The Legal Basis for Schools

1
The Legal Basis for Schools

• Educational Administration
• ED 535-01

2
Federal Constitution

• Constitution is silent regarding education
• Tenth Amendment
• Powers not delegated to the federal government
  are reserved to the states
• Other Amendments that find their way into schools
• Rights of individuals
• Article i-Section 10, 1st, 4th, 5th, 14th

3
Federal Constitution Cont

• Article I, Section 10
• No state shall impair the obligation of contracts
• Mutual assent
• A consideration (usually money) is made
• Parties involved are legal entities
• Possess authority to obligate
• Legal age and citizenry
• Legal subject matter
• Form allowable by courts
• Who authorizes teacher contracts?
• State or local

4
Federal Constitution Cont

• First Amendment
• Free Speech
• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof.
• Establishment
• Public funds
• Lemon v. Kurtzman
• Secular (public) legislative purpose
• Neither advances or prohibits religion
• Does not cause excessive entanglement

5
Federal Constitution Cont

• Free exercise
• Regulations and procedures
• Equal Access
• Westside v. Jergens
• 1. Secondary school
• 2. Receive federal funds
• 3. Any other non curriculum groups

6
Federal Constitution Cont

• 4th 5th Amendment
• Unreasonable search and seizure
• Self incrimination
• 14th Amendment
• Due process
• Life, liberty, property w/o due process
• Property tenure Liberty-reputation
• Equal protection
• Fundamental Rights
• Federal statutes
• IDEA of 1990
• Civil Rights Act of 1964

7
State Constitutions Local Laws

• Supremacy clause
• Constitution and Federal law
• State constitution and laws
• Local laws
• Court decisions
• Federal
• Supreme Court
• Federal Appellate Court
• District Court
• State
• Supreme Court
• Appellate Court
• Circuit, District

8
Student Discipline

• A state may deprive life, liberty and property if
  due process is provided
• Substantive Due Process
• Does the punishment fit the infraction?
• Is it reasonable?
• Procedural Due Process
• Was student given proper opportunity to state
  his/her side of the infraction?

9
Student Discipline

• Expulsion
• Both sides must be allowed to present their sides
  of the story in detail.
• Dixon v. Alabama
• Fundamental fairness
• Due v. Florida A M
• Notice in writing of charges and the nature of
  evidence.
• Opportunity for hearing
• Substantial evidence be present before
  disciplinary action is taken

10
Student Discipline

• Suspension (Out of school)
• Goss v. Lopez
• Student must be informed of charges
• Student must be given opportunity to reply
• Opportunity for hearing must be given
• All must be done in writing
• Infraction usually should not be directly related
  to a handicap
• Suspension (In school)
• Linwood v. Peoria BOE
• Without educational program for a prolonged
  period out of school suspension

11
Student Discipline

• Search and seizure
• Fourth Amendment v. In Loco Parentis
• New Jersey v. TLO
• School officials must have a reasonable suspicion
  and not probable cause
• Balance of interests
• Student rights and school safety
• Canine Searches
• Tell students in handbook that lockers are school
  property and may be searched

12
Student Discipline

• Tinker v. Des Moines
• Freedom of speech
• Students wearing black arm bands suspended
• Known throughout school as protest against
  Vietnam involvement
• Unconstitutional violation of freedom of speech
• Officials must be able to forecast material
  interference or substantial disruption in
  educational process
• Students do not lose rights at the school house
  door

13
Student Discipline

• Gang presence
• Their must be a gang presence or gang activity in
  the school
• The prohibited speech must be gang oriented
• Confidentiality
• Therapy
• Unless threat of injury or death exists

14
Teachers

• Free Speech
• Pickering v. District 205
• Criticized board spending
• Courts must weigh the Districts right to
  efficient operation with the employees right to
  freedom of speech
• Since speech is a fundamental interest, there
  must be a compelling reason for the courts to
  side with the district
• Interfere with discipline and safety
• Damage to professional reputations
• District statement countering Pickering could
  have been issued

15
Teachers

• Negligence and Torts
• In Loco Parentis
• Must give care in place of the parent
• Right to punish students
• reasonably
• Willful and wanton misconduct
• Teacher must know a specific hazard exists
• With knowledge of hazard, teacher must still
  place a student at risk
• An injury and loss must take place

16
Boards of Education

• Open Meetings Act
• Notice of all board meetings where majority is
  present
• Yearly schedule of meetings
• Agendas on request
• Notice of date changes
• Regular meetings
• 10 days in advance
• Notice in newspaper
• Exceptions are reconvened or rescheduled meetings
  within 24 hours
• Special meetings
• 48 hours in advance
• Notice and Agenda
• Emergency meeting
• Notice and agenda given to registered media prior
  to meeting

17
Boards of Education

• Open Meetings Act
• Closed Session Exceptions
• Employment, discipline, performance
• Collective bargaining
• Purchase or lease of property
• Student discipline
• Discussion of lawsuits and some legal matters
• Self evaluations

18
Boards of Education

• Freedom of Information Act
• Inspection or copying (at cost) of specific
  public records records (7 day reply in writing)
• Exceptions to all-inclusive disclosure
• Information prohibited by law from being
  disclosed
• Interference with legal enforcement efforts
• Invasion of personal privacy
• Personnel files
• Personal notes
• Test questions and scoring keys
• Architect and engineer plans
• Notes on collective bargaining but not contracts
• When certain items in documents can be marked out
  the exceptions do not apply

19
Contracts

• Supplies, materials, work contracts over
  10,000 to lowest responsible bidder
• Exceptions
• Services of individuals with high degree of
  professional skill or physical ability
• Printing finance and departmental reports
• Printing or engraving bonds, tax warrants and
  other debt
• Perishable foods and beverages
• Mistakes in contractors bids beyond his/her
  control but less than 10 of original contract

20
Contracts

• Maintenance or service and parts if manufacturer
  or authorized repair service is used
• Computers, deliveryinstallation of, other data
  processing equipment, software,
  telecommunications and interconnect equipment,
  software and services
• Duplicating machines and supplies
• Contracts for natural gas (and electricity?) When
  less than the public utility
• Stuff from other agencies
• Repair, maintenance constructionnot exceeding
  20,000
• One source vendors for books, periodicals,reports,
  water light heat and telephone (and
  electricity?)

21
Contracts

• Emergency approved by school board
• Advertisement (10 days)
• Public opening

22
Case Analysis

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools