Copyright © Allyn & Bacon 2008 Chapter 1 Legal Framework Affecting Public Schools This multimedia...

Copyright © Allyn & Bacon 2008

Chapter 1 Legal Framework Chapter 1 Legal Framework Affecting Public SchoolsAffecting Public Schools

This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.any rental, lease, or lending of the program.


The Bill of Rights represents a primary source The Bill of Rights represents a primary source of individual rights and freedoms under the of individual rights and freedoms under the U.S. Constitution.U.S. Constitution.

The first 10 amendments to the Constitution The first 10 amendments to the Constitution are viewed as fundamental liberties of free are viewed as fundamental liberties of free people because they place restrictions on the people because they place restrictions on the government’s powers to intrude on the government’s powers to intrude on the fundamental rights of all citizens.fundamental rights of all citizens.


These restrictions simply mean that the These restrictions simply mean that the government cannot exercise certain powers in government cannot exercise certain powers in relationship to free people.relationship to free people.

For example, the government cannot pass laws For example, the government cannot pass laws prohibiting the freedom of speech.prohibiting the freedom of speech.


The Federal ConstitutionThe Federal Constitution

The Constitution of the United States is the The Constitution of the United States is the basic law of the land.basic law of the land.

It provides a framework of law in which It provides a framework of law in which orderly governmental processes operate. orderly governmental processes operate.

The Constitution thus becomes the primary The Constitution thus becomes the primary source of law. source of law.


All statutes enacted at the federal, state and All statutes enacted at the federal, state and local levels as well as state constitutions and local levels as well as state constitutions and local regulations and ordinances are local regulations and ordinances are subordinate to the Constitution.subordinate to the Constitution.

The Federal Constitution is distinguishable in The Federal Constitution is distinguishable in its provision to protect fundamental rights of its provision to protect fundamental rights of all citizens of the United States. all citizens of the United States.


Inherent among these rights are those Inherent among these rights are those involving personal, property and political involving personal, property and political freedoms. freedoms.

Although the Constitution does not make a Although the Constitution does not make a reference to education, it does impact the reference to education, it does impact the operation and management of schools, operation and management of schools, particularly with respect to amendments, particularly with respect to amendments, which protect the individual rights of students, which protect the individual rights of students, faculty and staff.faculty and staff.


State ConstitutionsState Constitutions

Based on the Tenth Amendment of the federal Based on the Tenth Amendment of the federal Constitution, powers not delegated to the Constitution, powers not delegated to the United States by the Constitution, nor United States by the Constitution, nor prohibited by it to the states, are reserved to prohibited by it to the states, are reserved to the states respectively. the states respectively.


State constitutions represent the basic source State constitutions represent the basic source of law for individual states and generally of law for individual states and generally require legislative bodies to perform various require legislative bodies to perform various functions including establishing systems of functions including establishing systems of public education. public education.

They prescribe funding and operational They prescribe funding and operational schemes for public schools. schemes for public schools.


State constitutions may exceed coverage State constitutions may exceed coverage granted by the Federal Constitution but may granted by the Federal Constitution but may not fail to meet the basic requirements of the not fail to meet the basic requirements of the Constitution or contradict it in any manner. Constitution or contradict it in any manner.


StatutesStatutes

Statutes represent an act of the legislative Statutes represent an act of the legislative branch of government. branch of government.

Statutes are the most abundant source of law Statutes are the most abundant source of law affecting public schools. affecting public schools.

School district policy, rules and regulations are School district policy, rules and regulations are generally based on statutory law. generally based on statutory law.


Statutes represent the most effective means of Statutes represent the most effective means of developing new law or changing old laws.developing new law or changing old laws.

State legislators grant local school boards the State legislators grant local school boards the authority to adopt and enforce reasonable rules authority to adopt and enforce reasonable rules and regulations necessary for the operation and and regulations necessary for the operation and management of schools. management of schools.


Court or Case LawCourt or Case Law

Case law is generally reflected in judge-made Case law is generally reflected in judge-made or common law, as distinguished from or common law, as distinguished from statutory law. statutory law.

Common law consists of the judgments, Common law consists of the judgments, opinions and decisions of courts adopting and opinions and decisions of courts adopting and enforcing preceding usages and customs called enforcing preceding usages and customs called precedents. precedents.


The U.S. System of CourtsThe U.S. System of Courts

The judicial system consists of federal and The judicial system consists of federal and state courts. state courts.

The organization of the courts at both levels is The organization of the courts at both levels is essentially the same: trial courts, intermediate essentially the same: trial courts, intermediate courts of appeal and the highest court or courts of appeal and the highest court or Supreme Court. Supreme Court.


Federal CourtsFederal Courts

Federal courts typically deal with cases Federal courts typically deal with cases involving federal or constitutional issues involving federal or constitutional issues (“federal questions”) or cases in which the (“federal questions”) or cases in which the parties are residents of different states parties are residents of different states (“diversity of citizenship”). (“diversity of citizenship”).

The Federal Court System includes District The Federal Court System includes District Courts, Appellate Courts and the Supreme Courts, Appellate Courts and the Supreme Court. Court.


There are 95 federal district courts in the There are 95 federal district courts in the United States. United States.

At least one federal court is found in each At least one federal court is found in each state. state.

Larger states such as New York and California Larger states such as New York and California have as many as four federal courts. have as many as four federal courts.


Federal courts usually hear cases between Federal courts usually hear cases between citizens of different states and cases involving citizens of different states and cases involving litigation of federal statutes.litigation of federal statutes.

Federal Appellate Courts are represented by Federal Appellate Courts are represented by Circuit Courts of Appeal. Circuit Courts of Appeal.


There are 13 federal circuit courts including 11 There are 13 federal circuit courts including 11 with geographic jurisdiction over a number of with geographic jurisdiction over a number of states and territories, one for the District of states and territories, one for the District of Columbia and another involves three Columbia and another involves three specialized federal courts. specialized federal courts.


The primary function of the Appellate Court is The primary function of the Appellate Court is to review the proceedings of lower courts to to review the proceedings of lower courts to determine if errors of law (as opposed to facts) determine if errors of law (as opposed to facts) were committed, such as procedural were committed, such as procedural irregularities, constitutional misinterpretations irregularities, constitutional misinterpretations or inappropriate application of rules of or inappropriate application of rules of evidence. evidence.


State CourtsState Courts

State courts are a part of each state’s judicial State courts are a part of each state’s judicial system with the responsibility of hearing cases system with the responsibility of hearing cases involving issues related to state constitutional involving issues related to state constitutional law, state statutes, and common law. law, state statutes, and common law.

Many education cases are heard in state courts, Many education cases are heard in state courts, because they do not involve a federal question. because they do not involve a federal question.


Courts of General JurisdictionCourts of General Jurisdiction

Courts of general jurisdiction are often Courts of general jurisdiction are often referred to as district or circuit courts.referred to as district or circuit courts.

Their jurisdiction covers most cases except Their jurisdiction covers most cases except those held for special courts.those held for special courts.

In many instances, decisions may be appealed In many instances, decisions may be appealed from these courts to intermediate appellate from these courts to intermediate appellate courts or even to the state supreme court.courts or even to the state supreme court.


Courts of Special JurisdictionCourts of Special Jurisdiction

Courts of special jurisdiction were established Courts of special jurisdiction were established to hear legal disputes in special matter areas. to hear legal disputes in special matter areas. They are generally referred to as trial courts They are generally referred to as trial courts with with limitedlimited jurisdiction and may be called jurisdiction and may be called municipal, justice of the peace, probate, small municipal, justice of the peace, probate, small claims, and traffic courts.claims, and traffic courts.


Intermediate Appellate CourtsIntermediate Appellate Courts

Intermediate appellate courts have emerged Intermediate appellate courts have emerged over the past three decades to hear appeals over the past three decades to hear appeals from trial courts or certain state agencies.from trial courts or certain state agencies.

Their primary role involves reviewing Their primary role involves reviewing proceedings from trial courts to determine if proceedings from trial courts to determine if substantive or procedural errors occurred in substantive or procedural errors occurred in applying the law.applying the law.


The Supreme CourtThe Supreme Court

The Supreme Court is the highest court in the The Supreme Court is the highest court in the land. land.

Unlike lower courts, there is no appeal beyond Unlike lower courts, there is no appeal beyond the decision of this court. the decision of this court.

The Supreme Court’s ruling can only be The Supreme Court’s ruling can only be overturned by an amendment to the Federal overturned by an amendment to the Federal Constitution. Constitution.


Nine justices, including a Chief Justice Nine justices, including a Chief Justice comprise the High Court. comprise the High Court.

To avoid political infringement, they are To avoid political infringement, they are appointed to life terms. appointed to life terms.

Cases reach the Supreme Court primarily in Cases reach the Supreme Court primarily in two ways—on appeal and by writ of certiorari. two ways—on appeal and by writ of certiorari.

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