Presentation on theme: "EDU 582 The Principal’s Quick – Reference Guide to School Law."— Presentation transcript:
1 EDU 582The Principal’sQuick – ReferenceGuide toSchool Law
2 Table of Contents Chapter 1 – Preventive Law Tenets of Preventive Law/Risk ManagementWhat is Preventive Law?Potential Risks – IdentificationAffirmative Duty of School – Based Personnel in Risk Mgt/PreventionPreventive Law Mind-setMediaChapter 2 – School And the Legal EnvironmentBasic PrinciplesConstitutional Law, Common Law, Statutory Law, Administrative LawHow laws are made and enforcedCourt FunctionsGeneral Welfare ClauseAmendments: 1st, 4th, 5th, 14th
3 Table of Contents Chapter 2 – School And the Legal Environment Basic PrinciplesConstitutional Law, Common Law, Statutory Law, Administrative LawHow laws are made and enforcedCourt FunctionsGeneral Welfare ClauseAmendments: 1st, 4th, 5th, 14thArticles II, III, IV, V VI,Amendments: VI, VII, VIII, IX, X, XI, XIIIDesegregationSchool FinanceStudent and Teacher RightsSpecial EducationChurch and StateFederal Statues Affecting Educational Practices
4 Tenets of Preventive Law/Risk Management Chapter 1 – Preventive LawTenets of Preventive Law/Risk ManagementUnderstanding of substance of law limits – decisions based on understanding of basic tenets and knowledge of current educational litigation decisionsApplication of procedures – Adhere to procedures ad precedentsWorking with legal Counsel to reduce loss – consult with Legal CounselFlexibility 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.2.What is Preventive Law?Defined as program, supported by policies, procedures, regulations. Emphasizes importance of pre facto4 Tenets of Preventive Law1 - Anticipate Legal Challenges2 - Evaluate merits of challenges3 - Consideration of policies affected by such challenges4 - Implementation or modification where appropriate
5 Potential Risks – Identification Chapter 1 – Preventive LawPotential Risks – IdentificationAreas where law is less certain, principals identify and analyze risk and choose course of action that has least possible litigation implicationsExample given: Inspection of water heaters, bad roof on school building causing collapse, bad doors on school causing intruder to come in and assault young child4. Affirmative Duty of School – Based Personnel in Risk Mgt/PreventionEnsure building, procedures, policies are in compliance with state, federal and local lawsBe certain those procedures are followedEffective supervision of program including development, oversight and regular evaluationPromote hiring of competent administrative, teaching and support staffEffective supervision of staffManage of school’s physical facilities
6 5. Preventive Law Mind-set Chapter 1 – Preventive Law5. Preventive Law Mind-setCrisis Management with Crisis Plan, Crisis TeamExamples of Crisis to be prepared for:Bomb threatsDeath or suicideFire or explosionGun or other weapons in schoolHostage situationKidnapping, childnapping, missing studentMedical emergencySexual AssaultShooting or stabbingTornado or other severe weather6. MediaIn crisis plan, there must be plan to handle mediaEffective communication with home, communityOne spokesperson for school and/or districtYou are in control of media and reportersYou 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.Law is a rule of civil conduct prescribed by local, state or federal mandatesAll laws based on assumption that for each action, there is expected consequence2. Constitutional Law, Common Law, Statutory Law, Administrative LawConstitutional 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 governmentCommon 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 LawStatutory 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 enforcedLegislative Branch – (Legislators) Primary function is to make lawsExecutive Branch – (Governor, Lt. Governor, Attorney General) Primary function is to represent sate and enforce lawsJudicial 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.Stare decisis – (let it stand) adherence to precedentInterpretation of law – occurs when a statute does not provide a clear answer to the question before the court.Judicial Review - a Supreme Court’s power to declare that a statute is unconstitutional.5. General Welfare ClauseClause 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: 1st, 4th, 5th, 14th1st Amendment- Freedom of speech, religion, press, peaceable assembly, petition the Government for redress of grievances4th Amendment – protects rights to be secure in their houses, papers, effects against unreasonable search or seizure.5th Amendment – Freedom to protect citizens from being compelled in any criminal case to be a witness against self. (Plead the 5th)14th 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
11 Chapter 2 – School And the Legal Environment 8. Amendments: VI, VII, VIII, IX, X, XI, XIIIArticle VI – Right to a speedy trial by impartial juryArticle VII – Suits at common law, where value in controversy shall exceed twenty dollars, right of trial by jury shall be preservedAmendment VIII - Excessive bail shall not be required nor excessive fines imposed or cruel and unusual punishments inflictedAmendment 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 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 stateAmendment 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 Education10. School FinanceSan Antonio Independent School District v. Rodriguez and Serrano v. Priest11. Student and Teacher RightsPickering v. Board of Education of Township High School District 205Tinker v. Des Moines Independent Community School District12. Special EducationEducation for All Handicapped Children Act of 1975 (IDEA)
13 Chapter 2 – School And the Legal Environment 13. Church and StateRelationship between church and stateNumerous cases that have challenged public schools as cited14. Federal Statues Affecting Educational PracticesCivil Rights ActTitle IXFamily 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 ActFamily and Medical Leave Act (FMLA)Workman’s CompensationSchool ChoiceLegislation Governing Charter Schools and Vouchers