Organizational and Governance in American Education - PowerPoint Presentation

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Organizational and Governance in American EducationEDU 548 Chapter Sixteen: Leading Public Schools

Thursday April 4, 2013

Presented by Jackie

Leedy

-Chamberlain

Professor: Dr. Lauren LarsenSlide2

OverviewIn this chapter we will go over the legal considerations of public education. The chapter will point out that school leaders need to be knowledgeable of legal principals and presents many legal generalizations. In addition, there will be an overview of the brief treatment of the potential liability that school districts and their personnel might face if they violate federally protected rights. Slide3

Legal Principles: Ensuring that Policies and Practices are ReasonableSlide4

Promoting Fairness in Government ActionsIndividuals are entitled to notice of the charges at hearing when facing deprivations of liberty or property rights. For example:-Students are entitled to attend public school and cannot be denied. -Teachers cannot be dismissed without procedural safeguards.

Fairness and justice are prominent values in American Jurisprudence. 5

th

Amendment was originally placed due process restrictions on Congress and the 14

th

Amendment expanded those protections to restrict state power. Slide5

Safeguarding Individuals from DiscriminationIndividuals are protected by the Constitution and civil rights laws from governmental discrimination based on inherent characteristics or beliefs. Brown V. Board of Education, Mills v. Board of Education, Plyer V. Doe, Title IX of Educational Amendments of 1972. *

Employees are also protected by civil rights laws. Title VII of Civil Rights Act protects employees against discrimination based on race, color, sex religion or national origin as well.

Federal and state laws require school personnel to give special assistance to students with English-language deficiencies providing them with the same instruction and materials as other students. Slide6

Protecting Individual LibertiesIndividual rights must also be respected by those representing the government, even if it is unpopular, courts try to balance personal rights involved against a school interest:Capitol Square v. PinnetteTexas v. Johnson Tinker v. Des MoinesWest Virginia State Board v. BarnettePierce V. Society of SistersHowever, public schools still allow for some restrictions of personal freedoms (like drug testing, search of lockers).

Landmark Supreme court case

Garcetti

v.

Ceballos

ruled that public employees cannot claim 1

st

Amendment protection for expression pursuant to job duties. Slide7

Distinguishing Private Actors from Government ActorsSlide8

Selected Substantive Aspects of the Law: School DesegregationSlide9

Religious Activities and Observances in Public SchoolsOverviewThe Supreme Court established in the 1960s that public school personnel cannot lead devotional activities like reading the Bible or saying the Lord’s Prayer because it abridges the Establishment Clause. Almost 2/3 of states have enacted laws authorizing a moment of silence at the beginning of public school day. Court ruled in 1992, Lee v. Weismen that a school district’s policy allowing principals to invite clergy members to deliver nonsectarian invocations and benedictions entailed indirect coercion. Slide10

Religious Activities and Observances in Public Schools, Continued: Student-Initiated DevotionalsDoe v. Madison School District Supreme Court upheld Idaho district’s policy that created a forum for student expression in graduation ceremony.

Cole v. Oroville Union High School District/

Lassonde

v.

Pleasonton

Unified School District

School districts were allowed to retain control over graduation exercises and the principal reviewed graduation speeches before their delivery. *

Santa Fe Independent School District v. Doe

Supreme Court held that student-led expression at school events on school property cannot be considered private speech. Slide11

Religious Activities and Observances in Public Schools, Continued: Equal Access & Treatment of Religious Expression and GroupsSecondary schools receiving federal funds and allowing noncurriculum-related student groups to meet on school premises during non-instructional time may not deny access to any group based on religious, political, philosophical or other content of its meetings. Four factors important in determining whether group relates to school’s curriculum:If its subject matter is actually taught or will be taught

If subject matter concerns the body of course as a whole

If participation in the group required for a course

If participation in group will result in academic creditSlide12

Students’ Free Expression RightsSlide13

Legal Liability for Impairment of Federally Protected RightsSchool districts and authorities can face liability for damages based on the impairment of federally protected rights.-2000 – Supreme Court ruled that the Family Educational Rights and Privacy Act doesn’t allow private suits for damages Goganza University V. Doe -Employees discriminated against have used the Civil Rights Act to get damages awarded them, attorneys fees and back pay. Section 1983

-

Provides vehicle for individuals to secure damages for impairments of constitutional and other protected rights.

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Measure of compensatory damages awarded by the jury needs to be based on the actual deprivation of federal rights and what it will take to restore person to position they enjoyed before deprivation.

11

th

Amendment

-

C

ourts strengthened states’ 11

th

amendment immunity. Slide14

ConclusionUsually school controversies are handled administratively and are not the result of litigation; however, there are many court decisions that have been handed down over the decades that have resulted in judgments.The judiciary will usually defer to decisions of school policymakers whenever possible, but will intervene if protected rights are violated. The bottom line is that school leaders should stay abreast of legal principals and procedures federally and locally so that they can ensure that school regulations fall within those legal limits.