The document discusses several key topics regarding the legal framework for public education in the United States, including the sources of law that govern public school administration, the structure of the U.S. judicial system, and legal issues pertaining to public schools. It notes that federal, state, and local governments all exert some control over public education and outlines the different sources of law - constitutional law, statutory law, regulatory law, and case law. It also describes how power is shared between the federal and state governments in establishing and operating public school systems.

2. Essential Questions:
 What are the sources of law under
which school administrators operate?
 How is the U.S. judicial system
organized?
 What are the legal issues pertaining
to public school administration?

3. Essential Questions:
 What are the rights of students under
the law?
 What are the major legal issues
pertaining to schools and the state?
 Why is it important for
administrators to be knowledgeable
about the law?

4. Legal Framework for Public
Education
 Federal, State, and Local
governments ALL exert some
control…

5. Sources of Law
 Constitutional Law
 Statutory Law
 Legislative branch writes law
 Regulatory Law
 Executive branch administrative regulations
 Case Law – judge-made
 Judicial branch interprets law
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6. Federalism
 Federal Constitution  State Constitution
 Federal Statute  State Statute
 The Legislative Branch  The Legislative Branch
(Congress) makes law (Ohio General Assembly)
 Federal Administrative makes law
Agency  State Administrative
 The Executive Branch (U.S. Agency
Department of Education -  The Executive Branch
USDOE) makes regulations (Ohio Department of
 The Judicial Branch Education – ODE) makes
regulations
interprets law
 The Judicial Branch
interprets law
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7. State Role in Education
 Tenth Amendment:
“…powers not delegated to the United
States by the Constitution, nor
prohibited by it to the States, are
reserved to the States respectively, or to
the people.”
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8. State Control
 Public education is a function of state
government
 Public schools are political subdivisions of the
state
 By 1850, all states, through their
constitutions, provided for a system of
free public education
 The Ohio Constitution requires that the state
have a state board of education and a state
superintendent
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9. State Control
 The state board of education sets policy,
supervises, and makes budget requests to
the legislative branch
 The legislative branch (General Assembly)
enacts law and passes a budget
 The administrative branch (ODE) creates
regulations to implement the law
 The state superintendent is the chief
executive officer of the board and the ODE
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10. Federal Influence…
 U.S. Constitution
 Article I, Section 8
 Grants Congress “…the power…to lay and
collect taxes…and provide for the Common
Defense and General Welfare of the United
States.”

11. Federal Influence
 U.S. Constitution – First Amendment
 “Congress shall make no law respecting
the establishment of religion, or
prohibiting the free exercise thereof; or
abridging the freedom of speech, or of
press; or of the right of the people to
peaceably assemble, and to petition the
Government for a redress of
grievances.”

12. Federal Influence
 U.S. Constitution–Fourth Amendment
 “The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and no warrants shall issue, but
upon probable cause, supported by oath or
affirmation, and particularly describing the
place to be searched, and the persons or
things to be seized.”
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13. Federal Influence
 U.S. Constitution–Fourteenth
Amendment
 “No state shall . . . 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.”
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14. Fourteenth Amendment
 Due Process Clause
 No State shall “…deprive any person of
life, liberty, or property without due
process of law…”
 Equal Protection Clause
 No State shall . . . “deny to any person within
its jurisdiction the equal protection of the
laws”

15. Due Process Clause
 Deprivation of life, liberty, or property
must be justified by government
 Deprivation is determined by the courts
 Is a property or liberty interest at stake?
 Has governmental action infringed upon the
interest?
 Were procedures followed?
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16. What due process interest is at
stake - property or liberty?
 Student expelled  Juvenile offender
from school incarcerated at home
 Graduating senior  Tenured teacher
diploma withheld terminated
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17. Standards of Review:
Equal Protection
 Strict Scrutiny Test
 Used when a law facially discriminates
against a suspect class (race, alienage,
national origin)
 Used when a fundamental right is affected
(explicit or implicit)
 Requires a compelling governmental
interest narrowly tailored
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18. Standards of Review: Equal
Protection (cont.)
 If neither a fundamental right nor a
suspect class is involved--
 Use the Rational Basis Test
 Requires that only a rational relationship
be shown between the policy, practice, or
law and the effect
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19. Standards of Review: Equal
Protection (cont.)
 Intermediate Scrutiny Test
 Used for gender and illegitimacy
 Classification must serve important
governmental objectives
 Discriminatory acts must be substantially
related to those objectives
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20. Meeting Equal Protection
Standards*
 Strict scrutiny  Rational relationship
 Rational basis  Legitimate
classification
 Intermediate scrutiny substantially related
to governmental
objectives
 Compelling interest
narrowly tailored
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21. Which standard: strict,
intermediate, rational basis?*
 A student is suspended.  A parent alleges that
 A student is suspended the school board
for giving a vulgar permits secular
humanism but not
speech.
Christianity in the
 A female teacher alleged school curriculum.
she was transferred so  A white teacher was
that a male coach could RIF’d in favor of
have her job. retaining minority
 A teacher is nonrenewed teachers as role
after “coming out.” models.
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22. Section 1983
KKK Act of 1871
 Prohibits deprivation of constitutional
rights by persons acting under color of
state law
 Public schools are persons--no immunity
 No punitive damages for school district
 Punitive damages for individuals not
performing in good faith when they should
have known established law
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23. Checking for Understanding
 What are the two clauses of the 14th
Amendment?
 What does due process require?
 What are the three tests to review equal
protection violations?
 To whom does the Constitution apply?
 Why are schools affected by the
Constitution?
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24. You be the Judge: Is there a
constitutional case to consider?*
 Female sues Burger King for violation of
free speech after being told to leave
 African American student sues Harvard
University for violation of his right to wear
kente cloth to graduation
 Jewish citizen sues city for placing creche
in town square
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25. Generally…
 State constitutions contain a mandate for
the establishment of public education
systems.
 State legislatures enact laws that affect
public schools.
 State and local school boards are given
authority for the operation and
management of schools.
 Policies and rules adopted by the school board
are to be followed.

26. The Courts:
 Federal Court System
 District Courts
 Courts of Appeals
 Ohio is in the Sixth Circuit
 U.S. Supreme Court

27. Federal Courts
 Judges appointed by president and
removed only by impeachment
 Supreme Court has nine justices
 13 circuit courts of appeal
 89 federal district courts
 Authority only to interpret law--no making
or enforcement of law
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29. The Courts:
 Federal Court System
 District Courts
 Courts of Appeals
 U.S. Supreme Court
 State Court Systems
 Trial Courts
 Courts of Appeal
 State Supreme Courts

30. In Ohio
 Trial Courts
 Common Pleas Courts
 Court of Claims
 Probate Courts
 Juvenile Courts
 Courts of Appeal
 State Supreme Court

31. State Courts
 Ohio Supreme Court
 7 elected justices
 Interpret state statutory and constitutional
law
 12 courts of appeals
 88 courts of common pleas
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32. A Lawsuit
 A plaintiff files a lawsuit (e.g., parent,
employee)
 A defendant defends against the lawsuit
(i.e., the school board)
 School law involves civil and contract law
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33. Plaintiff or Defendant*
A parent claims that A teacher asserted
the school board she was wrongfully
arbitrarily terminated.
suspended her son.
A student believes The school board
that his religious stated it followed
freedoms were policy in restricting
curtailed. the teacher’s dress.
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34. On Appeal
 Appellant appeals
 Appellee responds
 No witnesses
 Court may reverse,
modify, affirm,
remand
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35. Appellant or Appellee*
A parent asks the A school board
court to reconsider asserts that it will
its judgment in “go all the way” to
favor of the school. the Supreme Court.
A teacher vows to A contractor who
bring her suit lost a liability suit
against the principal says he will not give
to court again. up.
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36. Reading a Case
 Miranda v. Arizona, 384 U.S. 436 (1966).
 Miranda v. Arizona, 86 S. Ct. 1602 (1966).
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37. Reporters
 Federal Reporter
 742 F.2d 977 (6th Cir. 1984).
 Federal Supplement
 862 F. Supp. 962 (E.D.N.Y. 1994).
 State Reporter
 627 N.E.2d 500 (N.Y. 1993).
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