School Law

American Public School Law The Tenth Amendment to the U S Constitution gives states plenary power over education. Plenary Power  This term 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  Charter schools 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 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  Exempted For Discussion  What do 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 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.  In 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 your school apply fees to students?  Under what conditions?  Does Federal Role in Education 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  Acceptance 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  It is 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 Amendment  Fourth Amendment  Fifth Amendment  Eighth Amendment  Ninth Amendment  Fourteenth Amendment  First First Amendment  Prohibits laws that infringe of the freedom of religion, speech, assembly, and press. Fourth Amendment  Prohibits unreasonable searches and seizures. Fifth Amendment  Prohibits deprivation of life, liberty, or 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  Dignity is 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 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. A 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  “Sunshine laws” 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  These are 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  In Hovet v. Hebron, 1988, the North Dakota Supreme Court found that a teacher’s personnel record was subject to public scrutiny. For Next Week  Read  Have Chapter 5 in the text. a good week!