Chapter+One

** We are "a nation of laws and not of men."- meaning we are governed by the rule of law and not by the whims of one in power who flouts the law. There are several forces operating that make it difficult for those who administer public schools. The three levels of government (federal, state and local) all have a voice in educational matters, although not in unison and sometimes overlap. Federal: although education is not mentioned in the Federal Constitution, the federal government has had historical involvement in it, including federal laws and educational policy. State: plenary (full in all respects) power, unless the state accepts federal funds. This power is carried out by constitutional and statutory provisions, executive acts, and state board of education policies Local: depends on state's constitutional and statutory provisions. Because each level of government is intertwined in educational governance, problems have often arisen for educators when one branch of government does not agree with another. One remedy for ensuring lawful policy making and administrative conduct is a systematic study of the sources of law.
 * __ Chapter One __**
 * Educational Governance: Sources of Law and the Courts
 * 1) SOURCES OF LAW
 * 2) Federal Level
 * 3) Constitution and Amendments
 * 4) Although the federal Constitution does not contain the word education, constitutional interpretation by the judiciary has had unquestionable imapct on educational policymaking - particularly the Fourteenth Amendment. The Fourteenth Amendemtn was adopted in 1868, which stated that all persons born or naturalized in the US are citizens of the US and of the State in which they reside. No state can deprive a person of rights he or she has as an American. Nor shall it deprive any person of life, liberty, or property without due process of law or deny any person equal protection of law. Federalists do not agree with its statements. Their aim is for these powers to transfer back to the state.
 * 5) Due Process and Equal Protection
 * 6) Due Process: A person has received due process under the Fourteenth Amendment when he or she has been treated essentially the same by state action or local government action as another person has under similar circumstances when he or she is subject to deprivation of life, liberty, or property.
 * 7) Procedural due process: deals with the question of whether or not a person has been accorded fair and proper treatment or procedure when apprehended or tried in court.
 * 8) Substantive due process: deals with the question of fair treatment of persons by those acting under the color of the state and also with the question of the fairness and reasonableness of laws, regulations, and policies.
 * 9) Equal Protection: The Equal Protection Clause was inserted in the Fourteenth Amendment to ensure that former slaves would be provided the same civil protections as white Americans. It has had a dramatic effect in influencing policy in American public education. It represents the legal basis for prohibiting unreasonable classifications. The principal idea is in the concept of fairness.
 * 10) "Rational basis" test: employed when "fundamental interest" is not involved. There must be a sound reason for the classifiction, and all those classified alike must be treated uniformly.
 * 11) Strict-scrutiny test: applied when "sundamental interest" or "suspect classification" is involved. A presumption of constitutional valididty disappears when a classification is "suspect".
 * 12) Statutes: Enacted by Congress - Some examples include FERPA (1974), IDEA (1997) and NCLB (2001)
 * 13) Case Law: Refers to the principles of law established by courts. Such law is based on precedents declared in earlier court decisions with similar factual situations.
 * 14) Executive Orders and Attorney General Opinions: The president may issue an executive order which would be a source of law, and the attorney general may provide an opinion (not a source of law)
 * 15) State Level
 * 16) State Constitutions: All state constitutions contain language committing the state to the responsibility for providing education. Constitutional provisions may speciify local school systems, method and number of selected school board members, etc.
 * 17) State Statutes: More explicit thatn constitutional provisions, and their purpose is to bring a more specific outline to broad constitutional directives. State statutes often deal with financing and personnel.
 * 18) Case Law: State court decision can also aid educators where there is no statute law. A decision by one state's highest court does not serve as binding precedent in another state.
 * 19) State Board of Education, Chief State School Officer, and State Department of Education: Vary among states
 * 20) Attorney General Opinions: opinion and does not serve as law
 * 21) Local Level: local school board policies, rules and regulations. Vary tremendously
 * 22) THE AMERICAN JUDICIAL SYSTEM
 * 23) State Court Systems: Each state has the responsibility of establishing its own judicial system. Common to most are a court of original jurisdiction and some sort of appellate structure. In most instances, cases dealing with education are initiated in the state's appropratie court of original jurisdiction (circuit courts, district courts, court of common pleas). Intermediate appellate courts constute a second level (court of appeals, appellate divisions). The state's highest level is generally the supreme court, with their basic function to review lower-court decisions on appeal.
 * 24) Federal Court System
 * 25) District Court: Each state has at least on district court, but most have between two and four.
 * 26) Courts of Appeals
 * 27) Supreme Court: Highest level, and there is no appeal from a decision rendered by this court. Nine justices including one chief justice make up the Court. Their appointment is for life. Most cases reach the Supreme Court by writ of certiorari. Under this method, an unsuccessful litigant in a lower court decision petitions the Court to review the case, explaining why it should be granted writ. A case is accepted if four justices vote to grant certiorari.