Chapter 1 – Legal Framework Affecting Public Schools

Chapter Notes

Sources of Law

1. Constitution & Amendments (Bill of Rights – 1st 10 Amendments)

2. State Constitutions
3. Federal and State Statutes – Acts of Legislative Branch (Congress & State Legislatures)
 Subject to review by judicial branch
4. Case Law /Court Decisions
 Past decisions called Precedents
 Unsettled sometimes due to conflicting court opinions
 Case Law referred by Case name such as New Jersey v. TLO and its citation 469 U.S. 325
5. State Agencies - Make Rules/Regulations
6. State Board’s 6 common legal powers
1) Establish certification standards
2) Establish High School graduation requirements
3) Establish State testing programs
4) Establish school accreditation standards
5) Approve agency budget
6) Develop rules and regulations for administration of programs
7. Local School Board – Exercises authority over local school district and develops school district policy

U.S. System of Courts

1) Federal Courts
a. Deal with federal or constitutional issues
b. Federal District – Federal Circuit Appeals Court (NE, IA, SD in 8th) – U.S. Supreme Court
2) State Courts
a. General Jurisdiction - Circuit and/or District Courts
b. Special Jurisdiction - Traffic/Muncipal Court – Small Claims – Juvenile?
c. Intermediate Appellate Courts – Court of Appeals
d. Appellate Courts - State Supreme Court

Analysis of Court Opinion

1) Citation: Plaintiff v. Defendant (New Jersey v. TLO)

2) Procedure: Relief – What the plaintiff wants the court to do
3) Facts - Facts of the case
4) Ruling and Justification - Courts decision on matter and why
5) Disposition – The courts action or order made as a result

U.S. Supreme Court

1. Highest court in the land—no appeal beyond this court.

2. Nine justices—chief justice, comprise the High Court.
3. Reaches Supreme Court by appeal and writ of certiorari.