Legal Rights and Responsibilities of Staff and Students
MELS 601Ubben Ch. 16
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Have you ever heard…
Lawsuit I didn’t know that. Does that apply to me? Can I be liable? How did I get into this? Boy, that was a dumb thing to do. Who says I have to do that Why me? Just why?
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Why is it important to know about school law?
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State Control of Public Education Since the United States Constitution
does not authorize Congress to provide for education, the legal control of public education resides with the state as one of its sovereign powers. 10th Amendment:
“The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
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Legislative Power
States have plenary (absolute) power to make laws governing education
State Legislatures can authorize state funds to non-public educational systems, i.e. Charter Schools
Local School Boards govern by powers conferred to them by the state
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State Agencies
Legislature Governor State Board of Education State Superintendent of Schools Chairman of the State Board of
Education Local Board of Education Superintendent of Schools
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Local School Boards It is the responsibility of local Boards of
Education to set policy Local Boards must act as one body Individual Board members are not
empowered to make policies or perform official acts on behalf of the board.
Board meetings are subject to public records law and must always be open to the public
A majority of Board members cannot meet without public notice
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Local School Boards Courts tend to not want to interfere with
local school board decisions
However, a court will reverse a school board decision that is arbitrary, capricious, or outside the board’s legal authority
State law gives local boards specific legal powers necessary to achieve the purpose of educating students
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Local School Boards
Are authorized to perform discretionary duties (those involving judgment)
School personnel can only perform ministerial duties necessary to carry out policies. Employees work for the board not the
principal/individual school Educators create rules and procedures that
support policy
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Federal Role in Education US Constitution
Silent about Education Does confer basic rights on individuals▪ These rights must be respected by school
personnel
The Constitution is the supreme law of the land and state authority over education must be exercised consistent with its provisions
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General Welfare Clause
Article I, Section 8: Congress has the power “to lay and
collect taxes, duties, imposts, and excises, to pay the debt and provide for the common defense and general welfare of the United States.”
Legislation has been enacted to provide monetary support base on the general welfare clause
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Obligation of Contracts Clause Article 1, Section 10:
▪ “No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility”
Administrators, certified staff, and non-certified staff are protected from arbitrary dismissals by contractual agreements
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Bill of Rights:1st Amendment
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
What liberties are protected by the 1st Amendment?
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Bill of Rights:4th Amendment“The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
What liberties are protected by the 4th Amendment?
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Bill of Rights:8th Amendment
“Excessive bail shall not be required, nor excessive fines be imposed, nor cruel or unusual punishments inflicted.”
What liberties are protected by the 8th Amendment?
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14th Amendment
Section 1:“All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the Untied States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
What liberties are protected by the 14th Amendment?
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14th Amendment:Due Process Clause States are prohibited from denying
citizens of life, liberty, or property without due process of law.
Property Rights: legitimate expectations of entitlement created through state laws, regulations, or contracts.
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14th Amendment:Due Process Clause Implications
Compulsory school attendance gives students a property right to attend school
Tenure gives teachers a property right for continued employment
Supreme Court precedence supports the notion that states cannot interfere with fundamental constitutional liberties.
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14th Amendment:Due Process Clause The 14th Amendment is important in
school litigation since education is a state function; claims that public school policies or practices impair personal freedoms (e.g. First Amendment free speech guarantees) often are initiated through the Fourteenth Amendment.
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Federal Legislation
Federal Funding (Categorical) Title 1 Exceptional Children Child Nutrition No Child Left Behind
Each state can reject this funding; however, if accepted it must follow federal guidelines:
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Civil Rights Laws: All Educational Institutions must comply with these
laws: Title VII: Employment Discrimination
Can’t discriminate on the basis of race, color, sex, religion, or national origin
Age Discrimination Act of 1967: Protects employees over the age of 40 against age-base
discrimination
Title IX of the Education Amendments of 1972: Barred sex discrimination against participants in education
programs
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Civil Rights Laws: Rehabilitation Act of 1973:
Prohibiting discrimination against otherwise qualified persons with disabilities
Age Discrimination Act of 1975 Barring age discrimination in federally assisted
programs or activities
Family Educational Rights and Privacy Act Guarantees parents access to their children’s
records and keeps the records confidential
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Function and Structure of the Judicial System State Courts
Trial Courts, Courts of General Jurisdiction, ▪ (can hear all kinds, criminal, civil, family,
probate, and so forth) Courts of Special Jurisdiction▪ (can hear only certain types of cases,
bankruptcy, family matters, etc.)
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Function and Structure of the Judicial System Federal Courts
District Courts Circuit Courts of Appeal The Supreme Court
13 federal circuits:
North Carolina is in what circuit?