Module

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Module 2The Structuring of Education

• In this module, you will learn
• The legal basis for education
• How schools are organized across the country
• How schools are organized here in Illinois

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Legal Basis of Education

• The Constitution (federal and state
  constitutions)
• Other legal provisions adopted to implement the
  Constitution (laws passed by Congress and state
  legislatures)
• Interpretations of the Constitution or other
  provisions by court decisions

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Three Types of Law

• Constitutional Law
• Consists of U. S. Constitution and State
  Constitutions
• State constitutions are the supreme laws of a
  given state unless they conflict with the U.S.
  Constitution

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2. Common Law (Case Law)

• Law that emerges from court decisions.
• Examples of Unites States Supreme Court Decisions
  that have significantly impacted schools
• Brown v. Board of Ed- 1954/55 USSC-Desegregation
• Goss v. Lopez- 1975 USSC- Established Student Due
  Process
• Lee v. Weisman- 1992 USSC- School sponsored
  prayer violation of 1st Amendment
• New Jersey v. T.L.O.- 1985 USSC- Established
  guidelines for student searches
• Pierce v. Society of Sisters- 1925 USSC-
  Attendance at a private school fulfilled
  compulsory attendance law
• Tinker v. DesMoines- 1969 USSC- Student free
  speech rights

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3. Statutory Law

• Laws enacted by the legislature
• U.S. Congress
• Examples NCLB, Individuals with Disabilities
  Education Act
• State legislatures
• Examples Compulsory attendance laws, tenure
  laws, funding, open meetings laws

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• How the Federal Constitution Impacts Schools

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Federal Constitution

• Does not refer to education. Education becomes a
  state function under the 10th Amendment.
• 10th Amendment the powers not delegated to the
  U. S. by the Constitution, nor prohibited by it
  to the states, are reserved to the states
  respectively, or to the people.
• As far as the U. S. Constitution is concerned,
  states are free to provide an educational system
  to their citizens as they see fit. States have
  plenary power to enact laws regarding the
  schools.

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Inherent Rights of Individuals

• Article I
• Section 10 Impairment of the Obligation of
  Contract. No State shall pass any law
  impairing the obligation of contracts.
• This article is used in court cases as it refers
  to such things as teacher tenure, retirement
  laws, and general employment provisions.
• Section 8 Congress shall have the power to
  provide for the general welfare
• Free Reduced Breakfast Lunch Programs
• NCLB, IDEA

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First

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  government for a redress of grievances.
• Issues Separation of church/state free exercise
  rights, freedom of speech, freedom of press, and
  right peaceably assemble
• School cases use of public funds for non-public
  schools or students (special education,
  transportation, vouchers) regulations or
  procedures in schools which are objected to on
  religious grounds student free speech employee
  free speech school publications right to
  assemble.

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Fourth

• Guarantees the right of citizens to
• To be secure in their persons, houses, papers,
  and effects against unreasonable searches and
  seizures.
• Issues Student searches, employee searches,
  searches of parking lots, cars, book bags,
  purses, computers, etc.

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Fifth

• No person shall be compelled in any criminal case
  to be a witness against himself.
• School cases public employees and subversive
  organizations use of school funds

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14th Amendment

• Nor shall any State deprive any person of life,
  liberty, or property without due process of law,
  nor deny any person the equal protection of the
  law.
• Defines citizenship and specific rights
• Cases rights of parents and students, teacher
  dismissal, pupil discipline, and students with
  special needs

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Federal Laws

• Passed by Congress to provide for the general
  welfare.
• Categorical aid
• Specific conditions relating to specific
  programs.
• Recipient may not discriminate on the basis of
  race, color, religion, national origin, sex, or
  handicap.
• NCLB, IDEA

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State Constitutions

• Fundamental policies and basic provisions to
  restrict state legislatures (Are subject to
  federal supremacy.)
• Most contain
• Legislature must provide a uniform and effective
  education system.
• School funds must be used for public school
  purposes.
• Public schools at public expense.
• Public tax funds are to be made available for
  public education.

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Statutes

• Commonly referred to as laws enacted by the state
  legislature
• This is the most abundant source of law affecting
  public schools
• To view new laws impacting schools for 2008-2009,
  go to http//www.iasb.com/govrel/newlaws08.cfm
• To view the Guide to Illinois Statutes Affecting
  Schools, a handy reference to those Illinois
  statutes that are not in the School Code but are
  occasionally involved in the resolution of issues
  faced by school districts, go to
  http//www.iasb.com/law/icsaguide.cfm

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State Law

• In all states, you find
• A mandatory education system
• A school code
• And Boards will establish their own policies,
  standards, and regulations

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Court System

• Federal Courts Handle issues that have a basis
  in U.S. Constitution or federal laws
• Examples
• Strip searching a student (possible violation of
  the 4th Amendment)
• Not allowing a student to prayer during school
  (possible violation of 1st Amendment)
• Not following appropriate due process procedures
  in expelling a student (possible violation of
  14th amendment)
• State Courts Handle issues that have a basis in
  state constitutional provisions or statutory
  enactments
• Examples
• Tenure issues, compulsory attendance, funding,
  health and safety issues, school consolidations,
  etc. etc. etc.

An issue may have concurrent jurisdiction,
meaning the case could be heard in either the
state or federal courts.
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Court Decisions

• Any untested statute or regulation must be
  presumed valid until such time as it has been
  declared unconstitutional and all levels of
  appeal have been exhausted.

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State Level
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Across the country, State Boards of Education

• How are members selected
• 32 states have members appointed by governor (IL)
• Popular election
• Legislature appoints members
• The board is usually responsible for policies and
  regulations, and the state superintendent serves
  as the executive officer of the board.

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Chief State School Officer/State Superintendent

• Usually the most important educational position
  in the state.
• 3 methods for selecting CSSO
• Appointed by the state board (IL, with governor
  input)
• Elected by popular vote
• Appointed by the governor

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State Agencies

• 1900 177 professional and other staff members
  in all state departments. Today 15,000
• Basic functions leadership, regulatory,
  operational
• States may delegate responsibilities for certain
  functions or services related to public schools
  (IL-Regional Superintendent and Educational
  Service Centers)

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Education Organization Units

• LEA - Local education agency (local school
  district)
• Local school
• Local school attendance area
• Intermediate unit (regional service agency)
• Decentralized district (large city)

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Trends

• 1932 127,244 school districts
• 2001 - 16,000
• 75 of all school districts in U. S. students
• 1942 IL had 10,000 districts
• 2005 800

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Across the CountryTypes of Districts

• Common school district (single elementary/small
  enrollment)
• County unit districts (Florida, Maryland,
  Indiana)
• City school districts (use city boundaries)
• Special independent school districts (special
  legislative act)
• Town or township districts
• High school and elementary districts

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IL State and Local Organization

• IL has well-developed systems of education
• Elementary and secondary education Illinois
  State Board of Education (visit the ISBE website
  at www.isbe.state.il.us/ )
• Higher education board Illinois State Board of
  Higher Education appointed by the governor and
  approved by the senate for the purpose of
  governing all public colleges (visit the IBHE
  website at www.ibhe.state.il.us )
• Function independently with little coordination
  except that provided by the governor and
  legislature.

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Illinois State Board of Education

• 9 members appointed by the governor.
• 5 appointed in the first year of the governors
  term
• 4 in the third year
• All terms are for 4 years
• Can be removed for incompetence, neglect of duty
  or malfeasance.

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Types of Districts in Illinois

• Unit districts PK-12
• Elementary districts PK-8
• High school districts 9-12

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Local School Boards

• 7 members elected for terms of 4 years
• Cities over 500,000 have 11 members appointed by
  the mayor
• Charter districts of 100,000 1,000,000 may have
  11 members serving 4-year terms. Appointed or
  elected
• Districts of
• Representation determined by type of district and
  the area included in the school district
  boundaries as determined by the school code
  (Article 9-12)

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Officers of the Board

• President
• Vice president
• Secretary
• Treasurer
• One or two-year terms

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Duties of the Board

• Select superintendent
• Establish policies
• Adopt a budget approve bills
• Acquisition and development of property
• Maintain appropriate records
• Appoint employees and fix salaries
• Other duties as defined in 10-20.1 through
  10.20.7 of the school code

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Superintendent

• Duties are largely determined by the board of
  education.
• Few powers conferred by the state statutes.

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Common Duties

• Chief executive officer of the board, responsible
  for all aspects of educational service
• Lead board in policy development
• Provide leadership in planning, management, and
  evaluation of all phases of educational programs
• Select and recommend all personnel for employment

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Common Duties Cont.

• Lead staff development
• Collective bargaining
• Prepare budget for adoption
• Determine building needs and administer proper
  operation, maintenance, and needed construction
• Coordinate student ancillary services such as
  transportation and food service
• Other roles as defined by policy or job
  description

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LEA

• Board
• Superintendent
• Assistant Superintendents
• Principals
• Assistant Principals
• Teachers
• Staff

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• You are now ready to take your quiz.