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EDU 582 The Principals Quick – Reference Guide to School Law.

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Presentation on theme: "EDU 582 The Principals Quick – Reference Guide to School Law."— Presentation transcript:

1 EDU 582 The Principals Quick – Reference Guide to School Law

2 Table of Contents Table of Contents Chapter 1 – Preventive Law Tenets of Preventive Law/Risk Management What is Preventive Law? Potential Risks – Identification Affirmative Duty of School – Based Personnel in Risk Mgt/Prevention Preventive Law Mind-set Media Chapter 2 – School And the Legal Environment Basic Principles Constitutional Law, Common Law, Statutory Law, Administrative Law How laws are made and enforced Court Functions General Welfare Clause Amendments: 1 st, 4 th, 5 th, 14 th

3 Table of Contents Table of Contents Chapter 2 – School And the Legal Environment Basic Principles Constitutional Law, Common Law, Statutory Law, Administrative Law How laws are made and enforced Court Functions General Welfare Clause Amendments: 1 st, 4 th, 5 th, 14 th Articles II, III, IV, V VI, Amendments: VI, VII, VIII, IX, X, XI, XIII Desegregation School Finance Student and Teacher Rights Special Education Church and State Federal Statues Affecting Educational Practices

4 Chapter 1 – Preventive Law Chapter 1 – Preventive Law 1.Tenets of Preventive Law/Risk Management Understanding of substance of law limits – decisions based on understanding of basic tenets and knowledge of current educational litigation decisionsUnderstanding of substance of law limits – decisions based on understanding of basic tenets and knowledge of current educational litigation decisions Application of procedures – Adhere to procedures ad precedentsApplication of procedures – Adhere to procedures ad precedents Working with legal Counsel to reduce loss – consult with Legal CounselWorking with legal Counsel to reduce loss – consult with Legal Counsel Flexibility to reduce conflict by fostering school climate with divergent ideas may be represented, respected….Flexibility to reduce conflict by fostering school climate with divergent ideas may be represented, respected…. Knowledge of Precedent, constitutional compliance – understand legal ramifications of precedent-setting cases.Knowledge of Precedent, constitutional compliance – understand legal ramifications of precedent-setting cases. 2.What is Preventive Law? Defined as program, supported by policies, procedures, regulations. Emphasizes importance of pre factoDefined as program, supported by policies, procedures, regulations. Emphasizes importance of pre facto 4 Tenets of Preventive Law 1 - Anticipate Legal Challenges 1 - Anticipate Legal Challenges 2 - Evaluate merits of challenges 2 - Evaluate merits of challenges 3 - Consideration of policies affected by such challenges 3 - Consideration of policies affected by such challenges 4 - Implementation or modification where appropriate 4 - Implementation or modification where appropriate

5 Chapter 1 – Preventive Law Chapter 1 – Preventive Law 3.Potential Risks – Identification Areas where law is less certain, principals identify and analyze risk and choose course of action that has least possible litigation implications Areas where law is less certain, principals identify and analyze risk and choose course of action that has least possible litigation implications Example given: Inspection of water heaters, bad roof on school building causing collapse, bad doors on school causing intruder to come in and assault young childExample given: Inspection of water heaters, bad roof on school building causing collapse, bad doors on school causing intruder to come in and assault young child 4. Affirmative Duty of School – Based Personnel in Risk Mgt/Prevention Ensure building, procedures, policies are in compliance with state, federal and local lawsEnsure building, procedures, policies are in compliance with state, federal and local laws Be certain those procedures are followedBe certain those procedures are followed Effective supervision of program including development, oversight and regular evaluationEffective supervision of program including development, oversight and regular evaluation Promote hiring of competent administrative, teaching and support staffPromote hiring of competent administrative, teaching and support staff Effective supervision of staffEffective supervision of staff Manage of schools physical facilitiesManage of schools physical facilities

6 Chapter 1 – Preventive Law Chapter 1 – Preventive Law 5. Preventive Law Mind-set Crisis Management with Crisis Plan, Crisis TeamCrisis Management with Crisis Plan, Crisis Team Examples of Crisis to be prepared for:Examples of Crisis to be prepared for: Bomb threats Bomb threats Death or suicide Fire or explosion Gun or other weapons in school Gun or other weapons in school Hostage situation Kidnapping, childnapping, missing student Medical emergency Sexual Assault Shooting or stabbing Tornado or other severe weather 6. Media In crisis plan, there must be plan to handle mediaIn crisis plan, there must be plan to handle media Effective communication with home, communityEffective communication with home, community One spokesperson for school and/or districtOne spokesperson for school and/or district You are in control of media and reportersYou are in control of media and reporters You cannot avoid mediaYou cannot avoid media

7 Chapter 2 – School And the Legal Environment 1. Basic Principles System of government provides structure of laws that protects individual rights. System of government provides structure of laws that protects individual rights. Law is a rule of civil conduct prescribed by local, state or federal mandates Law is a rule of civil conduct prescribed by local, state or federal mandates All laws based on assumption that for each action, there is expected consequence All laws based on assumption that for each action, there is expected consequence 2. Constitutional Law, Common Law, Statutory Law, Administrative Law Constitutional Law – where a constitution is basic source of law for jurisdiction. Constitutions are broad, philosophical statements of general beliefs. Designates allocation of power between levels of government Constitutional Law – where a constitution is basic source of law for jurisdiction. Constitutions are broad, philosophical statements of general beliefs. Designates allocation of power between levels of government Common Law – When court confronted with problem that cannot be solved by reference to pertinent legislation, (statutory law) problem is decided according to common law. Common law defined as principles, procedures and rules of action, enforced by courts, based on history or custom with modifications as required by circumstances or time. Common Law – When court confronted with problem that cannot be solved by reference to pertinent legislation, (statutory law) problem is decided according to common law. Common law defined as principles, procedures and rules of action, enforced by courts, based on history or custom with modifications as required by circumstances or time.

8 Chapter 2 – School And the Legal Environment 2. Constitutional Law, Common Law, Statutory and Administrative Law Statutory and Administrative Law – laws passed by legislative body. Laws may alter common law by adding to, deleting from or eliminating law. Courts are final interpreters of legislative provisions. Administrative laws are regulations passed by agencies. States may have agencies (DPI) that will pass laws (State NCLB Standards) that will be passed down to local agencies (school districts) Statutory and Administrative Law – laws passed by legislative body. Laws may alter common law by adding to, deleting from or eliminating law. Courts are final interpreters of legislative provisions. Administrative laws are regulations passed by agencies. States may have agencies (DPI) that will pass laws (State NCLB Standards) that will be passed down to local agencies (school districts) 3. How laws are made and enforced Legislative Branch – (Legislators) Primary function is to make laws Legislative Branch – (Legislators) Primary function is to make laws Executive Branch – (Governor, Lt. Governor, Attorney General) Primary function is to represent sate and enforce laws Executive Branch – (Governor, Lt. Governor, Attorney General) Primary function is to represent sate and enforce laws Judicial branch –(Judges appointed by Executive Branch) - courts interpret laws and settle disputes by applying the law. Courts can decide a controversy only when it has authority to hear and adjudicate the case. Judicial branch –(Judges appointed by Executive Branch) - courts interpret laws and settle disputes by applying the law. Courts can decide a controversy only when it has authority to hear and adjudicate the case.

9 Chapter 2 – School And the Legal Environment 4. Court Functions Deciding controversies – Determining facts of dispute and applying applicable law. Statutes may apply, where applicable or base decision on previous decisions. Deciding controversies – Determining facts of dispute and applying applicable law. Statutes may apply, where applicable or base decision on previous decisions. Stare decisis – (let it stand) adherence to precedent Stare decisis – (let it stand) adherence to precedent Interpretation of law – occurs when a statute does not provide a clear answer to the question before the court. Interpretation of law – occurs when a statute does not provide a clear answer to the question before the court. Judicial Review - a Supreme Courts power to declare that a statute is unconstitutional. Judicial Review - a Supreme Courts power to declare that a statute is unconstitutional. 5. General Welfare Clause Clause of Constitution where Congress has power to collect taxes, imports and excises, pay the debts provided for common defense, et cetera. This clause often used as rationale for enacting legislation that affects operation of public schools Clause of Constitution where Congress has power to collect taxes, imports and excises, pay the debts provided for common defense, et cetera. This clause often used as rationale for enacting legislation that affects operation of public schools

10 Chapter 2 – School And the Legal Environment 6. Amendments: 1 st, 4 th, 5 th, 14 th 1 st Amendment- Freedom of speech, religion, press, peaceable assembly, petition the Government for redress of grievances 1 st Amendment- Freedom of speech, religion, press, peaceable assembly, petition the Government for redress of grievances 4 th Amendment – protects rights to be secure in their houses, papers, effects against unreasonable search or seizure. 4 th Amendment – protects rights to be secure in their houses, papers, effects against unreasonable search or seizure. 5 th Amendment – Freedom to protect citizens from being compelled in any criminal case to be a witness against self. (Plead the 5 th ) 5 th Amendment – Freedom to protect citizens from being compelled in any criminal case to be a witness against self. (Plead the 5 th ) 14 th Amendment – no state shall deny person its jurisdiction to equal protection of law. Generally cited in education cases dealing with race, gender or ethnic background issues. 14 th Amendment – no state shall deny person its jurisdiction to equal protection of law. Generally cited in education cases dealing with race, gender or ethnic background issues. 7. Articles II, III, IV, V VI, Get to Know them Get to Know them

11 Chapter 2 – School And the Legal Environment 8. Amendments: VI, VII, VIII, IX, X, XI, XIII Article VI – Right to a speedy trial by impartial jury Article VI – Right to a speedy trial by impartial jury Article VII – Suits at common law, where value in controversy shall exceed twenty dollars, right of trial by jury shall be preserved Article VII – Suits at common law, where value in controversy shall exceed twenty dollars, right of trial by jury shall be preserved Amendment VIII - Excessive bail shall not be required nor excessive fines imposed or cruel and unusual punishments inflicted Amendment VIII - Excessive bail shall not be required nor excessive fines imposed or cruel and unusual punishments inflicted Amendment IX – Certain rights shall not be construed to deny or disparage others retained by the people. Amendment IX – Certain rights shall not be construed to deny or disparage others retained by the people. Amendment X – powers not delegated to United States by Constitution nor prohibited to by the states are reserved to the States or to the people. Amendment X – powers not delegated to United States by Constitution nor prohibited to by the states are reserved to the States or to the people. Amendment XI – Judicial power of US shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the US Citizens b of another state Amendment XI – Judicial power of US shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the US Citizens b of another state Amendment XIII – Neither slavery nor involuntary servitude shall exist within the United States or any place subject o their jurisdiction. Amendment XIII – Neither slavery nor involuntary servitude shall exist within the United States or any place subject o their jurisdiction.

12 Chapter 2 – School And the Legal Environment 9. Desegregation Brown vs. Board of Education Brown vs. Board of Education 10. School Finance San Antonio Independent School District v. Rodriguez and Serrano v. Priest San Antonio Independent School District v. Rodriguez and Serrano v. Priest 11. Student and Teacher Rights Pickering v. Board of Education of Township High School District 205 Pickering v. Board of Education of Township High School District 205 Tinker v. Des Moines Independent Community School District Tinker v. Des Moines Independent Community School District 12. Special Education Education for All Handicapped Children Act of 1975 (IDEA) Education for All Handicapped Children Act of 1975 (IDEA)

13 Chapter 2 – School And the Legal Environment 13. Church and State Relationship between church and state Relationship between church and state Numerous cases that have challenged public schools as cited Numerous cases that have challenged public schools as cited 14. Federal Statues Affecting Educational Practices Civil Rights Act Title IX Family Educational Rights and Privacy Act of 1974 (FERPA) Americans with Disabilities Act (ADA) Individuals with Disabilities Education Act (IDEA) Age Discrimination in Employment Act (ADEA) Rehabilitation Act (504) Equal Education Act Family and Medical Leave Act (FMLA) Workmans Compensation School Choice Legislation Governing Charter Schools and Vouchers

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15 Post It Notes – Questions?


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