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Welcome! To the Wacky World of School Law

Welcome! To the Wacky World of School Law. EDU 659 Saint Leo University Evelyn B. Kelly, PhD. WHAT ARE TWO THINGS ONE SHOULD NEVER SEE MADE?. SAUSAGE AND LAWS. In the school system, federalism/decentralization is alive and well. 50 states- thousands of LEAs (local education agencies)

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Welcome! To the Wacky World of School Law

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  1. Welcome! To the Wacky World of School Law EDU 659 Saint Leo University Evelyn B. Kelly, PhD

  2. WHAT ARE TWO THINGS ONE SHOULD NEVER SEE MADE? SAUSAGE AND LAWS

  3. In the school system, federalism/decentralization is alive and well 50 states- thousands of LEAs (local education agencies) How do we make sense of all this?

  4. Three Sources of School Law • 1. Constitution • 2. Legislation • 3. Common law- made by judicial decisions

  5. Federal Highest law of the land 7000 words Does not mention education State Each state is very different Florida- 25,000 words Constitutional law

  6. ARTICLE I, Section 8 The Congress shall have power to provide for….general welfare of the United States

  7. Tenth Amendment “The powers not relegated to the United States by the Constitution- nor prohibited by to the state are reserved to the states respectively or to the people”

  8. States UT- uniform school system VA- free for all children FL- free and uniform system of education All states are different.

  9. Florida Constitution • Every state constitution provides its residents a free public education. • The Florida Constitution Article IX link: • http://www.leg.state.fl.us/Welcome/index.cfm?CFID=18133979&CFTOKEN=37275728

  10. Federal Indirect tied to categorical funds 1957- Sputnik NDEA PL 85-864 1960- Economic Opportunity Act PL-88-4562 ESEA PL-88- 1990s- Goals 2000 became Educate America Act; IDEA 2001- NCLB State Passed each year- committee system Statutory laws

  11. Common lawCase law/ court decisions Case Law Court decisions

  12. Article III: Courts to settle cases and controversies Not derived from enacted bodies but developed through: • Hundreds of years of court decisions • Customs • Principles • Traditions • Example: In loco parentis

  13. Federal Disputes between citizens of different states Constitutional questions Federal statutes State State or district Some duties may overlap Court system

  14. Plaintiff- one bringing caseDefendant- one being sued

  15. National Reporter System- 7 regions NW, P, NE, A, S, SW, SE Supreme Court Reporter Federal Reporter 419 US 565 419- volume number US- United States Reports 565 is page number 2d- second series (Tenn 1983) How to Read a Case

  16. Understanding Judicial Decisionsratio decidendi- point on which the judgment balances • The court must decide the dispute before it- obiter dicta- based on facts not material • Court can only decide the particular dispute before it- ex cathedra • Court decides only according to a general rule which covers a whole class of like disputes • Everything is to be read with primary reference to this dispute

  17. Precedence • Hypothetical questions cannot be settled • Stare decisis- let the decision stand • Basis of our rule of law-rules provide guidelines so as not to waver with every new judge. • Standard is the rule- not the exception • Higher court- rigidly adhered to by lower court when in their jurisdiction • This is the basis of rule of law- not anarchy

  18. Why were public school first created? Chapter 2

  19. The earliest forms were for religious education • New England- Calvinistic Puritans • 1647- to combat the “Old Deluder Satan” • 1779- Jefferson proposed a system of public school education for Virginia • 1820- first school laws: NEngland, OH, NY (good); middle colonies- pauper and parochial schools; Soyth- no action • Idea of a “system”- • Horace Mann- MA 1850s.

  20. Free Public SchoolsTuition and Fees • Sometimes the general public rejects the idea of responsibility to educate other people’s children. • Courts have intervened- scrutinize charges • Cardiff v. Bismarck 1978 ND Supreme Court- clarified issues of fees and meaning of free • Hartzell v. Connell 1984- state constitution prohibits fees for regular or extracurricular activities- not transportation • FL - a uniform system of free public school

  21. Role of Federal Government • Always changing • 1974 Milliken v. Bradley- underscored federalism- local control of schools

  22. Governance of schools Education as a State Function c. 4

  23. States have broad powers to govern- 10th Amendment- Florida Statutes • Courts have said states have inherent prerogative to provide for the general welfare. This is called “police power” • States and LEAs have powers only delegated by state constitution and legislature- lots of questions- litigation • Government agencies have executive, legislative, and judicial or (quasi) powers. *Not a separations of powers so courts scrutinize them carefully.

  24. School boards are state agencies.School board members are state officials- Act only as a board- no power as an individualA Common challenge to prevent implementation of a statute is to maintain it is an unconstitutional delegation of legislative power.

  25. Limits of state controlImposed by Federal and state constitutions and federal statutes (take precedence over state statutes)________________________Department of education- network to implement and administer policyCounty has district office personnel to administer policy-staff are not state officials

  26. Hortonville v. Hortonville EA • Does the due process clause of the 14th Amendment prohibit school boards from dismissing teachers engaged in strike and refusing to return to their duties. Teachers and school board had been involved in bitter negotiations before teachers illegally went out on strike. • Court determined- the school board had no personal or financial stake; statutes permitted board to fire. • Negotiation was part of the board’s job • Entering into judgment was not a conflict- in fact it was their duty.

  27. Fremont RE-1 v. Jacobs 1987 Co. • A school bus driver was fired by a director of transportation. • Board cannot delegate firing. • Board must make that decision.

  28. School officers • State officers: oath, procedure for removal; elected not appointed; term of office set by law

  29. School Board Meeting • By laws • Executive session • Voting • Minutes • Quorum • Notice • Find these in Fl Statutes

  30. Hovet v. Hebron • Citizen request to review file of a teachers does not violate right to privacy

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