AN OVERVIEW OF AN OVERVIEW OF EDUCATION LAW, TEXAS EDUCATION LAW, TEXAS SCHOOLS, AND PARENT SCHOOLS, AND PARENT

RIGHTSRIGHTS

William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

Constitutional LawConstitutional Law

o Power over education is a state function as Power over education is a state function as declared by the 10th Amendment of the declared by the 10th Amendment of the Constitution.Constitution.

o By 1918 all states have compulsory school By 1918 all states have compulsory school laws.laws.

o States do not have to set up public school States do not have to set up public school systems.systems.

o 1973 1973 San Antonio I.S.D. v. Rodriguez: San Antonio I.S.D. v. Rodriguez: the US the US Supreme Court decided that education is not Supreme Court decided that education is not a fundamental right available to all persons.a fundamental right available to all persons.

Statutory LawStatutory Law

o A statute is a law enacted by a legislative A statute is a law enacted by a legislative body. Most statutes passed by the Texas body. Most statutes passed by the Texas Legislature that directly affect education are Legislature that directly affect education are grouped together in the Texas Education Code grouped together in the Texas Education Code (TEC).(TEC).

o The Code is an important source of law The Code is an important source of law because it applies to the daily operation of because it applies to the daily operation of schools, detailing the responsibilities and schools, detailing the responsibilities and duties of the State Board of Education (SBOE), duties of the State Board of Education (SBOE), the Texas Education Agency (TEA), school the Texas Education Agency (TEA), school boards, charter schools, and school personnel.boards, charter schools, and school personnel.

Administrative LawAdministrative Law

o Administrative law consists of the rules, Administrative law consists of the rules, regulations, and decisions that are issued regulations, and decisions that are issued by administrative bodies to implement by administrative bodies to implement state and federal statutory laws.state and federal statutory laws.

o Administrative law also includes the rules Administrative law also includes the rules and regulations that state agencies and regulations that state agencies establish to carry out their responsibilities. establish to carry out their responsibilities. In the education context, this responsibility In the education context, this responsibility lies with the State Board of Education and lies with the State Board of Education and the Texas Commissioner of Education.the Texas Commissioner of Education.

Judicial LawJudicial Lawo Judicial law is composed of state and federal court decisions. Judicial law is composed of state and federal court decisions. o Composition of the Texas Judiciary System:Composition of the Texas Judiciary System:

o District courts are the major trial courts in the state judicial District courts are the major trial courts in the state judicial system, having jurisdiction over major criminal and civil system, having jurisdiction over major criminal and civil matters.matters.

o From a district court, an appeal goes to one of the fourteen From a district court, an appeal goes to one of the fourteen courts located throughout the state, and finally to the Texas courts located throughout the state, and finally to the Texas Supreme Court.Supreme Court.

o An appeal from a Travis County district court goes to the Third An appeal from a Travis County district court goes to the Third Court of Appeals in Austin.Court of Appeals in Austin.

o The Third Court, by virtue of its jurisdiction over appeals from The Third Court, by virtue of its jurisdiction over appeals from the district courts of Travis County, has great influence over the the district courts of Travis County, has great influence over the development of educational and other public law matters.development of educational and other public law matters.

o Only the Texas Supreme Court can speak for the entire state in Only the Texas Supreme Court can speak for the entire state in civil matters.civil matters.

o For criminal matters, the highest court is the Texas Court of For criminal matters, the highest court is the Texas Court of Criminal Appeals. Criminal Appeals.

o Texas has two supreme courts, one for civil matters and one for Texas has two supreme courts, one for civil matters and one for criminal matters.criminal matters.

THE STRUCTURE AND GOVERNANCE THE STRUCTURE AND GOVERNANCE OF THE TEXAS SCHOOL SYSTEMOF THE TEXAS SCHOOL SYSTEM

o TEXAS LEGISLATURETEXAS LEGISLATURE o The Texas legislature is responsible for the The Texas legislature is responsible for the

structure and operation of the Texas public structure and operation of the Texas public school system.school system.

o STATE BOARD OF EDUCATION (STATE BOARD OF EDUCATION (http://www.tea.state.tx.us/sboe/ ) )o The SBOE is a powerful entity; its designated The SBOE is a powerful entity; its designated

duties are establishing a state curriculum and duties are establishing a state curriculum and graduation requirements, determining the graduation requirements, determining the standard for satisfactory student performance standard for satisfactory student performance on assessment instruments, adopting and on assessment instruments, adopting and purchasing state textbooks, and investing the purchasing state textbooks, and investing the permanent school funds.permanent school funds.

THE STRUCTURE AND GOVERNANCE THE STRUCTURE AND GOVERNANCE OF THE TEXAS SCHOOL SYSTEMOF THE TEXAS SCHOOL SYSTEM

o THE TEXAS EDUCATION AGENCY (THE TEXAS EDUCATION AGENCY (www.tea.state.tx.us))o Other than the legislature, the most Other than the legislature, the most

powerful state-level player is the Texas powerful state-level player is the Texas Commissioner of Education, whom the Commissioner of Education, whom the governor appoints and removes with the governor appoints and removes with the advice and consent of the Texas Senate. advice and consent of the Texas Senate. The commissioner serves a four year term The commissioner serves a four year term and the only qualification for serving as and the only qualification for serving as commissioner is US citizenship. The commissioner is US citizenship. The commissioner also serves as the commissioner also serves as the executive officer and executive secretary executive officer and executive secretary of the State Board of Educationof the State Board of Education

THE STRUCTURE AND GOVERNANCE THE STRUCTURE AND GOVERNANCE OF THE TEXAS SCHOOL SYSTEMOF THE TEXAS SCHOOL SYSTEM

o Local School DistrictsLocal School Districtso The governance of schools clearly is left to local The governance of schools clearly is left to local

boards of trustees.boards of trustees.o School board trustees serve a term of 3 or 4 School board trustees serve a term of 3 or 4

years. The members terms are staggering. A years. The members terms are staggering. A person must be an eligible voter to be qualified person must be an eligible voter to be qualified for office as a trustee. Trustees serve without for office as a trustee. Trustees serve without compensation. The state board is required to compensation. The state board is required to provide a training program for school board provide a training program for school board members through the regional service centers. members through the regional service centers. Other training programs are offered through Other training programs are offered through professional associations such as the Texas professional associations such as the Texas Association of School Boards (TASB) Association of School Boards (TASB) http://www.tasb.org/. .

THE STRUCTURE AND GOVERNANCE THE STRUCTURE AND GOVERNANCE OF THE TEXAS SCHOOL SYSTEMOF THE TEXAS SCHOOL SYSTEM

o Private SchoolsPrivate Schoolso In a 1925 decision, the US Supreme In a 1925 decision, the US Supreme

Court ruled that the states cannot Court ruled that the states cannot require all children to attend public require all children to attend public schools only (Pierce v. Society of schools only (Pierce v. Society of Sisters).Sisters).

HOW THE U.S. CONSTITUTION AND FEDERAL HOW THE U.S. CONSTITUTION AND FEDERAL GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS

o Key Provisions of the U.S. ConstitutionKey Provisions of the U.S. Constitutiono The Bill of Rights of the US Constitution- where most of our The Bill of Rights of the US Constitution- where most of our

basic civil liberties are included. The First Amendment is basic civil liberties are included. The First Amendment is particularly important, for it lists several liberties inherent in a particularly important, for it lists several liberties inherent in a democratic society: the right to be free from governmental democratic society: the right to be free from governmental control in the exercise of speech, publication, religious control in the exercise of speech, publication, religious preference, and assembly (these only apply to the federal preference, and assembly (these only apply to the federal government.)government.)

o The fourteenth amendment—“nor shall any State deprive any The fourteenth amendment—“nor shall any State deprive any person of life, liberty, or property without due process of law, person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal nor deny to any person within its jurisdiction the equal protection of the laws.” These two clauses together with the protection of the laws.” These two clauses together with the federal laws that implement them, provide the basis for federal laws that implement them, provide the basis for constitutional rights suits against public educational constitutional rights suits against public educational institutions and personnel.institutions and personnel.

o The fourteenth amendment applies to school districts and The fourteenth amendment applies to school districts and personnel because they are viewed as political subdivisions of personnel because they are viewed as political subdivisions of the state; the fourteenth amendment does not apply to private the state; the fourteenth amendment does not apply to private schools.schools.

HOW THE U.S. CONSTITUTION AND FEDERAL HOW THE U.S. CONSTITUTION AND FEDERAL GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS

o Important Federal StatutesImportant Federal Statuteso Title VI of the 1964 Civil Rights Act prohibits intentional Title VI of the 1964 Civil Rights Act prohibits intentional

discrimination with respect to race, color, or national origin discrimination with respect to race, color, or national origin in federally assisted programs. This law was instrumental in in federally assisted programs. This law was instrumental in the desegregation of schools during the 60’s and 70’s.the desegregation of schools during the 60’s and 70’s.

o Title VII of the 1964 Civil Rights Act prohibits discrimination Title VII of the 1964 Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or national origin in on the basis of race, color, religion, sex, or national origin in all aspects of public and private employment. This law all aspects of public and private employment. This law allows money damages for intentional discrimination.allows money damages for intentional discrimination.

o Americans with Disabilities Act of 1990 accords persons with Americans with Disabilities Act of 1990 accords persons with disabilities meaningful access to the programs and facilities disabilities meaningful access to the programs and facilities of public and private schools as well as most businesses in of public and private schools as well as most businesses in the country. The statue also prohibits discrimination the country. The statue also prohibits discrimination against persons with disabilities in pubic and private against persons with disabilities in pubic and private employment, and requires employers to make reasonable employment, and requires employers to make reasonable accommodation for disabled persons to enable them to accommodation for disabled persons to enable them to perform the job. Money damages are available for perform the job. Money damages are available for intentional discrimination.intentional discrimination.

HOW THE U.S. CONSTITUTION AND FEDERAL HOW THE U.S. CONSTITUTION AND FEDERAL GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS

o Important Federal StatutesImportant Federal Statuteso Individuals with Disabilities Education Act requires Individuals with Disabilities Education Act requires

public schools to identify children with disabilities public schools to identify children with disabilities and provide them a free, appropriate public and provide them a free, appropriate public education in the least restrictive environment.education in the least restrictive environment.

o Title IX of the 1972 Education Amendments Title IX of the 1972 Education Amendments prohibits discrimination against persons on the prohibits discrimination against persons on the basis of sex in any federally assisted education basis of sex in any federally assisted education program. Title IX has gained major significance in program. Title IX has gained major significance in the context of student and employee sexual the context of student and employee sexual harassment.harassment.

o No Child Left Behind attempts to raise student No Child Left Behind attempts to raise student achievement levels by holding states and school achievement levels by holding states and school districts to strict accountability standards. Each districts to strict accountability standards. Each state must ensure that students make adequate state must ensure that students make adequate yearly progress so that all students will be yearly progress so that all students will be performing at grade level by the year 2013-2014.performing at grade level by the year 2013-2014.

HOW THE U.S. CONSTITUTION AND FEDERAL HOW THE U.S. CONSTITUTION AND FEDERAL GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS

o School FinanceSchool Financeo With growth, an imbalance between urban and rural With growth, an imbalance between urban and rural

districts became apparent. With the enactment of the districts became apparent. With the enactment of the Gilmer-Aikin Bill in 1949 did reform occur. This bill later Gilmer-Aikin Bill in 1949 did reform occur. This bill later became the focus of became the focus of San Antonio ISD v. RodriguezSan Antonio ISD v. Rodriguez. The bill . The bill established a Minimum Foundation Program (MFP), through established a Minimum Foundation Program (MFP), through which state funds for personnel and operations were which state funds for personnel and operations were distributed and established a minimum below which no distributed and established a minimum below which no state could go. The MFP involved both local and state state could go. The MFP involved both local and state contributions to a special fund; 80% from the state, the contributions to a special fund; 80% from the state, the rest from local districts. Each local district had to levy a rest from local districts. Each local district had to levy a property tax to support its contribution. Inequities property tax to support its contribution. Inequities continued because local districts remained free to enrich continued because local districts remained free to enrich their contributions for their schools beyond the MFP local their contributions for their schools beyond the MFP local fund assignment.fund assignment.

o The plaintiffs in the San Antonio ISD v. Rodriguez lawsuit The plaintiffs in the San Antonio ISD v. Rodriguez lawsuit tried to convince the courts that this system of educational tried to convince the courts that this system of educational finance violated the equal protection clause of the finance violated the equal protection clause of the Fourteenth Amendment. The 3 judge federal district court Fourteenth Amendment. The 3 judge federal district court agreed, but the US Supreme Court did not.agreed, but the US Supreme Court did not.

HOW THE U.S. CONSTITUTION AND FEDERAL HOW THE U.S. CONSTITUTION AND FEDERAL GOVERNMENT AFFECT TEXAS SCHOOLSGOVERNMENT AFFECT TEXAS SCHOOLS

o Parent RightsParent Rightso While constitutional law generally While constitutional law generally

does not support parent rights in does not support parent rights in public schooling, Texas statutory law public schooling, Texas statutory law provides significant support for provides significant support for parents. The first objective of the parents. The first objective of the public education system is that public education system is that “Parents will be full partners with “Parents will be full partners with educators in the education of their educators in the education of their children.”children.”