Chapter 1: The Legal System

The Legal System

State established and locally administered

Legislative authority over education

Limited authority to ensure individual rights

U.S. Court System

Landmark decisions—rulings from the U.S. Supreme Court

Federal Court decisions—federal circuit court of appeals and district courts

State Court decisions—varies according to state

Administrative rulings from State Educational Agencies, the Office of Civil Rights, or other administrative agencies

Across the U.S.

Federal system= 50 versions

Tremendous variation across states

1,000s of districts

In ConnecticutTown Districts=149Regional=19Magnet = 14Charter = 16

Regional Organization

The CT Provision for Education

CT Constitution:

There shall always be free public elementary and secondary schools in the state.

The general assembly shall implement this principle by appropriate legislation

The Legal System

The Connecticut Court SystemFederal Courts

U.S. Supreme CourtFederal Circuit Court of Appeals Second circuit (CT, NY, VT)U.S. District Court, CT (one in CT)

State CourtsConnecticut Supreme CourtConnecticut Superior CourtConnecticut Circuit CourtConnecticut Appellate Court

The State’s Role

Power originates with a mandate from the state legislature

LSEAs created to act as state agents

LSEAs only have the power granted through statute

CT Interests

Primary interests include:Equal education opportunityMinimum expenditureOpportunities for diverse

experiences

The Legal System

Courts interpret the will of the legislatureTwo key cases in CT:Horton v. Meskill (1977)

State aid formulaSheff v. O.Neill (1995)

de facto v de jure segregationRemedy entrusted to Assembly

Types of Law

ConstitutionalBased on fundamental personal, property, and

political rights

StatutesExpress legislative will and establish lawCommon and effective methodSubject to judicial review

Court/Case LawGeneral and overarchingDerived from actual legal controversies

More on the CourtsPowers and functions of the courts

Maintain separation of powersAssume that legislative acts are fair and not

capricious (burden of proof)Exhaustion of administrative remedies

Interpreting statutesReceive fully into lawReceive as analogyNot receive as fullReceive full but with constraints

Courts (cont.)

Determining ConstitutionalityPresume that it ISStare decisisCourts will follow earlier decision in an orderly

mannerFundamental to the “rule of law”Lower courts will generally uphold higher courts

Court DecisionsUnderstanding judicial decisions

Only facts are relevantRatio decidendi (the point of balance)Courts must decide on what is presentedCan only decide on what is presented

Court Rulings

Understanding judicial decisions (cont.)Can only decide based on a general rule to

be applied across similar casesEverything is important (minority and

majority opinions)Defendant must have an interest in the

proceedingsJudicial precedent vs. persuasive authorityLegal holdings vs. “dicta”

End of Ch. 1

QUESTIONS?

COMMENTS?

CRITICISMS?