EDU 582
The Principal’s
Quick – Reference
Guide to
School Law
Table of Contents
Chapter 1 – Preventive Law
Tenets of Preventive Law/Risk Management
What is Preventive Law?
Potential Risks – Identification
Affirmative Duty of School – Based Personnel in Risk Mgt/Prevention
Preventive Law Mind-set
Media
Chapter 2 – School And the Legal
Environment
Basic Principles
Constitutional Law, Common Law, Statutory Law, Administrative Law
How laws are made and enforced
Court Functions
General Welfare Clause
Amendments: 1st, 4th, 5th, 14th
Table of Contents
Chapter 2 – School And the Legal
Environment
Basic Principles
Constitutional Law, Common Law, Statutory Law, Administrative Law
How laws are made and enforced
Court Functions
General Welfare Clause
Amendments: 1st, 4th, 5th, 14th
Articles II, III, IV, V VI,
Amendments: VI, VII, VIII, IX, X, XI, XIII
Desegregation
School Finance
Student and Teacher Rights
Special Education
Church and State
Federal Statues Affecting Educational Practices
Chapter 1 – Preventive Law
1. Tenets of Preventive Law/Risk Management
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Understanding of substance of law limits – decisions based on
understanding of basic tenets and knowledge of current educational
litigation decisions
Application of procedures – Adhere to procedures ad precedents
Working with legal Counsel to reduce loss – consult with Legal
Counsel
Flexibility to reduce conflict by fostering school climate with
divergent ideas may be represented, respected….
Knowledge of Precedent, constitutional compliance – understand
legal ramifications of precedent-setting cases.
2.What is Preventive Law?
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Defined as program, supported by policies, procedures, regulations.
Emphasizes importance of pre facto
4 Tenets of Preventive Law
1 - Anticipate Legal Challenges
2 - Evaluate merits of challenges
3 - Consideration of policies affected by such challenges
4 - Implementation or modification where appropriate
Chapter 1 – Preventive Law
3. Potential Risks – Identification
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Areas where law is less certain, principals identify and analyze risk
and choose course of action that has least possible litigation
implications
Example given: Inspection of water heaters, bad roof on school
building causing collapse, bad doors on school causing intruder to
come in and assault young child
4. Affirmative Duty of School – Based Personnel
in Risk Mgt/Prevention
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Ensure building, procedures, policies are in compliance with state,
federal and local laws
Be certain those procedures are followed
Effective supervision of program including development, oversight
and regular evaluation
Promote hiring of competent administrative, teaching and support
staff
Effective supervision of staff
Manage of school’s physical facilities
Chapter 1 – Preventive Law
5. Preventive Law Mind-set
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Crisis Management with Crisis Plan, Crisis Team
Examples of Crisis to be prepared for:
Bomb threats
Death or suicide
Fire or explosion
Gun or other weapons in school
Hostage situation
Kidnapping, childnapping, missing student
Medical emergency
Sexual Assault
Shooting or stabbing
Tornado or other severe weather
6. Media
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In crisis plan, there must be plan to handle media
Effective communication with home, community
One spokesperson for school and/or district
You are in control of media and reporters
You cannot avoid media
Chapter 2 – School And the Legal Environment
1. Basic Principles
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System of government provides structure of laws that protects
individual rights.
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Law is a rule of civil conduct prescribed by local, state or federal
mandates
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All laws based on assumption that for each action, there is expected
consequence
2. Constitutional Law, Common Law, Statutory Law,
Administrative Law
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Constitutional Law – where a constitution is basic source of law for
jurisdiction. Constitutions are broad, philosophical statements of
general beliefs. Designates allocation of power between levels of
government
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Common Law – When court confronted with problem that cannot be
solved by reference to pertinent legislation, (statutory law) problem
is decided according to common law. Common law defined as
principles, procedures and rules of action, enforced by courts,
based on history or custom with modifications as required by
circumstances or time.
Chapter 2 – School And the Legal Environment
2. Constitutional Law, Common Law, Statutory and
Administrative Law
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Statutory and Administrative Law – laws passed by legislative
body. Laws may alter common law by adding to, deleting from or
eliminating law. Courts are final interpreters of legislative
provisions. Administrative laws are regulations passed by
agencies. States may have agencies (DPI) that will pass laws
(State NCLB Standards) that will be passed down to local
agencies (school districts)
3. How laws are made and enforced
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Legislative Branch – (Legislators) Primary function is to make
laws
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Executive Branch – (Governor, Lt. Governor, Attorney General)
Primary function is to represent sate and enforce laws
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Judicial branch –(Judges appointed by Executive Branch) courts interpret laws and settle disputes by applying the law.
Courts can decide a controversy only when it has authority to
hear and adjudicate the case.
Chapter 2 – School And the Legal Environment
4. Court Functions
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Deciding controversies – Determining facts of dispute and
applying applicable law. Statutes may apply, where applicable or
base decision on previous decisions.
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Stare decisis – (let it stand) adherence to precedent
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Interpretation of law – occurs when a statute does not provide a
clear answer to the question before the court.
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Judicial Review - a Supreme Court’s power to declare that a
statute is unconstitutional.
5. General Welfare Clause
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Clause of Constitution where Congress has power to collect
taxes, imports and excises, pay the debts provided for common
defense, et cetera. This clause often used as rationale for
enacting legislation that affects operation of public schools
Chapter 2 – School And the Legal Environment
6. Amendments: 1st, 4th, 5th, 14th
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1st Amendment- Freedom of speech, religion, press, peaceable
assembly, petition the Government for redress of grievances
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4th Amendment – protects rights to be secure in their houses,
papers, effects against unreasonable search or seizure.
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5th Amendment – Freedom to protect citizens from being
compelled in any criminal case to be a witness against self.
(Plead the 5th)
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14th Amendment – no state shall deny person its jurisdiction to
equal protection of law. Generally cited in education cases
dealing with race, gender or ethnic background issues.
7. Articles II, III, IV, V VI,
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Get to Know them
Chapter 2 – School And the Legal Environment
8. Amendments: VI, VII, VIII, IX, X, XI, XIII
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Article VI – Right to a speedy trial by impartial jury
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Article VII – Suits at common law, where value in controversy
shall exceed twenty dollars, right of trial by jury shall be
preserved
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Amendment VIII - Excessive bail shall not be required nor
excessive fines imposed or cruel and unusual punishments
inflicted
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Amendment IX – Certain rights shall not be construed to deny or
disparage others retained by the people.
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Amendment X – powers not delegated to United States by
Constitution nor prohibited to by the states are reserved to the
States or to the people.
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Amendment XI – Judicial power of US shall not be construed to
extend to any suit in law or equity, commenced or prosecuted
against one of the US Citizens b of another state
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Amendment XIII – Neither slavery nor involuntary servitude shall
exist within the United States or any place subject o their
jurisdiction.
Chapter 2 – School And the Legal Environment
9. Desegregation
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Brown vs. Board of Education
10. School Finance
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San Antonio Independent School District v. Rodriguez and
Serrano v. Priest
11. Student and Teacher Rights
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Pickering v. Board of Education of Township High School District
205
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Tinker v. Des Moines Independent Community School District
12. Special Education
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Education for All Handicapped Children Act of 1975 (IDEA)
Chapter 2 – School And the Legal Environment
13. Church and State
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Relationship between church and state
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Numerous cases that have challenged public schools as cited
14. Federal Statues Affecting Educational Practices
Civil Rights Act
Title IX
Family 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 Act
Family and Medical Leave Act (FMLA)
Workman’s Compensation
School Choice
Legislation Governing Charter Schools and Vouchers
http://www.eeoc.gov
Post It Notes – Questions?