Beruflich Dokumente
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ELS 657 This and School Finance will help you stay out of jail!
History
Mass. Law of 1642 Required fathers and masters to see to childrens and servants (apprentices) education public humiliation Revised in 1647 apparently the law five years earlier had failed. Mass. required taxation for settlements of 50 or more for Ye Olde Deluder Satan
Geographic Variations
Distinctions existed between various regions in the colonies Cubberley (1934)
Good School Conditions Mixed Conditions Pauper/Parochial Schools No Action Group
Mixed Conditions
Mixed settlements of people had conflicting ideas about the value and/or purpose of education
Indiana, Illinois
Pauper/Parochial Schools
Mostly middle colonies with traditional English ideas (elitist) about education somewhat necessary for all very necessary for the elite.
PA, NJ, DE, MD, VA, GA, SC, LA
No Action Group
Religious freedom and anti- government states that took no action or as little action as possible.
RI, KY, TN, NC, MS, AL
Conundrum
Studying school law is like witnessing a balancing act. On the one hand, the power of sovereignty rests in legislative control of schools. On the other hand, the courts define and restrain that sovereignty. Educators practice in a fluid middle ground of state control and individual freedom.
Constitutions
The legal framework of operations Fluid Rights and freedoms United States States and territories
Statute
Statutum it is decided Act of government expressing a law Follow furrows or break new ground Generally, public schools are governed by state statutes All 50 states constitutions require free public schools Rules and regs of schools have statutory effect
Case law
Judge-made law Courts interpret statutes Explain relationships and clear confusion between statutes, constitutions, and case law Courts say what the law is (Marbury v. Madison) Apply principles to practice
Marbury v. Madison
It is emphatically the province and duty of the judicial department to say what the law isIf two laws conflict with each other, the court must decide on the operation of each.
Stare Decisis
Let the decision stand Unless there are compelling, legal contradictions Precedent Blackstone said to keep the scale of justice even and steady, and not liable to waiver with every new judges opinion.
Chapter 2
Historical Perspective of Public Schools
Review
True or False 1) One function of a state court is to resolve cases between citizens of different states. 2) A civil action is one initiated by the state for the purpose of obtaining compliance with the law. 3) The ruling from the highest court in one jurisdiction (4th circuit) takes precedence over a conflicting ruling from the fifth circuit.
True or False
4) Common law of the US is composed of
the entire body of law including the constitutions, statutes, cases, AGOs, and official rules and regulations. 5) Whenever a law is challenged in court, the court assumes that the law is unconstitutional, and the burden of proof is on the plaintiff.
True or False
6) The US Supreme Court is the highest court
in the land beyond which there is no appeal. 7) Common law precedents are established by courts. 8) Stare decisis means stop looking at me. 9) The first public school laws were not established in this land until 1790.
1770s
Benjamin Rush advocated an education system that:
Had uniformity of access Method to pursue a course of study Organization from primary to secondary to university
State Constitutions
Generally, from the mid-1970s courts have re-examined the issues of education in terms of art as expressed in the State Constitution The courts have held that when these terms of art are not met in practice, they may be invalidated the courts may order restructuring
Problems
Efficient versus effective Cherish Uniform Equity issues
Cases
McDuffy v. Mass. (1993) 16 young high school students in Mass. Plaintiffs argued that the Mass. funding formula denied them an adequate education in their community violating Mass Constitution Plaintiffs sued the governor, DOE, Commissioner of Ed., State Board of Ed., and the Revenue Dept.
McDuffy case
Plaintiffs factual claims were:
Inadequacy of education at their schools Insufficiency of funding for their schools Mass. inability to develop an adequate funding formula
McDuffy case
The term cherish was used in the 18th century to impart a meaning not used today. It would be nurture, nourish, or support now The court decided that the history of the founding of public schools in Mass was essential to the case. 1647 statute, cherish, and system were all cited by the court
McDuffy case
The court observed the involvement of John and Samuel Adams in the establishment of schools in Mass Court decided that cherish and system were not oratory, but obligatory. Mass has an obligation to provide a system Remanded to lower court to determine appropriate funding
Rose case
Court held education is a fundamental right in KY Current system did not satisfy efficient system language of the Constitution School system was not uniform or adequate System of schools must be adequately funded to achieve its goals and must be substantially uniform (my emphasis)
Rose case
Court found overall inadequacy in comparison with national standards and standards in adjacent states Found a great disparity of opportunity throughout the state. Wide variance in per-pupil expenditure, curriculum, and services offered
Rose case
Defendants argued local boards had control Court maintained that the sole responsibility lay with the General Assembly for providing the system of schools Notice definition for efficient on p. 40-41 Following this, the General Assembly was directed to make substantial changes and restructure the finance distribution system
Commonwealth v. Hartman
1851 Pennsylvania case This case shows the difficult transition from pauper schools to common schools The General Assembly was willing to fund pauper schools but not common schools Court decided that basis is in interpretation of a state constitution
Commonwealth v. Hartman
At that time the state constitution provided that the legislature provide for schools in such a manner that the poor were taught gratis Plaintiffs argued that the constitutional language limited the legislature in what could be provided
Commonwealth v. Hartman
Courts said the legislature was in error the state constitution does not define a maximum of legislative power, instead it defines a minimum level. The rule of law is that a state legislature has jurisdiction over all subject on which its legislation is unlimited
Kalamazoo Case
S.Ct. 1872 No previous legislative or judicial authority had been granted to operate high schools in Michigan primary schools and academies Predominant college prep academy was Kalamazoo College
Kalamazoo Case
One Michigan superintendent started a union high school merger of districts to support a high school This took away students from the prestigious KC and local taxpayers and KC filed suit against localities operating high schools in Michigan at taxpayer expense
Kalamazoo Case
The lower court found in favor of KC and the local parents S.Ct. reversed the ruling opening all of Michigan for the high school movement KC went out of business
Cardiff v. Bismark
North Dakota, 1978 S. Ct. ruled that textbook fees violate the constitution Case brought by elementary school parents challenging authority of school district to charge textbook rental fees to children Court said free means free not just tuition, but texts
Cardiff v. Bismark
State said this was a local school board issue Court said the state can not abrogate its authority to maintain a system of schools that violates the consitution This case took until 1991 to be implemented in Virginia Tried in West Virginia in 1995 (Randolph County v. Adams) with same result
Hartzell v. Connell
California S. Ct, 1984 found that the state provision for free public schools prohibited collection of fees for curricular or extra curricular activities Escalating costs required examination of options for funding Collected fees of $25 per extra curricular activity
Hartzell v. Connell
Parents sued Lower court found for the school district S.Ct reversed the finding and said that education was not a commodity for sale No fees allowed for extra curricular activities
Charter Schools
Very popular in state legislatures in 1990s By 2000, about 2/3 of all states had provisions for charter schools Originally defined by US Supreme Ct in 1819 Dartmouth College and Pierce v. Society of Friends 1925 Allow some public funds to flow to private schools
Charter Schools
Lately used to obtain vouchers for private schools Redefined by Clinton as public schools chartered by parents or interests States may determine what is a charter school
Parochiaid v. Governor
1997 Michigan S. Ct ruling saying that in Michigan the definition of public schools includes charter schools and that does not constitute parochiaid (parochial aid) to religious schools Michigan never defined a public school and had arbitrary treatment of charter applications Approved under a system of education
Chapter 3
The Role of the Federal Government
Review Questions
Benjamin Rush proposed a comprehensive system of education in the 1880s. Benjamin Franklin wrote the Virginia Constitution. The McDuffy case was finance reform in Mass. The Kentucky finance reform involved the Rose case
Review Questions
The first American high school was started in what city, when? The Kalamazoo case enabled high schools to start in Michigan. Most fees are acceptable in public schools.
Land Ordinances
1785, 1787 Continental Congress established this Common estate in the new nation for education 16th section set aside for education Township 36 square miles one square mile for education
Land Ordinance
Required state legislature and constitution to oversee the land and the education program In Westward expansion, Land Ordinance required an address of education in the new state constitution Could rearrange the 640 acres within the framework
Cases
U.S. v. Lopez, 1995 Federal gun-free school zone legislation of 1990 US Supreme Ct. found that this can not be tied to the Commerce legislation It is still OK to ban guns on school property or within certain distance.
Cases
Shepheard v. Godwin Virginia case, 1968 Impact aid issue State can not reduce services to federal areas exempt from taxation
Chapter 4
Governance of Public Schools
Governance Overview
State function State does not have plenary power SEA and LEA must haves Quasi-judicial functions School Officers Elections Meetings
State Function
General Assembly education is the most important aspect of public government SEA State unit LEA is base or local unit SEA, LEA, and schools are a legislative unit and a body politic immunity Impartiality and fairness doctrine
Cases
Hortonville v, Hortonville Education Association, 1976 U. S. Supreme Court Can school boards with vested interests sit in their own judgment? Dismissals, contract negotiations, employment. In strike situation, teachers facing dismissal felt a neutral party was needed The U.S. Supreme Court did NOT agree
Points to Consider
Did the school board have a personal or financial stake in the actions? Was animosity or bias documented? Did state statute authorize action? Familiarity, decision-maker status, negotiator status issues?
Points to Consider
Is it legal (or right) to delegate this authority beyond the superintendent? Appeal process? Do Constitutional protections apply?
Points to Consider
Ex rel means ex relatione or upon relation or information. Instituted by the attorney general or the district attorney on behalf of the state. School boards derive all their power from the legislature state function. Can uniform be uniform without the power lodged somewhere to make it so?
Points to Consider
See p. 106 for earlier case for limits in Washington Why is a clinic different from a playground? Indispensable, not just convenient. Why different in other states and times?
Points to Consider
KERA, 1989 Language of KERA with the responsibilities divided among the state, local board, and the school building council Councils are responsible for: determining curriculum, instructional practices, discipline, staff, texts, and instructional materials
Points to Consider
The services are voluntary and provided on a fee basis There are no statutes prohibiting such action Discretionary authority exists with the Board of Education
Points to Consider
Williams had taught from 69-75 In 1988 applied to teach again Could not (Board said) as sister-in-law of the Chair Exemption if regularly employed LISTEN TO THIS!
School Elections
All states now provide for school board elections Virginia the last state to do so Election law is complicated Equality of voting power is the controlling factor
Chapter 5
Church and State
Review Questions
The police power of the state refers to the fact that each state has not only the duty, but the responsibility to provide for the health, safety, and general welfare of its people. Common law specifies that all school board meetings must be open to the public regardless of whether or not the state has sunshine laws in effect. Local school boards are part of a state agency.
Review Questions
State constitutions in every state make provisions for public schools. Nepotism is prohibited by the constitution as applied to contracts where spouses or immediate family are involved. The Hortonville case determined that a board may sit in judgment of a case to which it is a party.
Review Questions
Local school boards and other public agencies are classified as having three functions fill in. Executive, quasi-judicial, and quasilegislative
History
Founding fathers came here to escape religious persecution and subsequently, persecuted others (go figure) This idea of government not being involved in the church was so important that it came (later) to be a part of the Federal case law Reynolds v. United States, 1879 USSCt. The original idea was not to mention religion in the new Constitution
History
Pinckney (SC) convinced the Constitutional Convention to include a provision not to have a religious test for public office the last clause. As the new states either ratified, refused to ratify, or proposed amendments, the first amendment became pivotal to the Constitution.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the rights of the people peaceably to assemble and to petition the Government for a redress of grievances.
Founding Ideas
Jefferson and Madison writing back and forth Jefferson writing to the Danbury Baptists in 1802 used the phrase
Cases
Everson v. Board of Education, 1947 US Supreme Court New Jersey had a provision in its laws allowing for parents to be reimbursed for bus fare if they attended parochial school Mr. Everson, a taxpayer, did not like this idea and saw it as public funding of religious schools violating the establishment clause Such reimbursements do not violate establishment
Allen
US Supreme Court found that the NY law does not violate the First or 14th (equal protection) amendments. The State Constitution was framed this way it applies only where such legislation is passed.
But
This started to pose some difficult questions to the courts. Where is the line drawn? Books, busing, tuition? States needed some direction and they found it from the Supreme Court in Lemon v. Kurtzman, 1971
Lemon v. Kurtzman
PA and RI both provided salary supplements (15%) and purchase of services to private, religious schools Parties sued over the establishment clause and the 14th amendment The case established a three-pronged test to determine if a state statute is constitutional
Lemon v. Kurtzman
RI and PA established the new statutes in reaction to the vagueness of the Allen case discussed earlier The court found to be constitutional: 1) the statute must have a secular purpose 2) its principal purpose must neither advance nor inhibit religion 3) must not foster excessive government entanglement with religion
Nyquist, 1973
State wanted to give monies to nonpublic schools for facility maintenance, tuition reimbursement, and tax credits SC found this advanced religion and had excessive entanglement with government
Tax Credits/Deductions
1972, Ohio. Parental reimbursement grant found unconstitutional 1979, New Jersey. SC found tax benefits to non-public school parents unconstitutional Mueller v. Allen, Minnesota, 1983. Provided for tax relief for parents of public and nonpublic school parents. SC affirmed the state statute as a benefit to all parents
Tax Credits/Deductions
Grand Rapids v. Ball, 1985 Offered benefits to parochial schools via shared time, resources, and education programs Courts found this fostered religion
Tax Credits/Deductions
Aguilar v. Felton, 1985 Title 1 funds used to provide services for qualified students in the parochial school building Found to be excessive entanglement
Establishment
Kiryas Joel Village v. Grumet, 1994 Strict Jewish sect in a NYC community was the predominant culture for a school. The School Board carved out a special district just for this religious group and it became its own independent, free district to chose texts, etc.
Establishment
Grumet, a taxpayer sued saying this action violated the establishment clause and provided tax support for parochial schools This had been signed into legislation overwhelmingly by the state legislature and endorsed by the Governor SC ruled that this state statute violated establishment clause
Establishment
Remember Aguilar v. Felton, 1985? Using Title 1 funds to provide services within parochial schools? Agostini v. Felton, 1997 changed all that. Justice OConnor stated that Aguilar is no longer good law Payment of Title 1 teachers in parochial schools is permissible, however, the LEA must retain all materials, control, must be secular.
Establishment
Mitchell v. Helms, Louisiana, 2000. Chapter 2 funds used to service students in parochial schools Chapter 2 allows for loaning texts and materials to private schools. Does that preclude parochial schools? SC ruled this does not violate establishment clause in light of Agostini v. Felton
Establishment
Remember All these decisions are based on state constitutions and the law of the state versus the law of the land If a state has strict language in its constitution regarding antiestablishment, it will be unlikely that establishment will be allowed.
Zorach v. Clauson
US Supreme Court, 1952 Similar case to McCollum except Release time was off school premises Release time not using school facilities does not violate establishment
Wallace v. Jaffree
US Supreme Court, 1985 Alabama case involved a minute of meditation or silent prayer at school each morning Teachers were to lead willing students in a prescribed prayer to Almighty God, Sustainer, the Creator, and Supreme Judge of the world. Violates the establishment clause
Lee v. Weisman
US Supreme Court case, 1992 Rhode Island case where non-sectarian prayers were offered by clergy at graduation Not a first amendment issue Establishment issue As such, this practice is unconstitutional
Mergens
Bridget Mergens asked the principal of her high school to start a Christian club (1985) He denied this based on the establishment clause Mergens appealed the decision based on the federal EEA Ruled that if student groups exist, all students can have a club even if religious, political, or philosophical
Follow-up to Mergens
HSU v. Roslyn Union Free School District, 1996 Christian club established Could only born-again Christians be the officers? School denied charter for the club based on exclusivity of officer selection Court ruled officers essential to meaning of club and to deny charter would violate EAA
Trends
Jeffersons wall of separation is deteriorating Judge Scalia called for the overturn of Lemon test We will have to see what the Supreme Court has to say about Clevelands situation
Chapter 6
School Attendance
Review
The Establishment Clause and the Free Exercise Clause in the U.S. Constitution are found in the Tenth Amendment. A teacher may hold prayer in the classroom each morning if the prayer is not state promulgated. Students are not required to salute the flag if it is contrary to their religious beliefs.
Review
Loans of textbooks to parochial schools does not violate the Establishment Clause of the First Amendment. Public funds for transportation of parochial school students does not violate the Federal Constitution. The three-pronged test for determining the Constitutionality of state aid to parochial schools was identified in what Supreme Court case?
Review
The Bible can be used in public schools for its literary and historic qualities. Student-initiated prayer at graduation and football games is Constitutional. Religious instruction on public school grounds is constitutional if those who object do not have to attend.
School Attendance
What gives the State the right to require under penalty of law to mandate all children attend school? What gives the State the authority to put me in jail if I keep my children out of school?
STATE PREROGATIVE
STATE PREROGATIVE
Exclusive or official right to do something The State has the right and duty to make certain its people are educated if only for their own protection. We hospitalize individuals for their own protection. Restrain, medicate, institutionalize, etc.
STATE PREROGATIVE
Elevation of society Protection of democratic republic Protect liberty
Required education is justified on the grounds of individual and societal interest.
STATE PREROGATIVE
Required in each State Constitution that minimum levels be established That does not prohibit going above the minimum level While the State can require education, it can not arbitrarily omit persons from education
Restrictions
Purpose-related exclusions Residency (place of abode with no present intention of leaving) Most now domicile Not citizenship or alien status
Cases
Plyler v. Doe (1982) U.S. Supreme Court Interesting case. In 1975 Texas was spending in excess of $50 million in educating illegal aliens. The Texas legislature passed a law stating that localities should withhold educational services to illegal aliens. After all, illegal entry into the US is a crime
Plyler v. Doe
Texas is spending money to educate illegal aliens (Martians?) It did not seem a wise investment of taxpayer dollars. ACLU and Legal Aid sued under the 14th amendment which says: No State shall deprive any person of life, liberty or property, without due process of law; nor deny to any person under its jurisdiction the equal protection of the laws.
Plyler v. Doe
Texas said these aliens were not under their jurisdiction ACLU and Legal Aid said yes, they were and denying them an education was not equal protection under the law. What did the Supreme Court say? Guess! Court said We agree with ACLU
Martinez v. Bynum
Involved residency requirement US Supreme Court, 1983 Basically, two Mexican citizens had a son born in Texas which made the boy an American citizen Parents lived in Mexico Sent son to Texas to live with sister and attend school
Martinez v. Bynum
The sister did not want to become guardian They all wanted the boy to attend school in Texas Texas law said parent, guardian, or one having legal control. Court said residency requirements were legal and the boy was not a resident
Compulsory Attendance
First in 1853, Mass. and 1854 in NY In schooling and other areas, the State has control over issues above the parents Child labor was a factor Alabama had child labor law on books in 1887. It was repealed in 1895 when a Massachusetts company demanded its removal conditional to moving there.
Milton Friedman
Nobel laureate economist
Free to Choose
Wanted to overturn compulsory attendance laws Why learn if you do not want to or need to? It is a general welfare issue as such, legal.
Maack v. Lincoln SD
1992 Supreme Court of Nebraska case Children attended school without immunization for measles Measles outbreak and the Maack children (along with 79 others) were excluded from school until the outbreak was over or until immunized
Maack v. Lincoln SD
Maacks stated they would not immunize their children and further the law did not allow exclusion from school Claimed unequal protection under law Court ruled that State had priority in the general welfare of Maack children and others. Supreme Court refused to hear the case
Chapter 7
The Instructional Program
Instructional Programs
Schools are a marketplace of ideas BUT The State has ultimate authority in prescribing curriculum and method of delivery Two overarching tenants: Robust exchange of ideas, and Judges are not experts in education
Andrews v. Webber
1886, Supreme Court of Indiana case The local school system required the study of music Father requested his son be excused Request denied by Superintendent Son refused to participate and was suspended
Andrews v. Webber
Parent appealed and lower court reversed the decision School appealed and the decision was overturned Schools have the right to set curriculum Parent had to pay court costs
Meyer v. Nebraska
1923 US Supreme Court case A Nebraska statute forbade the instruction of foreign language until grade 8 and English was the only language to use A parochial school teacher taught a bright ten-year-old boy German
Meyer v. Nebraska
The law was established so immigrants would speak English and be acculturated into American society Court ruled that this violated the 14th amendment (due process) as it deprived the student of the property of acquired knowledge Court ruled that language is learned early and as this and 14th , reversed the Nebraska law
Steirer v. Bethlehem
US Court of Appeals, 3rd Circuit, 1993 US Supreme Court refused to hear School district required 60 hours of community service for graduation Parents and student claimed this violated 1st, 14th, and 13th amendment (abolishing slavery) Court said rights not violated
Pico
US Supreme Court case, 1982
Pico
When this hit the press, the school board stated the books were anti-American, antiSemitic, and filthy Court ruled that the library is a repository of ideas and that 1st amendment ideas should flourish here Nothing is changed in the way books are added just removed Court ruled School Boards can not remove books just because they dislike ideas in them
Virgil v. Columbia
Court ruled that per Hazelwood, the curriculum had the imprimatur of the school a de facto endorsement of the content Court ruled that Board could alter the curriculum and not be in violation of Pico Supreme Court declined to hear
Brown v. Woodland
US Court of Appeals, 9th Circuit, 1994 Whole language approach used in this California district More than 10,000 titles in grades one through six 32 were challenged as occult-oriented and endorsed the religion of Wicca
Brown v. Woodland
Court ruled that 32 of 10,000 is minor This does not violate the Establishment clause Other religions mentioned Christianity included Court ruled with school system
Keefe v. Geanakos
1st US Circuit Court of Appeals, 1969 Senior Honors English class had a copy of Atlantic magazine with the word bastard included in the text reading School Board called teacher in and asked that this not be used again He declined, was suspended, and recommended for dismissal
Keefe v. Geanakos
Convoluted case Teacher could sue for damages Court ruled that in context there is limited academic freedom Dirty word can be used if it is used for a demonstrated educational purpose
Epperson v. Arkansas
US Supreme Court, 1968 Arkansas enacted legislation making it a crime to teach evolution Statute violated 1st Amendment
Edwards v. Aguillard
US Supreme Court, 1987 Louisiana statute required teaching creation science with teaching of evolution in a balanced manner If one is taught or mentioned, the other must be treated equally Violates Lemon and Establishment
Lau v. Nichols
US Supreme Court case, 1974 San Francisco did not provide instruction for non-English speaking students (Chinese) Violated CRA of 1964 Either teach ESL or hire a translator for most children ESL was chosen
Basically
Courts allow great latitude to school boards in curriculum unless rights are deprived Courts are very hesitant to become experts in education Use common sense Even though common sense is not all that common!
Chapter 8
Student Rights
Common Law
This authority must be tempered with and inherent concern for constitutional rights of students and a reasonableness and humaneness of action 1878 Case (Burpee v. Burton) stated how we operate in loco parentis HOWEVER not fully in the place
Due Process
14th amendment guarantee Substantive Procedural Both are critical in the court rulings on common law authority of schools to act in the place of parents These ideas are generally inviolate
Wiemerslage v. Maine
U.S. 7th Circuit Court of Appeals, 1994 Area was posted as no loitering Students were loitering discussing afternoon plans and names taken by security officer Suspended for 3 days Plaintiff appealed and sued claiming loitering was unconstitutionally vague
Wiemerslage v. Maine
Claimed violation of 1st and 14th amendment substantive due process violated Court disagreed Court of appeals disagreed Policy was designed for public and student protection
Dunn v. Fairfield
U.S. Court of Appeals, 7th Circuit, 1998 School rules did not allow for guitar solos at band concerts and did not allow students to deviate from the performance schedule Four students (seniors) did just that Resulted in an F for students and they did not graduate with honors
Dunn v. Fairfield
Plaintiffs claimed this violated substantive due process 1st amendment free speech Both courts disagreed Court of Appeals questioned the reasonableness of the rules, but conceded it was under the purview of the school
Goss v. Lopez
U.S. Supreme Court, 1975 Nine students were suspended from Columbus schools for misbehavior State code allowed suspension of up to 10 days or expulsion If expulsion, students could appeal No appeal or hearing for suspension
Goss v. Lopez
Court ruled that there was a constitutional right to an education That right could not be taken away without due process The right to procedural due process was inherently involved when fundamental rights are removed
Sexual Harassment
Franklin v. Gwinnett County U.S. Supreme Court, 1992 Unbelievable! Long and short is that damages can be awarded to students for violation of Title IX
Child Abuse
Arkansas Department of Human Services v. Caldwell, Arkansas Court of Appeals, 1992 1988 an AP paddled three 5th grade students caught smoking Parent complained to SS and the caseworker substantiated abuse by AP
Tinker v. DesMoines
U.S. Supreme Court, 1969 Parents and students decided to protest Vietnam war by wearing black arm bands and fasting on two days Administrators heard about this Subsequently adopted a plan to ban armbands
Bethel v. Fraser
U.S. Supreme Court, 1986 Bethel High School student running for office delivered a non-approved speech which contained lewd language Advised a priori that what he intended was inappropriate Called in next day to explain and informed that he would not be a candidate for graduation speaker and suspended 3 days
Bethel v. Fraser
Appealed to school board and denied lewd speech Sued in court as a violation of 1st amendment free speech rights District and appellate courts agreed What did the SC find? Lewd student speech is not protected
Student Publications
1st amendment rights and student publications Hazelwood v. Kuhlmeier, Supreme Court, 1988 Student newspaper issue Journalism class for credit One article featured student pregnancy
Hazelwood v. Kuhlmeier
Principal reviewed per custom Found article inappropriate Censored the article Students (parents) sued under 1st amendment What did the court rule? School may regulate content of articles
Internet?
Beussink v. Woodland, U.S. District Court, Missouri, 1998 Student created a homepage on his own computer, own time, and software found on the Internet which was highly critical of the administration of the high school He wanted to voice his own opinion
Beussink v. Woodland
A previous friend accessed the site in class Teacher saw homepage and was upset Students in other classes saw page Principal suspended student for 5 days More students viewed and suspended for 5-10 days
Beussink v. Woodland
Clean it up or clear it out ultimatum Removed website and returned after 10 days School policy on unexcused absences was 1 day = 1 letter grade drop 10 days = failure What to do? Court ruled 1st amendment not shed at door of school Homepage may be Constitutionally protected
TLO
Called mom and turned evidence over to the local police At police HQ, TLO admitted to selling MJ at high school Lower court and NJ SC agreed that 4th amendment rights had been violated SC disagreed and reversed decision because search was reasonable and not excessively intrusive
Drug Testing
Veronia v, Acton, Supreme Court, 1995 School random tested athletes for drug use based on danger and prominence of athletes in the community Random testing is Constitutional
Cornfield v. Consolidated HS
Student was suspected of crotching drugs Strip search revealed no evidence of drug crotching Student sued under 4th, 5th, and 14th amendments Courts found in favor of school system if reasonable
Chapter 9
Rights of Disabled Children
Review
Pupils have an unlimited constitutional right to exercise free speech in public schools. Tinker said that there are two standards which must be met in controlling free speech or expression clear and present danger and substantial disruption. The more that the state is taking away from individuals the more formal the due process requirements.
Review
A fair and impartial hearing is the basic element of substantive due process. According to Goss v. Lopez, students have a property right in education. Explain the significance of:
Goss v. Lopez Kuhlmeier Bethel v. Frazier -- Hazelwood v. --Ingraham v. Wright
Review
What is the difference between substantive and procedural due process? The courts will not usually interfere with the schools academic program. Meyer v. Nebraska ruled that the state ban on teaching foreign language was a valid exercise of police power of the state. Academic sanctions for nonattendance violates due process for students.
Review
Once a pupil has completed all required courses, issuance of a diploma is a ministerial duty the school must perform. Courts have generally ruled that grades may be reduced as a disciplinary measure to maintain order in the school.
A History
Earliest known school for the handicapped was in Connecticut - founded by Gallaudet in 1817 - a school for the deaf and dumb Conn. legislature gave $5,000 and opened with 7 students. In 1819, the leg. gave 23,000 acres. The school sold the land for $300,000 (angering the legislature). The next year four other states began similar programs.
New York - #2
Started with private donations Taken over by the state in 1821 - two years later First residential state school for handicapped students - no tuition like in Conn., however
Pennsylvania - #3
Initially established in 1820 as a private school, it was operated by the state in 1821 with an enrollment of 50 students. It was a residential and a day school for students Tuition was provided by the state
Turning Points
In 1918 the Soldiers Rehabilitation Act passed Congress followed by Smith-Bankhead Act (1920). Made schools offer vocational rehabilitation, education, and counseling services to individuals By 1944, these services were amended to include mentally ill and retarded individuals Brown v. Board of Ed. included these
IDEA
In 1975 federal legislation EAHCA, Public Law 94-142 was enacted Reinforced earlier attempts Recognized that:
more than 8 million handicapped students needs not met more than half not appropriate more than 1 million excluded entirely
Tenets
Free appropriate education Individualized education program Special education services Related services Due process procedures Least restrictive environment in which to learn
Cont
Yaris (Mo., 1986) Georgia ARC (1983) Johnson v. Independent School Dist No. 4 of Bixby (10th Circuit, 1990) held that a limit of 180 days violated the individualized of IEP.
Procedural Safeguards
As Rowley indicated, procedural safeguards were a vital component in ensuring appropriate educational services Parents must be given notice and opportunity to participate in the childs IEP Conflict and grievance procedures, appeals, resolution - unbiased and impartial
Procedure Violation
Violation equals violation of free and appropriate education Insignificant procedural error will result in the court declining to exalt form over substance If findings are not to the satisfaction of the parent appeal to SEA with a stay put order
IEP
Designed to reduce to writing a plan that takes into account educational needs, instructional goals and objectives, specific programs and services, and the evaluation procedures.
Timothy W. v. Rochester NH
U.S. Court of Appeals - First Circuit. Defined - all handicapped and does not require a child to demonstrate benefit as a condition precedent to participation. Timothy W. severely handicapped and refused services. Reaffirmed that intent of Congress was to give priority to the most severely handicapped.
LRE cont
4th, 6th, and 8th Circuits have applied the test under Roncker v. Walter Recognized the strong congressional preference for mainstreaming For a child not to be mainstreamed Roncker requires the school show that a segregated facility is superior and why and whether the same can be delivered in a mainstream setting. If yes, not LRE
Inclusion
Terms not found in 94-142 Used in Oberti (3rd Circuit Court of Appeals, 1993) Burden of proof proving compliance with mainstreaming is on the School and not on the parent to prove it is not happening Here term inclusion is used first time legally The child - 8 year old Downs child
Costs
Florence County v. Carter - Supreme Court ruled that court may order school districts to reimburse parents who unilaterally place children in private schools Schools did not provide appropriate education and parents withdrew children and placed in private schools - to be reimbursed
Costs, cont
James Zobrest, deaf since birth, attended Catholic High School. Asked for intrepreter pursuant to IDEA from public school while attending private school. This does not violate the establishment clause Zobrest v. Catalina Foothills - U. S. Supreme Court, 1993
Related Services
Related services means transportation, support services, speech path, audiology, psychological services, O.T., P.T., medical services, counseling, and the like U.S. Supreme Court in Irving v. Tatro ruled that catheterization is a related service
Honig v. Doe
US Supreme Court case, 1988 Stay put provision is in effect in FAPE School can not unilaterally exclude a student from classes for dangerous and aggressive behavior student was ED. John Doe assaulted a student, teacher, and kicked out a window, cursing and screaming. Expulsion moved. Stopped.
Chapter 10
Desegregation
Desegregation
History Plessy v. Ferguson, 1896 (US SC) was a result of the 14th amendment. LA railroad company separate but equal facilities See quote at top of Chapter 10 Sarah Roberts (1849) story separate but equal
Sweatt v. Painter
1950 Texas case. Mr. Sweatt applied to attend the U of TX law school. Under Gaines, no black law school existed. The TGA set up one ASAP substandard Sweatt sued and the US SC ruled separate but equal is frequently not Admitted and set the stage for Brown
Brown
In 1952, five cases from various states reached the SC on separate, but equal for public education (KS, SC, VA, DE, DC) Lower courts (except DE) denied relief to black students Deep south, upper south, border state, congressional district (5th amendment) Only KS had permitted, but not required legislation to maintain separate facilities
Brown
Very slow case brought in 1952 Heard that year and did nothing until 1953 demanding another argument Decided in 1954 To be implemented with all deliberate speed Deliberate Carefully considered, intentional, slowly
Brown
Chief Justice Earl Warren We conclude in the field of public education the doctrine of separate but equal has no place. Separate educational facilities are inherently unequal. Brown II mandated that States had moved too slowly. In 1969 ruled that by 1970 schools become unitary or else.
Remember This?
Swan v. CharlotteMecklenburg
US SC case, 1971 De jure segregation existed Court ruled that busing was an acceptable remedy Court still is overseeing the case in NC Other cases limited by time and original restraints
Chapter 11
Torts
Torts
What is a tort? A) A pastry B) A cutting remark C) A not so nice woman D) A civil wrong (other than for a breach of contract) for which courts may award damages
Tort v. Crime
Crime is breaking the law Criminal proceedings and jail against the offender not the injured person Tort is an injury caused to another person where some remedy for the injury is allowed
Intentional Interference
Can be a bit misleading Results from an act of anything from malice to a practical joke Intentional refers to consequences, not just the intent of the action If the party knows the consequences are substantially certain, it may be intentional interference
Peace of Mind
Interference with peace of mind Mental or emotional anguish If an act is malicious (not just negligent) there may be recovery
Strict Liability
Often referred to as liability without fault Liability imposed apart from
Intent to interfere with a legally-protected interest without legal justification for doing so Breach of duty to exercise reasonable care
Negligence
Negligent acts are not expected or intended (as opposed to intentional torts) Here the key is a reasonable and prudent person would have anticipated harmful results Accidents that can be prevented by reasonable care are not ones of negligence
Standard of Conduct
Various rules apply in different circumstances no standard rules The key is the standard of conduct by the responsible party (actor) The court must strike a balance between conduct and harm reasonable person theory Injury must result from an unreasonable risk
Elements of Negligence
A duty to protect others Failure to exercise appropriate standard of care Existence of a causal connection between the act and injury (proximate or legal cause) An injury, damage, or loss
Duty
The duty is to abide by a reasonable conduct when apparent risks are evident No duty exists when one could not have reasonably foreseen the danger of risk Generalities
No relationship Truants Good Samaritan
Standard of Care
As level of risk increases, so does the standard care Up to about 7 years of age children can not be held liable for negligence Between 7 and 14 years presumed not capable of negligence until proven otherwise
Proximate Cause
Also called legal cause It is the connection between act and injury Must be duty to maintain reasonable standard of conduct Negligence must be the substantial cause of harm
Proximate Cause
Considerations
A teacher may be relieved of liability of a student being injured if the principal allowed them to run in the street and a student ran in front of a car The teachers role in the proximate cause or causal relation was too remote
Brown v. Tesack
Supreme Court of Louisiana, 1990 Children got duplicating fluid and started fires in the projects One student was injured Plaintiff argued foreseeability of hazard Court reversed trial and appellate courts
Educational Malpractice
Peter W. v. San Francisco (1976) and Donohue v. Copiage Union Free School District Educational malpractice is not recognized as a tort
Chapter 12
Defamation and Student Records
Defamation
Long legal history Diffamatus evil enough for the church to place on trial 1600s libel and slander were referenced Defamation imputes immorality, dishonesty, or dishonorable conduct to another by writing or speaking
Libel v. Slander
Libel involves writing (and TV and radio) and defamation Slander involves speaking and defamation Public figures are often fair game for libel and slander
Defamation in Schools
Teachers and administrators need to be sensitive A matter of privilege exists as in privileged information Student issues and personnel issues Conditional versus absolute privilege
Good Faith
Protected if acting in good faith Without malice In answer to question Believe information to be true Reasonable grounds to believe information Information goes no further than inquiry
Hett v. Ploetz
Supreme Court of Wisconsin, 1963 Hett was a speech therapist who did not do a wonderful job. He had the option of resigning or being dismissed. He chose the former and applied for another job. Hett gave permission to check references Ploetz, the previous superintendent Ploetz told the truth
Hett v. Ploetz
Hett sued Ploetz for libel and damaging his ability to make a living Court ruled against Hett Said telling truth violates libel Negative recommendation is conditionally privileged
Desselle v. Guillory
Court of Appeals, Louisiana, 1981 Rumors existed in the high school about coaches and teachers molesting students Counselor heard of the matter and reported it to the principal he would watch
Desselle v. Guillory
Big mess confusing statements Teacher sued counselor for defamation Court found for counselor and allowed attorney fees Fees overturned on appeal Long and short qualified privilege protects parents who share information about teachers if some truth exists
Student Records
Sensitive grounds Category 1 and 2 (no longer to be kept in different locations!) Information not to be conveyed outside relevant educational
function
FERPA, 1974
Confidential, written release required Parent and adult student inspections Ease of location Identified access of records Record of access Appeal Directory information release protocol
Chapter 13
Sovereign Immunity
Lentz v. Morris
Supreme Court of Virginia, 1988 Student in Virginia Beach high school was in PE class playing tackle football where he was injured Sued teacher and system for damages citing negligent supervision Teacher and system claimed immunity for acts of his own negligence Court agreed trial and Supreme Court of VA
Chapter 14
Certification, Contracts, and Tenure
Chapter Overview
Certification, Contracts, and Tenure Certification Education is a state function Each state may set up its own certification process for teachers and revise them at any time Must have no intent to discriminate and must not be arbitrary
Certification
Background Early schools were poor and quality varied greatly Why? Poor teacher training Teacher training institutions in Europe in the mid-1700s
Certification
First American Normal school opened in Lexington, Mass. in 1839, started by Not a good start As John Swett said in 1872, certification and licensure are needed to protect the public from charlatans, ignoramuses, and humbugs masquerading as teachers.
Ambach v. Norwick
U.S. Supreme Court, 1979 NY required US citizenship to be certified Two otherwise qualified individuals applied for certification and were denied Lower court said no can do SC reversed on loyalty and promoting civics being a function of education
Wardwell v. Cincinnati
U.S. Court of Appeals, 6th Circuit, 1976 Can a local school system require residency within its corporate limits for teachers? Wardwell lived outside city limits upon being hired and refused to move Sued under Equal Protection and lost 2X
Erb v. Iowa
What did the State Board do? What did the Court do? What did State Supreme Court do?
Do you agree or not?
Contracts
Guido from New Jersey is your contact Oopps! Semester of law devoted to contracts In the US contracts range from a onepage statement to more than 100 pages of stipulations
Contracts
Offer and acceptance Must be competent persons Must involve specific consideration (salary) Must involve legal subject matter Must be in writing
Contracts
Fairplay School Township v. ONeal, Supreme Court of Indiana, 1891
1888 teacher was given oral contract to teach in return for good wages Not enforceable too vague
Contracts
Feldhusen v. Beach Public Schools, North Dakota SC, 1988
Feldhusen was hired with the specific provisions to obtain graduate credits over contract period and he did not Contract was not renewed and he sued Court disagreed with plaintiff
Tenure
Generally, tenure is the thing to have as a teacher In Virginia, tenure is a higher ed concept. Public ed uses the terms annual contract and continuing contract status What does tenure provide?
Tenure
All it means is that the system must provide you with due process before dismissal So, what are reasons for dismissal? Incompetence Insubordination Immorality Misconduct Just Cause
Santee
SC of PA, 1959 Clara Santee started teaching in 1925 For 1956-57 she taught English and math at a Junior High school The following year she was transferred to a sixth grade position accepted under protest
Santee
Santee saw this as a demotion Appealed to Board, Superintendent of Public Instruction, and to SC Not a demotion Santee paid legal costs
Insubordination
Willful refusal to obey some order by a superior officer that is legal to give and have obeyed In Virginia, insubordination is cause for immediate dismissal it does not even go through the grievance procedure Courts uphold some reasons including:
Insubordination
Motive not established No harm resulted from the act Punishment did not equal the offense The order was unreasonable The order was beyond the authority of the person to give, and The order violated Constitutional rights
Immorality
Morality clauses in contracts are constitutional Involvement with students is a license revoker in almost every state Consenting relationships of adults are a gray area Offense of public sensibilities is the rationale CA life certificate revoking
Immorality
Homosexuality? Must show a nexus between conduct and fitness to teach Rulings can not be too vague or broad The court cases would indicate that homosexual or heterosexual conduct may result in dismissal if activity is detrimental to the school
Toney v. Fairbanks
Supreme Court of Alaska, 1994 David Toney taught in Idaho in 1980 and had relations with a student who became pregnant in the 81-82 SY Deal was worked out with the family and with the school Toney applied to teach in Alaska in 82
Toney v. Fairbanks
Toney misrepresented himself in the application process In 1992 the student called Fairbanks school system and informed personnel of the relationship Board moved to terminate Toney What did the lower court rule? What about the SC?
Other Cases
Elvin v. Waterville, SC of Maine, 1990
4th grade teacher had an affair with a 10th grade boy at the feeder high school SS investigated and teacher subsequently fired upheld
Other Cases
Gaylord v. Tacoma, SC Washington, 1977
Homosexual teacher at high school Confronted by students Met with principal where teacher admitted orientation Principal moved for dismissal
Good Cause
Varies greatly over the country Cohabitation Both sides of abortion Discussing alternative lifestyles As well as more traditional reasons Abuse or RIF (Zoll case again stupidity showing common sense is not all that common)
Chapter 15
Teacher Rights and Freedoms
Overview
Teacher Rights and Freedoms There is a legal relationship between teacher and employer
Constitutional rights as a citizen Statutory regulations governing schools Contractual conditions of employment
Academic Freedom
German origin freedom to learn and freedom to teach Academic freedom is more an issue in higher education in the US than it is a public education issue Regardless, the 1st amendment is the basic repository of all our rights
Pickering
US Supreme Court, 1968 Teacher wrote a letter to the editor opposing a tax increase Teacher was dismissed Long and short, teachers may take open targets on matters of public interest or concern
Stroman
Lower court sides with Board Appellate court agrees, mostly Agrees that the majority of the letter is public matter or concern, but the call to an illegal action is not protected by free speech but outweighed by public interest in providing uninterrupted education
Tielessness
If there is any protected interest in neckwear, it does not weigh heavily on the Constitutional scale. Court found dress codes are constitutional What if there were no corresponding codes for women Title IX violation?
Daury v. Smith
US Court of Appeals, 1st Circuit, 1988 Sad story. Daury was a principal in Mass. school system Due to budget cuts and personnel evaluations, Daury was demoted to a grade leader He started going off a bit three times
Daury v. Smith
After the third incident he was ordered to see a psychiatrist before coming back to school Sued stating violation of privacy in 9th and 14th amendments Courts disagreed
Freedom of Religion
Cooper v. Eugene School District, SC of Oregon, 1986 Oregon has a rule forbidding religious garb while teaching Janet Cooper became a Sikh and donned the white clothes and turban and explained her religious change
Cooper v. Eugene
Court examined if the law conflicted with the Oregon Constitution Court concluded that wearing religious garb while teaching may endorse a specific religion Law did not forbid wearing religious garb, just while teaching
In summary
Teacher rights are rather limited As employees of government As less protected by working for the government As making distinctions between public concerns interesting!
Chapter 16
Due Process Rights of Teachers
Liberty Interests
Liberty came deep in the French culture liberty, fraternity, equality Noblest faculty of man Rousseau To act in ones own best interest Life, liberty, and the pursuit of ______. Anything that inhibits ones ability to act in best interest defamation, etc.
Property Interests
Did you read the Roth case? Property interests can take many forms Not a need, rather a legitimate claim Madison said it best man has a right to his property and a property in his rights (well said!) Tenure is that property of rights
Roth
US Supreme Court, 1972 Wisconsin assistant professor on year-to-year contract was not rehired supposedly for comments anti-administration Sued under 1st and 14th amendment Lower and appellate court found for plaintiff SC said there is no property or liberty right protection for non-tenured teachers
Perry v. Sinderman
US Supreme Court, 1972 Professor in Texas critical of administration in move to 4-year college Not rehired Regents explained for insubordination Not told reasons and not given a hearing
Perry v. Sinderman
Claimed violation of 1st and 14th amendment rights Lower court disagreed Appellate court agreed US Supreme Court agreed with appellate court de facto tenure
Hearing Issues
Balancing test Before or after action Pre or post deprivation What standard and extent of proof is required?
Impartiality
Issue of fairness Remember Hortonville? Can a school board act as the agency and the judge? Yes, it can The legal system depends on justice and the appearance of justice
Hortonville
US Supreme Court, 1976 Wisconsin case and education association 14th amendment (due process) and school board firing striking employees Wis. Supreme court said due process denied US Supreme Court disagreed
Vagueness Test
Vague too vague, unclear as to standard to be held Reasonable person has difficulty understanding No doubt as to understanding by a normal (reasonable) person e.g. loyalty oaths
Loyalty Oaths
Anti-communist Subversive activities Morality oaths Too vague equal application
Wieman v. Updegraff
US Supreme Court, 1952 Oklahoma case involving loyalty oaths Joined organization Unknowing association Too vague
Cleveland v. LaFleur
US Supreme Court, 1974 Two suits hit the court together (with the second involving Chesterfield County) Pregnant teachers required to quit, not return for a determined period of time, and not guaranteed a position
Pregnant?
SC overturned lower court rulings and held that arbitrary dates are unconstitutional Must not give up property rights in job for arbitrary, irrational concepts
Chapter 17
Discrimination in Employment
A Biggie!
A word to the wise is sufficient A word to deficient is wise Federal legislation has provided various means to combat employment discrimination beyond the rights in the equal protection clause Why?
Organization
Race discrimination Sex discrimination Sexual harassment Religious discrimination Title IX Equal Pay Act Age discrimination Discrimination against persons with disabilities
Race Discrimination
Griggs v. Duke Power USA v. State of South Carolina Both US Supreme Court cases (71, 77) Long history and difficult cases Ruling that:
Belongs to racial minority Qualified applicant for which employment was open Despite qualifications, rejected Despite rejection position remained open
Race Discrimination
Hazelwood v. US, 1977 Wygant v Jackson Board of Ed, 1986 Taxman v. Piscataway, 96 (3rd c) Difficult cases and issues
Sex Discrimination
1960s started the issue Title VII Bell (1982)
Sexual Harassment
A demand that a subordinate grant sexual favors in order to obtain or retain a job Quid pro quo Hostile environment Masson v. Dade County Trautvetter v. Quick, 1990
Religious Discrimination
Civil Rights Act, 1964, Title VII Ansonia v. Philbrook, 1986 reasonable accommodation Cowan v. Strafford magic rock?
Age Discrimination
ADEA, 1967 At least 40, but less than 70 In 1986, at least 70 was removed Wooden, 1991 must identify specifics
ADA
Nassau v. Arline, 1987 Chalk, 1988 FMLA
Chapter 18
Collective Bargaining
Review
In Griggs v. Duke Power, the court held that a plaintiff must prove intentional discrimination. In Griggs, the use of general aptitude tests and a high school diploma were found to be unrelated to the jobs for which they were used.
Review
According to Hazelwood, statistical disparity constitutes a prima facie case of a pattern of racial discrimination. To comply with Federal affirmative action policies, a school board may institute preferential layoff schemes. According to Trautvetter v. Quick, sexual harassment charges can not be litigated if the relationships are consensual.
Collective Bargaining
What an issue! First, the research is mixed on the subject Achievement some indication that controlling for SES, there is slightly higher student achievement in states where collective bargaining is allowed
Collective Bargaining
Salaries significantly higher with significantly better benefits Accountability somewhat higher Teacher dismissal significantly more difficult to dismiss teachers in collective bargaining states Working conditions significantly more clearly defined, generally fewer duties and those are usually paid
Tonights Work
Six groups explaining for the class:
The overview concept of collective bargaining Norwalk Teachers Association case and Anderson Federation of Teachers Board of Ed. V. New Jersey Education Association and Indiana State Teachers Association v. Indianapolis
Six Groups
School Board of City of Richmond v. Parham and the scope of bargaining Kenai v. Kenai Education Association and Collective and Individual Rights, Constitutional Rights of Individuals, and Abood v Detroit Grunwald v. San Bernardino and City of Madison v. Wisconsin Employment Relations Commission