AN OVERVIEW OF
EDUCATION LAW, TEXAS
SCHOOLS, AND PARENT
RIGHTS
William Allan Kritsonis, PhD
Constitutional Law
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Power over education is a state function as
declared by the 10th Amendment of the
Constitution.
By 1918 all states have compulsory school laws.
States do not have to set up public school
systems.
1973 San Antonio I.S.D. v. Rodriguez: the US
Supreme Court decided that education is not a
fundamental right available to all persons.
Statutory Law
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A statute is a law enacted by a legislative body.
Most statutes passed by the Texas Legislature
that directly affect education are grouped
together in the Texas Education Code (TEC).
The Code is an important source of law because
it applies to the daily operation of schools,
detailing the responsibilities and duties of the
State Board of Education (SBOE), the Texas
Education Agency (TEA), school boards, charter
schools, and school personnel.
Administrative Law
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Administrative law consists of the rules,
regulations, and decisions that are issued by
administrative bodies to implement state and
federal statutory laws.
Administrative law also includes the rules and
regulations that state agencies establish to carry
out their responsibilities. In the education
context, this responsibility lies with the State
Board of Education and the Texas Commissioner
of Education.
Judicial Law
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Judicial law is composed of state and federal court decisions.
Composition of the Texas Judiciary System:
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District courts are the major trial courts in the state judicial system,
having jurisdiction over major criminal and civil matters.
From a district court, an appeal goes to one of the fourteen courts
located throughout the state, and finally to the Texas Supreme Court.
An appeal from a Travis County district court goes to the Third Court of
Appeals in Austin.
The Third Court, by virtue of its jurisdiction over appeals from the
district courts of Travis County, has great influence over the
development of educational and other public law matters.
Only the Texas Supreme Court can speak for the entire state in civil
matters.
For criminal matters, the highest court is the Texas Court of Criminal
Appeals.
Texas has two supreme courts, one for civil matters and one for
criminal matters.
THE STRUCTURE AND GOVERNANCE
OF THE TEXAS SCHOOL SYSTEM
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TEXAS LEGISLATURE
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The Texas legislature is responsible for the structure
and operation of the Texas public school system.
STATE BOARD OF EDUCATION
(http://www.tea.state.tx.us/sboe/ )
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The SBOE is a powerful entity; its designated duties
are establishing a state curriculum and graduation
requirements, determining the standard for
satisfactory student performance on assessment
instruments, adopting and purchasing state
textbooks, and investing the permanent school funds.
THE STRUCTURE AND GOVERNANCE
OF THE TEXAS SCHOOL SYSTEM
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THE TEXAS EDUCATION AGENCY
(www.tea.state.tx.us)
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Other than the legislature, the most powerful
state-level player is the Texas Commissioner of
Education, whom the governor appoints and
removes with the advice and consent of the
Texas Senate. The commissioner serves a four
year term and the only qualification for serving
as commissioner is US citizenship. The
commissioner also serves as the executive
officer and executive secretary of the State
Board of Education
THE STRUCTURE AND GOVERNANCE
OF THE TEXAS SCHOOL SYSTEM
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Local School Districts
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The governance of schools clearly is left to local
boards of trustees.
School board trustees serve a term of 3 or 4 years.
The members terms are staggering. A person must
be an eligible voter to be qualified for office as a
trustee. Trustees serve without compensation. The
state board is required to provide a training program
for school board members through the regional
service centers. Other training programs are offered
through professional associations such as the Texas
Association of School Boards (TASB)
http://www.tasb.org/.
THE STRUCTURE AND GOVERNANCE
OF THE TEXAS SCHOOL SYSTEM
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Private Schools
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In a 1925 decision, the US Supreme Court
ruled that the states cannot require all
children to attend public schools only (Pierce
v. Society of Sisters).
HOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLS
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Key Provisions of the U.S. Constitution
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The Bill of Rights of the US Constitution- where most of our basic
civil liberties are included. The First Amendment is particularly
important, for it lists several liberties inherent in a democratic
society: the right to be free from governmental control in the
exercise of speech, publication, religious preference, and assembly
(these only apply to the federal government.)
The fourteenth amendment—“nor shall any State deprive any person
of life, liberty, or property without due process of law, nor deny to
any person within its jurisdiction the equal protection of the laws.”
These two clauses together with the federal laws that implement
them, provide the basis for constitutional rights suits against public
educational institutions and personnel.
The fourteenth amendment applies to school districts and personnel
because they are viewed as political subdivisions of the state; the
fourteenth amendment does not apply to private schools.
HOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLS
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Important Federal Statutes
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Title VI of the 1964 Civil Rights Act prohibits intentional
discrimination with respect to race, color, or national origin in
federally assisted programs. This law was instrumental in the
desegregation of schools during the 60’s and 70’s.
Title VII of the 1964 Civil Rights Act prohibits discrimination on the
basis of race, color, religion, sex, or national origin in all aspects of
public and private employment. This law allows money damages for
intentional discrimination.
Americans with Disabilities Act of 1990 accords persons with
disabilities meaningful access to the programs and facilities of public
and private schools as well as most businesses in the country. The
statue also prohibits discrimination against persons with disabilities
in pubic and private employment, and requires employers to make
reasonable accommodation for disabled persons to enable them to
perform the job. Money damages are available for intentional
discrimination.
HOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLS
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Important Federal Statutes
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Individuals with Disabilities Education Act requires public
schools to identify children with disabilities and provide
them a free, appropriate public education in the least
restrictive environment.
Title IX of the 1972 Education Amendments prohibits
discrimination against persons on the basis of sex in any
federally assisted education program. Title IX has gained
major significance in the context of student and
employee sexual harassment.
No Child Left Behind attempts to raise student
achievement levels by holding states and school districts
to strict accountability standards. Each state must
ensure that students make adequate yearly progress so
that all students will be performing at grade level by the
year 2013-2014.
HOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLS
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School Finance
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With growth, an imbalance between urban and rural districts
became apparent. With the enactment of the Gilmer-Aikin Bill in
1949 did reform occur. This bill later became the focus of San
Antonio ISD v. Rodriguez. The bill established a Minimum
Foundation Program (MFP), through which state funds for
personnel and operations were distributed and established a
minimum below which no state could go. The MFP involved both
local and state contributions to a special fund; 80% from the state,
the rest from local districts. Each local district had to levy a
property tax to support its contribution. Inequities continued
because local districts remained free to enrich their contributions
for their schools beyond the MFP local fund assignment.
The plaintiffs in the San Antonio ISD v. Rodriguez lawsuit tried to
convince the courts that this system of educational finance violated
the equal protection clause of the Fourteenth Amendment. The 3
judge federal district court agreed, but the US Supreme Court did
not.
HOW THE U.S. CONSTITUTION AND FEDERAL
GOVERNMENT AFFECT TEXAS SCHOOLS
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Parent Rights
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While constitutional law generally does not
support parent rights in public schooling,
Texas statutory law provides significant
support for parents. The first objective of
the public education system is that
“Parents will be full partners with
educators in the education of their
children.”