1. Chapter 1: The Legal System

2. The Legal System State established and locally administered Legislative authority over education Limited authority to ensure individual rights

3. U.S. Court System  Landmark decisions—rulings from the U.S. Supreme Court  Federal Court decisions—federal circuit court of appeals and district courts  State Court decisions—varies according to state  Administrative rulings from State Educational Agencies, the Office of Civil Rights, or other administrative agencies

4. Across the U.S. Federal system= 50 versions Tremendous variation across states 1,000s of districts

5. In Connecticut Town Districts=149 Regional=19 Magnet = 14 Charter = 16

6. Regional Organization

7. The CT Provision for Education CT Constitution:  There shall always be free public elementary and secondary schools in the state.  The general assembly shall implement this principle by appropriate legislation

8. The Legal System The Connecticut Court System  Federal Courts U.S. Supreme Court Federal Circuit Court of Appeals Second circuit (CT, NY, VT) U.S. District Court, CT (one in CT)  State Courts Connecticut Supreme Court Connecticut Superior Court Connecticut Circuit Court Connecticut Appellate Court

9. The State’s Role Power originates with a mandate from the state legislature LSEAs created to act as state agents LSEAs only have the power granted through statute

10. CT Interests  Primary interests include: Equal education opportunity Minimum expenditure Opportunities for diverse experiences

11. The Legal System Courts interpret the will of the legislature  Two key cases in CT:  Horton v. Meskill (1977) State aid formula  Sheff v. O.Neill (1995) de facto v de jure segregation Remedy entrusted to Assembly

12. Types of Law Constitutional Based on fundamental personal, property, and political rights Statutes Express legislative will and establish law Common and effective method Subject to judicial review Court/Case Law General and overarching Derived from actual legal controversies

13. More on the Courts Powers and functions of the courts  Maintain separation of powers  Assume that legislative acts are fair and not capricious (burden of proof)  Exhaustion of administrative remedies Interpreting statutes  Receive fully into law  Receive as analogy  Not receive as full  Receive full but with constraints

14. Courts (cont.) Determining Constitutionality  Presume that it IS  Stare decisis  Courts will follow earlier decision in an orderly manner  Fundamental to the “rule of law”  Lower courts will generally uphold higher courts

15. Court Decisions Understanding judicial decisions  Only facts are relevant  Ratio decidendi (the point of balance)  Courts must decide on what is presented  Can only decide on what is presented

16. Court Rulings Understanding judicial decisions (cont.)  Can only decide based on a general rule to be applied across similar cases  Everything is important (minority and majority opinions)  Defendant must have an interest in the proceedings  Judicial precedent vs. persuasive authority  Legal holdings vs. “dicta”

17. End of Ch. 1 QUESTIONS? COMMENTS? CRITICISMS?