EDU 582 The Principal’s Quick – Reference Guide to School Law

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: 1st, 4th, 5th, 14th

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: 1st, 4th, 5th, 14th 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

Tenets of Preventive Law/Risk Management Chapter 1 – Preventive Law 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 decisions Application of procedures – Adhere to procedures ad precedents Working 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…. 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 facto 4 Tenets of Preventive Law 1 - Anticipate Legal Challenges 2 - Evaluate merits of challenges 3 - Consideration of policies affected by such challenges 4 - Implementation or modification where appropriate

Potential Risks – Identification Chapter 1 – Preventive Law 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 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 child 4. Affirmative Duty of School – Based Personnel in Risk Mgt/Prevention Ensure building, procedures, policies are in compliance with state, federal and local laws Be certain those procedures are followed Effective supervision of program including development, oversight and regular evaluation Promote hiring of competent administrative, teaching and support staff Effective supervision of staff Manage of school’s physical facilities

5. Preventive Law Mind-set Chapter 1 – Preventive Law 5. Preventive Law Mind-set Crisis Management with Crisis Plan, Crisis Team Examples of Crisis to be prepared for: Bomb threats Death or suicide Fire or explosion 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 media Effective communication with home, community One spokesperson for school and/or district You are in control of media and reporters You cannot avoid media

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 mandates 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 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.

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) 3. How laws are made and enforced 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 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.

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 precedent Interpretation 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 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

Chapter 2 – School And the Legal Environment 6. Amendments: 1st, 4th, 5th, 14th 1st Amendment- Freedom of speech, religion, press, peaceable assembly, petition the Government for redress of grievances 4th 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

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 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 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 state Amendment XIII – Neither slavery nor involuntary servitude shall exist within the United States or any place subject o their jurisdiction.

Chapter 2 – School And the Legal Environment 9. Desegregation Brown vs. Board of Education 10. School Finance 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 Tinker v. Des Moines Independent Community School District 12. Special Education Education for All Handicapped Children Act of 1975 (IDEA)

Chapter 2 – School And the Legal Environment 13. Church and State Relationship between church and state 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) Workman’s Compensation School Choice Legislation Governing Charter Schools and Vouchers

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