edu 582 the principals quick – reference guide to school law

EDU 582

The Principal’s

Quick – Reference

Guide to

School Law

Table of ContentsTable of ContentsChapter 1 – Preventive LawChapter 1 – Preventive LawTenets of Preventive Law/Risk ManagementTenets of Preventive Law/Risk Management

What is Preventive Law?What is Preventive Law?

Potential Risks – IdentificationPotential Risks – Identification

Affirmative Duty of School – Based Personnel in Risk Affirmative Duty of School – Based Personnel in Risk Mgt/PreventionMgt/Prevention

Preventive Law Mind-setPreventive Law Mind-set

MediaMedia

Chapter 2 – School And the Legal Chapter 2 – School And the Legal EnvironmentEnvironment

Basic PrinciplesBasic Principles

Constitutional Law, Common Law, Statutory Law, Constitutional Law, Common Law, Statutory Law, Administrative LawAdministrative Law

How laws are made and enforcedHow laws are made and enforced

Court FunctionsCourt Functions

General Welfare ClauseGeneral Welfare Clause

Amendments: 1Amendments: 1stst, 4, 4thth, 5, 5thth, 14, 14thth

Table of ContentsTable of ContentsChapter 2 – School And the Legal Chapter 2 – School And the Legal

EnvironmentEnvironmentBasic PrinciplesBasic Principles

Constitutional Law, Common Law, Statutory Law, Constitutional Law, Common Law, Statutory Law, Administrative LawAdministrative Law

How laws are made and enforcedHow laws are made and enforced

Court FunctionsCourt Functions

General Welfare ClauseGeneral Welfare Clause

Amendments: 1Amendments: 1stst, 4, 4thth, 5, 5thth, 14, 14thth

Articles II, III, IV, V VI, Articles II, III, IV, V VI,

Amendments: VI, VII, VIII, IX, X, XI, XIIIAmendments: VI, VII, VIII, IX, X, XI, XIII

DesegregationDesegregation

School FinanceSchool Finance

Student and Teacher RightsStudent and Teacher Rights

Special EducationSpecial Education

Church and StateChurch and State

Federal Statues Affecting Educational PracticesFederal Statues Affecting Educational Practices

Chapter 1 – Preventive Chapter 1 – Preventive LawLaw1.1. Tenets of Preventive Law/Risk ManagementTenets of Preventive Law/Risk Management

• Understanding of substance of law limits – decisions based on Understanding of substance of law limits – decisions based on understanding of basic tenets and knowledge of current educational understanding of basic tenets and knowledge of current educational litigation decisions 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 Working with legal Counsel to reduce loss – consult with Legal

CounselCounsel• Flexibility to reduce conflict by fostering school climate with Flexibility to reduce conflict by fostering school climate with

divergent ideas may be represented, respected….divergent ideas may be represented, respected….• Knowledge of Precedent, constitutional compliance – understand Knowledge of Precedent, constitutional compliance – understand

legal ramifications of precedent-setting cases.legal ramifications of precedent-setting cases.

2.What is Preventive Law?2.What is Preventive Law?• Defined as program, supported by policies, procedures, regulations. Defined as program, supported by policies, procedures, regulations.

Emphasizes importance of Emphasizes importance of pre facto pre facto 4 Tenets of Preventive Law4 Tenets of Preventive Law 1 - Anticipate Legal Challenges1 - Anticipate Legal Challenges 2 - Evaluate merits of challenges2 - Evaluate merits of challenges 3 - Consideration of policies affected by such challenges3 - Consideration of policies affected by such challenges 4 - Implementation or modification where appropriate4 - Implementation or modification where appropriate

Chapter 1 – Preventive Chapter 1 – Preventive LawLaw

3.3. Potential Risks – IdentificationPotential Risks – Identification• Areas where law is less certain, principals identify and analyze risk Areas where law is less certain, principals identify and analyze risk

and choose course of action that has least possible litigation and choose course of action that has least possible litigation implicationsimplications

• Example given: Inspection of water heaters, bad roof on school Example given: Inspection of water heaters, bad roof on school building causing collapse, bad doors on school causing intruder to building causing collapse, bad doors on school causing intruder to come in and assault young childcome in and assault young child

4. Affirmative Duty of School – Based Personnel 4. Affirmative Duty of School – Based Personnel in Risk Mgt/Preventionin Risk Mgt/Prevention

• Ensure building, procedures, policies are in compliance with state, Ensure building, procedures, policies are in compliance with state, federal and local lawsfederal and local laws

• Be certain those procedures are followedBe certain those procedures are followed• Effective supervision of program including development, oversight Effective supervision of program including development, oversight

and regular evaluationand regular evaluation• Promote hiring of competent administrative, teaching and support Promote hiring of competent administrative, teaching and support

staffstaff• Effective supervision of staffEffective supervision of staff• Manage of school’s physical facilitiesManage of school’s physical facilities

Chapter 1 – Preventive Chapter 1 – Preventive LawLaw

5. Preventive Law Mind-set5. 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 threatsBomb threats

Death or suicideDeath or suicideFire or explosionFire or explosion

Gun or other weapons in schoolGun or other weapons in schoolHostage situationHostage situationKidnapping, childnapping, missing Kidnapping, childnapping, missing

studentstudentMedical emergencyMedical emergencySexual AssaultSexual AssaultShooting or stabbingShooting or stabbingTornado or other severe weatherTornado or other severe weather

6. Media6. 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


1. Basic Principles1. Basic Principles System of government provides structure of laws that System of government provides structure of laws that

protects individual rights.protects individual rights.

Law is a rule of civil conduct prescribed by local, state or Law is a rule of civil conduct prescribed by local, state or federal mandatesfederal mandates

All laws based on assumption that for each action, there All laws based on assumption that for each action, there is expected consequenceis expected consequence

2. Constitutional Law, Common Law, 2. Constitutional Law, Common Law, Statutory Law, Administrative LawStatutory Law, Administrative Law

Constitutional LawConstitutional Law – where a constitution is basic source – where a constitution is basic source of law for jurisdiction. Constitutions are broad, of law for jurisdiction. Constitutions are broad, philosophical statements of general beliefs. Designates philosophical statements of general beliefs. Designates allocation of power between levels of governmentallocation of power between levels of government

Common LawCommon Law – When court confronted with problem that – When court confronted with problem that cannot be solved by reference to pertinent legislation, cannot be solved by reference to pertinent legislation, (statutory law) problem is decided according to common (statutory law) problem is decided according to common law. Common law defined as principles, procedures and law. Common law defined as principles, procedures and rules of action, enforced by courts, based on history or rules of action, enforced by courts, based on history or custom with modifications as required by circumstances custom with modifications as required by circumstances or time.or time.


2. Constitutional Law, Common Law, 2. Constitutional Law, Common Law, Statutory and Administrative LawStatutory and Administrative Law

Statutory and Administrative LawStatutory and Administrative Law – laws passed by – laws passed by legislative body. Laws may alter common law by legislative body. Laws may alter common law by adding to, deleting from or eliminating law. Courts are adding to, deleting from or eliminating law. Courts are final interpreters of legislative provisions. final interpreters of legislative provisions. Administrative laws are regulations passed by Administrative laws are regulations passed by agencies. States may have agencies (DPI) that will agencies. States may have agencies (DPI) that will pass laws (State NCLB Standards) that will be passed pass laws (State NCLB Standards) that will be passed down to local agencies (school districts)down to local agencies (school districts)

3. How laws are made and enforced3. How laws are made and enforced Legislative BranchLegislative Branch – (Legislators) Primary function is to – (Legislators) Primary function is to

make lawsmake laws

Executive BranchExecutive Branch – (Governor, Lt. Governor, Attorney – (Governor, Lt. Governor, Attorney General) Primary function is to represent sate and General) Primary function is to represent sate and enforce lawsenforce laws

Judicial branchJudicial branch –(Judges appointed by Executive –(Judges appointed by Executive Branch) - courts interpret laws and settle disputes by Branch) - courts interpret laws and settle disputes by applying the law. Courts can decide a controversy only applying the law. Courts can decide a controversy only when it has authority to hear and adjudicate the case.when it has authority to hear and adjudicate the case.


4. Court Functions4. Court Functions Deciding controversiesDeciding controversies – Determining facts of dispute – Determining facts of dispute

and applying applicable law. Statutes may apply, and applying applicable law. Statutes may apply, where applicable or base decision on previous where applicable or base decision on previous decisions.decisions.

Stare decisisStare decisis – (let it stand) adherence to precedent– (let it stand) adherence to precedent

Interpretation of lawInterpretation of law – occurs when a statute does not – occurs when a statute does not provide a clear answer to the question before the provide a clear answer to the question before the court. court.

Judicial ReviewJudicial Review - a Supreme Court’s power to declare - a Supreme Court’s power to declare that a statute is unconstitutional. that a statute is unconstitutional.

5. General Welfare Clause5. General Welfare Clause Clause of Constitution where Congress has power to Clause of Constitution where Congress has power to

collect taxes, imports and excises, pay the debts collect taxes, imports and excises, pay the debts provided for common defense, et cetera. This clause provided for common defense, et cetera. This clause often used as rationale for enacting legislation that often used as rationale for enacting legislation that affects operation of public schoolsaffects operation of public schools


6. Amendments: 16. Amendments: 1stst, 4, 4thth, 5, 5thth, 14, 14thth 11stst Amendment- Amendment- Freedom of speech, religion, press, Freedom of speech, religion, press,

peaceable assembly, petition the Government for peaceable assembly, petition the Government for redress of grievancesredress of grievances

44thth Amendment Amendment – protects rights to be secure in their – protects rights to be secure in their houses, papers, effects against unreasonable search or houses, papers, effects against unreasonable search or seizure.seizure.

55thth Amendment Amendment – Freedom to protect citizens from – Freedom to protect citizens from being compelled in any criminal case to be a witness being compelled in any criminal case to be a witness against self. (Plead the 5against self. (Plead the 5thth))

1414thth Amendment Amendment – no state shall deny person its – no state shall deny person its jurisdiction to equal protection of law. Generally cited jurisdiction to equal protection of law. Generally cited in education cases dealing with race, gender or ethnic in education cases dealing with race, gender or ethnic background issues.background issues.

7. Articles II, III, IV, V VI, 7. Articles II, III, IV, V VI, Get to Know themGet to Know them


8. Amendments: VI, VII, VIII, IX, X, XI, XIII8. Amendments: VI, VII, VIII, IX, X, XI, XIII Article VIArticle VI – Right to a speedy trial by impartial jury – Right to a speedy trial by impartial jury

Article VIIArticle VII – Suits at common law, where value in – Suits at common law, where value in controversy shall exceed twenty dollars, right of trial controversy shall exceed twenty dollars, right of trial by jury shall be preservedby jury shall be preserved

Amendment VIIIAmendment VIII - Excessive bail shall not be required - Excessive bail shall not be required nor excessive fines imposed or cruel and unusual nor excessive fines imposed or cruel and unusual punishments inflictedpunishments inflicted

Amendment IXAmendment IX – Certain rights shall not be construed – Certain rights shall not be construed to deny or disparage others retained by the people.to deny or disparage others retained by the people.

Amendment XAmendment X – powers not delegated to United States – powers not delegated to United States by Constitution nor prohibited to by the states are by Constitution nor prohibited to by the states are reserved to the States or to the people.reserved to the States or to the people.

Amendment XIAmendment XI – Judicial power of US shall not be – Judicial power of US shall not be construed to extend to any suit in law or equity, construed to extend to any suit in law or equity, commenced or prosecuted against one of the US commenced or prosecuted against one of the US Citizens b of another state Citizens b of another state

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


9. Desegregation9. Desegregation Brown vs. Board of EducationBrown vs. Board of Education

10. School Finance10. School Finance San Antonio Independent School District v. Rodriguez San Antonio Independent School District v. Rodriguez

and Serrano v. Priestand Serrano v. Priest

11. Student and Teacher Rights11. Student and Teacher Rights Pickering v. Board of Education of Township High Pickering v. Board of Education of Township High

School District 205School District 205

Tinker v. Des Moines Independent Community School Tinker v. Des Moines Independent Community School DistrictDistrict

12. Special Education12. Special Education Education for All Handicapped Children Act of 1975 Education for All Handicapped Children Act of 1975

(IDEA)(IDEA)


13. Church and State13. Church and State Relationship between church and stateRelationship between church and state

Numerous cases that have challenged public schools as Numerous cases that have challenged public schools as citedcited

14. Federal Statues Affecting Educational 14. Federal Statues Affecting Educational PracticesPractices

Civil 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

http://www.eeoc.govhttp://www.eeoc.gov

Post It Notes – Questions?

edu 582 the principals quick – reference guide to school law

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