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 or administrator is impacted by the law. •Think about all of the federal, state, city, district, and school rules which govern your working lives •Americans are a litigious people. That’s why people (many educators do not like lawyers). •Today’s schools function in a complex legal environment and a wide range of legal issues influences lives of teachers, students, parents, and administrators. Law affects every aspect of schooling. Law impacts student publications to the selection of books for the school library, prohibition of discrimination based on race, sex, and disability. Attendance requirements. How students are disciplined. When students can be searched or tested for drugs. Content of the curriculum and testing. Hiring and firing of teachers and administrators. And more •Look at the content list on syllabus. Read list aloud. I had to eliminate topics because the quarter is too short to cover all of the legal issues which may impact your professional . The trend is an increasing involvement of the courts and legislatures in the control and regulation of schools. •Read the newspapers and journals and you will see that laws are being made every 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 expensive emotionally 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? Who promulgated that rule? •My example: Law School there was a mandatory grade curve; promulgated by faculty of DePaul Law School in accordance with American Bar Association guidelines. •ASK CLASS •Laws are rules we have to follow. We may not like them, but we need to know what they are. •Laws = Body of principles, standards, and rules that govern human behavior by creating obligations as as rights and by imposing penalties. •Laws and rules can come from Principal, Municipality, Union, Federal Appellate Court, 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 your professional career, harming the morale at a school, etc. •In addition to law from all of these entities many time laws and regulations among these entities conflict and create confusion and tensions. •The Federal government says one thing, the Illinois State Board of Education says something else, your superintendent has another interpretation, and the principal at your 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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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•Establishment clause of the 1st amendment is important for decisions involving school 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 granted to an individual as a citizen of the United States– this means that although states have the right to provide schools, they cannot in their provision of schools violate citizen 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 to education. •No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US means that the courts can protect the constitutional rights of students and teachers particularly with regard to freedom of speech and issues related to religion. •The due process clause is invoked in cases that involve student suspensions and teacher firings. Since states provide schools to all citizens, they cannot dismiss a student or teacher without due process. •All the protections of the 14th amendment depend on the states making some provision for education. •Once a state govt provides a system for education, it must provide it equally to all people in the state. Equal protection clause is invoked in cases that involve equal education opportunity and is central to cases that involve school segregation, nonEnglish speaking children, school finance, and children with special needs.

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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Can’t do nothing, as loco parentis, required to maintain student discipline. Relationship extends to all school activities including athletic

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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Balance between student’s legitimate expectation of privacy and a school’s legitimate need to maintain an appropriate environment for learning requires easing of restrictions which apply to police

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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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 Duncan representing 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 and fifty 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 responsibility for establishing and maintaining public school system with state governments. Each state assumed control of education within its boundaries. Thus, in the country today, there is no single, national public school system; rather, public education exists in 50 different state public school systems. •Three forms or types of Law: statutory law, common law, and administrative law. •Statutory law = formal acts of a legally constituted body. Federal and State Constitutions, acts of US Congress, state codes, and city ordinances. For example,

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