the legal framework of public education
DESCRIPTION
THE LEGAL FRAMEWORK OF PUBLIC EDUCATION. Dr. Leonard Elovitz Kean University. COMMON LAW. CASE LAW 1. LAW- A BINDING RULE OF ACTION ESTABLISHED BY AN AUTHORITY 2. COURT DECISIONS 3. NOT LEGISLATED 4. DISCOVERED LAW. ORIGINAL LAW IN USA. - PowerPoint PPT PresentationTRANSCRIPT
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THE LEGAL FRAMEWORK OF
PUBLIC EDUCATION
Dr. Leonard ElovitzKean University
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COMMON LAW
How would you define a law?
1. LAW- A BINDING RULE OF ACTION ESTABLISHED BY AN AUTHORITY
Common Law2. COURT DECISIONS
3. NOT LEGISLATED
4. DISCOVERED LAW
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ORIGINAL LAW IN USA
1. ENGLISH COMMON LAW
2. DOCTRINE OF "STARE DECISIS"
C. GREATEST PART OF LAW INCLUDING EDUCATION
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II. FEDERAL CONSTITUTION
NO MENTION OF EDUCATION
10TH AMENDMENT
“THE 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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Branches of Government
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FEDERAL COURTS
INVOLVED MAINLY IN THE PROTECTION OF INHERENT RIGHTS OF INDIVIDUALS
FIRST AMENDMENT – “CONGRESS SHALL MAKE NO LAWS RESPECTING AN ESTABLISHMENT OF RELIGION OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH OR OF THE PRESS; OR OF THE RIGHT OF THE PEOPLE TO PEACEABLY ASSEMBLE AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.
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TYPES OF SCHOOL CASES
1) THE USE OF PUBLIC FUNDS FOR NON-PUBLIC
SCHOOLS OR STUDENTS
2) THE REGULATION OF PROCEDURES IN PUBLIC SCHOOLS WHICH ARE OBJECTED TO ON RELIGIOUS GROUNDS.
3) FREEDOM OF SPEECH
4) RIGHTS OF ASSEMBLY
5) RIGHTS OF PETITION
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5TH AMENDMENT
PROVIDES THAT NO PERSON SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF
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14TH AMENDMENT
“ NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH SHALL ABRIDGE THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE U.S.; NOR SHALL ANY STATE 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.”
IMPORTANT CONCEPTS
1. DUE PROCESS
2. EQUAL PROTECTION
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TYPES OF CASES
1. FLAG SALUTES
2. RIGHTS OF PARENTS
3. RACIAL SEGREGATION
4. TEACHER DISMISSAL
5. PUPIL DISCIPLINE
6. SCHOOL FUNDING
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Article I Section 8
“The Congress shall have the power to lay and collect taxes … to pay debts and provide for the general welfare of the United States”
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Article I Section 10
Guarantees the sanctity of contracts
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FEDERAL LEGISLATION
PROVIDES FUNDS - ESEA, TITLE I, ETC.
CAUSES CHANGE
P.L. 504 – ACCESS OF HANDICAPPEDP.L. 94 – 142 EDUCATION OF HANDICAPPED NCLB - NO CHILD LEFT BEHIND
PROVIDES PROTECTION - CIVIL RIGHTS ACTS
EFFECT OF BREAKING LAWS - LOSS OF FUNDING
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EXECUTIVE BRANCH
Department of EducationCabinet LevelSecretary Arne DuncanFunctions
Formulate federal funding programs Enforce federal educational laws
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State of New Jersey
N.J. CONSTITUTION SINCE 1875 CONTAINS CLAUSE –
“ THE LEGISLATURE SHALL PROVIDE FOR A THOROUGH AND EFFICIENT SYSTEM OF FREE PUBLIC SCHOOLS FOR ALL
CHILDREN IN THE STATE BETWEEN THE AGES OF FIVE AND EIGHTEEN YEARS.”
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Governor
Appoints the members of the State Board And the Commissioner
Governor Chris Christie
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STATE LEGISLATION – NJ
TITLE 18A – OPERATION OF EDUCATION
PROVIDES FOR ESTABLISHMENT OF DEPT. OF EDUCATION
ESTABLISHES FUNDING – School Funding Reform Act (SFRA)
2008
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NJ DEPARTMENT OF EDUCATION
STATE BOARD OF ED.1. 13 MEMBERS
2. CITIZENS OF THE STATE
3. 5 YR. RESIDENCE
4. AT LEAST 3 WOMEN
5. NO MORE THAN 1 PER COUNTY
APPOINTED BY GOVERNOR WITH ADVICE AND CONSENT OF THE SENATE
6 YEAR OVERLAPPING TERMS
NO COMPENSATION
RULES AND REGS. – TITLE VI – ADMINISTRATIVE CODE
Mark W. Biedron President
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NJ DEPARTMENT OF EDUCATION
COMMISSIONER OF EDUCATION1. APPOINTED BY GOVERNOR WITH A&C OF
the SENATE
2. 4 YR TERM WITH GOVERNOR
3. CHIEF EDUCATION OFFICER OF THE STATE
4. A JUDGE IN DISPUTES CAN BE OVERRULED BY STATE BOARD
David C. Hespe
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LOCAL BOARD OF EDUCATION
MEMBERS
1. U. S. CITIZENS
2. ONE YEAR RESIDENCE
3. READ & WRITE
4. REGISTERED VOTER
5. NO COMPENSATION
6. MAKE POLICY
7. EMPLOY SUPERINTENDENT
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SUPERINTENDENTOF SCHOOLS
1. ADMINISTERS DISTRICT CONSISTENT WITH POLICY
2. CHIEF EXECUTIVE OFFICER OF SCHOOL DISTRICT
3. EDUCATIONAL LEADER
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ORGANIZATION AND OPERATION OF COURTS
A. FUNCTION OF COURTS – RESOLVE CONFLICTS
B. JURISDICTION – FEDERAL
1. CONSTITUTIONAL QUESTIONS
2. FEDERAL STATUTES
3. DIVERSITY OF STATE RESIDENCE OF LITIGANTS
4. CASES ON ACTS OF CONGRESS – I.E. CIVIL RIGHTS ACT
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C. STATE - NJ
1. PETITION TO COMMISSIONER HEARD BY ALJ
a. IS DISPUTED LOCAL DECISION IMPROPER AS A MATTER OF LAW
b. IS THE EVIDENCE AVAILABLE SUFFICIENT TO SUSTAIN THE FACTUAL CONCLUSIONS ORB TO FIND NEW CONCLUSIONS OF FACT
c. WAS THE EXERCISE OF LOCAL DISCRETION ARBITRARY, UNREASONABLE, OR CAPRICIOUS
2. ALJ RECOMMENDS DECISION TO COMMISSIONER
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NJ Cont.
3. COMMISSIONER HAS 45 DAYS TO ADOPT, REJECT OR MODIFY
4. APPEALS TO STATE BOE WITHIN 30 DAYS
5. APPEALS TO SUPERIOR COURT
6. STATE SUPREME COURT – LIMITED RIGHT TO APPEAL
7. US SUPREME COURT – EXTREMELY LIMITED RIGHT TO APPEAL