American Public School
Law
The Tenth Amendment to the U S
Constitution gives states plenary
power over education.
Plenary Power
Thisterm generally refers to legislative
power, however it is subject to both federal
and state constitutional limits, and federal
statutes, which take precedence over state
statutes. Increasingly, statutes are being
scrutinized by the courts in terms of the
states’
The Role of the Judicial System
The courts are generally involved in
resolving education matters relating to
constitutional rights and legislative
imperatives. They are reluctant to make
decisions about pedagogy. Within the
judicial system, higher courts always take
precedence over lower courts, with the
United States Supreme Court having the
final authority.
Stare Decisis
This term is Latin for “let the decision
stand” and refers to the courts’ adherence
to precedence in judicial decisions. The
rule is rigidly invoked by lower courts when
following decisions by higher courts in the
same jurisdiction.
Charter Schools
Charterschools are among the newest
features on the public education
landscape and are emerging in states as
the demand for choice increases. They
tend to be a hybrid of public and private
schools.
Federal Charter School Bill of 1994
Exempted from state and local regulations
that inhibit flexible management
Nonsectarian in programs, admissions,
policies, and employment practices
Free of tuition and fees
In compliance with Federal civil rights
legislation
Meet health and safety regulations
For Discussion
Whatdo you know about Hawaii’s Charter
School Law? How do you think it
compares with the Federal Charter School
Law?
Tuition and Fees in Public Schools
In most cases, fees are considered to be
in violation of statutory provisions for “free”
public schools.
Registration fees, charges for textbooks
and essential materials, and fees for
extracurricular participation are generally
not allowed.
Transportation is not considered essential
and fees may be levied for it.
Key Cases
Randolph County v. Adams 1995
Textbooks and materials
Cardiff v. Bismarck 1978
Textbook fee for elementary students
Hartzell v. Connell 1984
Fee for either regular or extracurricular
activities
Question
Does your school apply fees to students?
Under what conditions?
Federal Role in Education
Acceptance of federal grants: Eg., Title I,
Title IX, School Lunch Program
Commerce clause: Safety, transportation,
and labor regulations (U. S. v. Lopez,
1995)
Constitutional issues: Protection of
individual rights and freedoms
Supremacy
When a state law comes in conflict with a
federal law, the federal law has supremacy
and the state must accede authority. The
federal law must be constitutional,
however. This rule goes back to
Madison’s Federalist Papers. (See
Shepheard v. Godwin, p. 76 of text.)
Eleventh Amendment Immunity of
States
Bars a private party from suing a state
legislature.
Recent U.S. Supreme Court decisions have
upheld this concept with respect to such laws
as the Religious Freedom Restoration Act, the
Fair Labor Standards Act, the Patent Remedy
Act, and the Age Discrimination in
Employment Act.
Eleventh Amendment Immunity
Itis important to note, however, that
private citizens are not immune under this
amendment. Therefore, while a school
district, as a state entity, may not be sued
for damages, a school employee or official
may be.
Rights Provisions in the
Constitution
First Amendment
Fourth Amendment
Fifth Amendment
Eighth Amendment
Ninth Amendment
Fourteenth Amendment
First Amendment
Prohibits laws that infringe of the freedom
of religion, speech, assembly, and press.
Fourth Amendment
Prohibits unreasonable searches and
seizures.
Fifth Amendment
deprivation of life, liberty, or
Prohibits
property without due process of law.
Eighth Amendment
Prohibits cruel and unusual punishments.
Ninth Amendment
Assures that rights not enumerated are
retained by the people (e.g., privacy).
Fourteenth Amendment
Prohibits laws that deprive a person of life,
liberty, or property without due process of
law and prohibits laws that would deny any
person equal protection of the laws.
Fundamental Rights
While the U.S. Supreme Court (see San
Antonio v. Rodriguez, 1973) does not
recognize education as a fundamental
right, historically the American founding
fathers recognized liberty and dignity as
fundamental rights of all Americans.
Liberty
Liberty is assumed to be a given or
cardinal right for everyone; two
Constitutional amendments guarantee that
the government shall not deprive a person
of liberty without due process of the law.
Dignity
Dignityis thought of in terms of personal
security, work, and a means of earning a
living and reasonable wage that will allow
one to enjoy and adequate standard of
living. While dignity is not specified in the
Constitution, the Supreme Court has
recognized it in the “penumbras” (shadow,
margins, or gray areas) of the Constitution.
School Officers
A school officer differs from an employee
in that he or she has “delegated sovereign
power” from the state. Generally, officers
are elected officials and have powers
conferred by the legislature or constitution.
They must take an oath and removal from
office is fixed in statute.
In Hawaii, administrators are considered
by law to be employees, not officers.
Nepotism
Nepotism, or hiring family members, is
illegal if it is banned in constitutional,
statutory, or policy language. In Hawaii, it
is not allowed in policy.
Open Meetings of the School
Board
“Sunshinelaws” require that all board
meetings, except those discussing the
most sensitive cases, be held in public.
Collective negotiations
Purchase of property
Consultations with attorneys re lawsuits
Lawful privilege
Confidentiality regarding possible law
violations
Executive Session
Theseare sessions where the School
Board retires for discussion, but no action
may be taken.
Boards of Education should adopt their
own rules for procedure. When they do,
they are legally bound by their own rules.
Teacher Personnel Records
InHovet v. Hebron, 1988, the North
Dakota Supreme Court found that a
teacher’s personnel record was subject to
public scrutiny.
For Next Week
Read Chapter 5 in the text.
Have a good week!