Intro to School Law 2009

8/14/2019 Intro to School Law 2009

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Examine what you do as teacher and/or administrator

For better or worse, everything you do as an educator whether teacher oradministrator is impacted by the law.

Think about all of the federal, state, city, district, and school rules which govern

your working livesAmericans are a litigious people. Thats why people (many educators do not likelawyers).

Todays schools function in a complex legal environment and a wide range of legalissues influences lives of teachers, students, parents, and administrators. Lawaffects every aspect of schooling. Law impacts student publications to the selectionof books for the school library, prohibition of discrimination based on race, sex, anddisability. Attendance requirements. How students are disciplined. When studentscan be searched or tested for drugs. Content of the curriculum and testing. Hiringand firing of teachers and administrators. And more

Look at the content list on syllabus. Read list aloud. I had to eliminate topicsbecause the quarter is too short to cover all of the legal issues which may impactyour professional . The trend is an increasing involvement of the courts andlegislatures in the control and regulation of schools.

Read the newspapers and journals and you will see that laws are being madeevery day and legal issues are daily becoming more complex.

This course is about teachers and administrators and that law that affects them--law established by state and federal statutes, constitutions, and court decisions.

Our purpose is not to encourage you to litigate. Going to court is expensiveemotionally and financially. Litigation tends to intensify conflict and polarize

participants.


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What is a rule you have had to follow in your professional life that you hate? Whopromulgated that rule?

My example: Law School there was a mandatory grade curve; promulgated byfaculty of DePaul Law School in accordance with American Bar Associationguidelines.

ASK CLASS

Laws are rules we have to follow. We may not like them, but we need to knowwhat they are.

Laws = Body of principles, standards, and rules that govern human behavior bycreating obligations as as rights and by imposing penalties.

Laws and rules can come from Principal, Municipality, Union, Federal AppellateCourt, US Supreme Court, US Constitution, Illinois Constitution, State Court,Department of Education, Illinois State Board of Education, etc.

Some are mandatory. Some are optional. Some have criminal and civil penalties.Some may have different kind of repercussions-- harming a child, harming yourprofessional career, harming the morale at a school, etc.

In addition to law from all of these entities many time laws and regulations amongthese entities conflict and create confusion and tensions.

The Federal government says one thing, the Illinois State Board of Education sayssomething else, your superintendent has another interpretation, and the principal atyour school rips up the memos because she thinks the policy is wrong.

Great example is the No Child Left Behind Act.


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Players in No Child Left Behind Act

Congress enacted; signed by President Bush; enforced by Sec of Education Paige;implemented by Illinois State Board of Education; decisions made by Arne Duncanrepresenting City of Chicago

Legal system baffles most foreign visitors because of the multiplicity of laws,courts, and jurisdictions.

Basically our system is organized into one into one federal legal system andfifty separate state legal systems (each of which is unique).

Hierarchy of Courts

Under our system of federalism

Absence of specific language in the US Constitution regarding education and

schools, coupled with the application of the 10th amendment, placed responsibilityfor establishing and maintaining public school system with state governments.Each state assumed control of education within its boundaries. Thus, in the countrytoday, there is no single, national public school system; rather, public educationexists in 50 different state public school systems.

Three forms or types of Law: statutory law, common law, and administrativelaw.

Statutory law = formal acts of a legally constituted body. Federal and State


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Establishment clause of the 1st amendment is important for decisions involvingschool prayer and religious exercises in school.

Free exercise clause


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Many cases involve the 14th Amendment to the US Constitution.

The 14th amendment guarantees that states cannot take away any rights grantedto an individual as a citizen of the United States this means that although stateshave the right to provide schools, they cannot in their provision of schools violatecitizen rights granted by the US Constitution. The wording of Section 1 of the 14th

amendment is extremely important in a variety of constitutional issues related toeducation.

No state shall make or enforce any law which shall abridge the privileges orimmunities of citizens of the US means that the courts can protect the constitutionalrights of students and teachers particularly with regard to freedom of speech andissues related to religion.

The due process clause is invoked in cases that involve student suspensions andteacher firings. Since states provide schools to all citizens, they cannot dismiss astudent or teacher without due process.

All the protections of the 14th

amendment depend on the states making someprovision for education.

Once a state govt provides a system for education, it must provide it equally to allpeople in the state. Equal protection clause is invoked in cases that involve equaleducation opportunity and is central to cases that involve school segregation, non-English speaking children, school finance, and children with special needs.


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Cant do nothing, as loco parentis, required to maintain student discipline.Relationship extends to all school activities including athletic


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Balance between students legitimate expectation of privacy and a schools

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legitimate need to maintain an appropriate environment for learning requires easingof restrictions which apply to police


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Intro to School Law 2009

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