham v Western Line Consolidated School District (1979) - As long as a teacher’s expression pertains to matters of public concern instead of personal grievances, statements made are constitutionally protected.

28. Student and Teacher Rights Board of Regents of State Colleges v Roth (1972) - A school district is not required to establish cause for nonrenewal of a probationary teacher’s contract.

29. Special Education Individuals with Disabilities Education Act (IDEA) - Children who qualify have a right to a free, appropriate, public education, including special education and related services, in the least restrictive environment.

30. Church and State Lemon v Kurtzman (1971) - Governmental action must have a secular purpose, must have a primary effect that neither advances nor impedes religion, and must avoid excessive governmental entanglement with religion.

31. Church and State Other issues: Prayer in schools Government funding for religious schools Voucher programs

32. Title IX (1972) Prohibit an education program or activity that receives federal funds from denying any individual admission to, participation in, or the benefits of any academic, extracurricular, research, occupational training, aid, service, or other education program or activity on the basis of gender.

33. Family Education Rights and Privacy Act (1972) FERPA requires educational agencies and institutions to provide parents with all educational records of their child. Much, much more in chapter 9.

34. The Family and Medical Leave Act (1993) Provides qualifying employee with up to 12 work weeks of unpaid leave in any 12-month period. Reasons: Birth of Child Placement of Child for adoption Care of Spouse, Child, or Parent Serious Injury of Employee

35. The Family and Medical Leave Act (1993) Special Conditions Apply: Return to same job or job of equal pay Must have worked for employer for the previous 12 months

36. Workers’ Compensation Workers’ compensation insurance is mandated by all states except Texas. Workers’ compensation benefits are for employees who suffer occupational injuries or other covered ailments including payment for medical treatment, rehabilitation, and time away from work.

37. School Choice Family Choice Interdistrict Transfer Specialized School Choice Charter Schools No Child Left Behind Schools

38. Charter Schools State-sponsored schools created by charter. Usual goal is to improve education for at-risk students. Less restrictive requirements Greater funding freedom Majority in Florida, Michigan, California

39. Vouchers Essentially allow parents to spend their education dollars where they see fit. Problems: Religious Schools Unequal Funds Benefits??? Results???

40. Vouchers Florida was one of the first to allow vouchers. Unexpectedly low use. Opposition Currently in use in Washington D.C. Questions of Choice Schools and Vouchers continue