educ & law/hu-hardison/wheaton 2011-121 education & the law legal framework chapter one...

Educ & Law/HU-Hardison/Wheaton 2011-12 1

Education & the LawLegal Framework

Chapter One

Presented by

Catherine Hardison, JD, PhD

And

Charles Wheaton, PhD

Educ & Law/HU-Hardison/Wheaton 2011-

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Federal Constitution Law of the land, separation of powers into

three branches (what are they?) Framework of operation for gov operations All statutes (federal, state, local) subordinate School district personnel are government

agents, therefore Must respect rights of students & staff Can be challenged in court for not respecting

those rights

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First Ten Amendments

Speech

Religion

Trial by Jury

Assembly

MilitiaSearch

Who determines what the Bill of Rights mean?

The Supreme Court makes rulings on the meaning

The Supreme Court balances the rights of the individual with the needs of society

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Sources of Law in Education Bill of Rights:First 10 Amendments, US Constitution

Fundamental Liberties, (Which affect schools? How?)

1st: Religion (Establishment, free exercise), speech, press, assemble, petition

2nd: Militia, keep and bear arms 3rd: Quartering of soldiers 4th: Search and seizure persons, houses,

papers, and effects. Warrants, (probable cause) 5th: Indictment; no double jeopardy; criminal

case-no witness against self; no life, liberty, property deprivation without due process, no private property takings w/o just compensation


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Sources of Law in Educ 6th: Speedy & public trial, impartial jury, in

same state/jurisdiction, informed nature & cause of accusation;

7th: Right to trial by jury for controversy exceeding $20

8th: No excessive bail, fines, unusual punishments

9th: Retention of other rights 10th: Reservation of state rights not

delegated/prohibited by Constitution


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State Constitutions Tenth Amendment allows states

to control “leftover” powers “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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State Constitutions

Examples? Establishment of education systems is our most important topic

Can a state be more restrictive than feds? Feds allow law enforcement to search garbage

at curb, to set up sobriety checkpoints. Can Washington State disallow these actions?

If yes, how is that more restrictive--on whom?


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State Constitutions Yes, and it does, because it can

be more restrictive. In this cases meaning it can grant more privacy rights to its citizens and it does.


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Court System, United States

Conflict of Law-Circuit Courts Use pages 9 and 78 in your text book. There are 11 federal courts of appeal

Which one governs us (page 9)? Is our court more liberal or more conservative?

What about the 5th Circuit? Look at page 78-Corporal Punishment

Does your logic hold?


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US Supreme Court Highest Court in the land No appeal from decisions of USSC Can be overturned only by constitutional amendment,

OR? Nine justices, appointed to life terms (to avoid political

infringement-does this really happen?) Why important to us right now?


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US Supreme Court Cases

How is this case cited & where could you find it?

Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686 (1954)

Who is willing to go online and find out the number of results for the most visited cite in those that first appear?

Why is the case cite important?


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Analysis of Court Decision

Named for parties (Jones v. Smith) Plaintiff initiates the suit, name comes first Defendant, name comes second Onto appeal—often switches

Party (loser) initiating appeal = appellant Appellant named first Appellee named last

Date in citation is when court rendered decision--Why Important to know?


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Analysis of Appellate Court Decision Procedure

Plaintiff (initiator) files complaint, seeks relief from

Alleged improper actions (indefensible act) Defendant Files response to complaint

Rationale why took certain actions (justify) Explanation may be given how case came to

appellate level Writ of certiorari (pronunciation?) used to remove case

from lower court to higher court


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Analysis of Appellate Court Decision

Ruling and Justification Written decision (court’s response to issue) Usually includes statements about facts and

conclusion Stare decisis (stah-ray daysighsis) (following

precedent, decision stands) usually part of written decision. Court always looks back to find any judicial history of the issue.

Is the concept Important to schools?


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Analysis of Appellate Court Decision

Disposition comes after the ruling Conclusion + order = action consistent with ruling Plaintiff wins = remedy for damages, compensation,

injunction to prevent continuation of a unjust practice Defendant wins = case dismissed, order to pay legal fees

(Wash?), Can pass onto appellate court, & it may modify decision,


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Legislative Law Statutes (statutum = “it is decided”): Act of legislative

branch of government Usually the source of school law

Education = state function, therefore, state legislature exercises power over school systems

Challenge in court ONLY when statutes conflict with federal or state constitutions

All statutes are subject to review by courts to determine constitutionality


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Court or Case Law Judge made (common law)

Judgments Opinions Decisions

Precedents Court looks to past decisions “stare decisis” (let the decision stand)

Requirement of court to consider previous decisions in same jurisdictions, same/similar subject matter, facts, circumstances

Not absolutely bound


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Court or Case Law Can be unsettled law and apply only within

jurisdiction of the court ruling on the case USSC only court applicable to all of USA Courts have three types of judicial functions

1. Settling controversies--apply basic principles of law to factual circumstances

2. Interpret legislative actions3. Determine constitutionality of legislative/admin actions


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School Board Policies Basic source of law for school staff Governs district operations Have to be constitutional (US and state) Must adhere to own policies or can be

legally challenged Procedures define how policies will be

implemented (day to day)


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How Does it all Fit Together? State Control

SBE-PESB OSPI ESD?

Local Control Board of Directors Supt (Sec to Board) Asst Supt Principals Asst Principals Head Teachers Teachers Support Staff


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Who is Your Supervisor? How is that person’s power derived? Can you circumvent that power?

If yes, when? What will happen if you do?

From where does your power base come?


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Review US Constitution fundamental law of land.

Any school law, policy, procedure, practice cannot conflict with any constitutional amendments

When developing school policies, refer to con law as primary source of law.

Next consider statutes if they do not conflict with con law

If statutes conflict w/ con law, go to case law


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Review Educ is a state function, state statutes

create a local school district, AND establish all requirements school districts are to meet. However, state statutes are subject to court review to determine constitutionality

Beyond USSC decisions, school leaders (you are one!) must adhere to court rulings that affect them.

School boards cannot violate own policies if polices are found to be legally defensible

What Have You Learned? Using whiteboard, list Check mark if someone lists your

idea first. Review


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educ & law/hu-hardison/wheaton 2011-121 education & the law legal framework chapter one...

Documents

rights slide

educ lawhuhardisonwheaton

educ lawhu hardisonwheaton

constitution slide

phd slide

compensation slide

reservation of state

washington state