SOURCES OF LAW AND THE COURTS A NATION OF LAWS EDUCATIONAL GOVERNANCE

Federal System Educational Policy may not be enforced arbitrarily or capriciously but must be based on the appropriate legal authority. Federal State Local Boards of Education

Sources of Law Federal Level Constitution and Amendments 14 th Amendment All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the priviledges or immunities of citizens of the United States. Nor shall any State depive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

Due Process When a person is treated the same by state or local government action as another person under similar circumstances. Procedural Due Process Substantive Due Process Sweezy v. New Hampshire, 354 U.S, 234 (1957)

Equal Protection If a state renders a benefit to one individual it must be granted to all in that class

Other Sources of Law Statutes Case Law Executive Orders and Attorney General Opinions

State Level State Constitutions State Statutes Case Law State Board of Education, Chief State School Officer, and State Department of Education Attorney General opinions

Local Level Local Board of Education Policy Building Level Rules and Regulations Classroom Rules and Regulations

The American Judicial System A dual system of state and federal courts School cases often involve equity law State Court System varies from state to state

Federal Court System See and refer to class handout District Courts Courts of Appeal Supreme Court