Abstract
Today schools are changing to integrate the 21st century. Therefore, it is imperative that educational administrators are aware of the legal framework facing the issues in schools. There are many issues the administrators will face and they must know the constitutional rights of individuals and the school. The Constitution contains the laws of the United States.
Discovering the Relationship between the Law and Your School
There are no references to education in the Constitution, but it does speak of the operation and management of the schools and the protection of the students’, faculty’s, and staff’s individual rights. There are many issues, both social and economic, that requires legal action. Children are the future of the society, so therefore, the state must keep track on issues that may arise in the schools. This paper will explore the law and its application to issues in the school district.
Our school is in the 5th district, so therefore, the Federal District Court and the Federal Circuit Court of Appeal is located in Jackson, Mississippi. Even though the state laws basically cover school issues in their respectively state, the Federal law is the centralized law to all without discrimination. These laws are regulated under the Equal Protection Clause, which guaranteed that no one can be denied equal protection of the laws of their jurisdiction. So therefore, the federal law supersedes the state law, and is in control of the covered subject. The legal system is evolving more to having a government that control the citizens lives, stricter laws and less deference for individual rights. In the future the legal system will continue to fight for more order, but the end result could still be totalitarian contr...
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... has gotten teachers fired from their jobs (Brown, 2008).
The laws of the schools are to protect the students, faculty, and staff. Administrators must know the law so that everyone is treated equally and fair. With the state statutes, the school boards have the right to adopt and enforce rules and regulations necessary to operate and manage schools. Parents have to right to place their children in any institutions they feel their children will excel, whether that is a private or public school.(Essex, 2002, p. 6)
References
Brown, L. (2008, 7/27/2008). Mississippi districts restrict electronic communications with students. Jackson Clarion-Ledger. Retrieved January 12, 2010, from http://www.nsba.org/MainMenu/SchoolLaw/Issues/Technology/News/Mississippicommunications.aspx
Essex, N. L. (2002). School Law and the Public School (4th ed.). Boston: Allyn & Bacon
The right of parents to disagree with decisions made by the school system on those issues
No greater obligation is placed on school officials than to protect the children in their charge from foreseeable dangers, whether those dangers arise from the careless acts or intentional transgressions of others. Although the overarching mission of a board of education is to educate, its first imperative must be to do no harm to the children in its care. A board of education must take reasonable measures to assure that the teachers and administrators who stand as surrogate parents during the day are educating, not endangering, and protecting, not exploiting, vulnerable children (Frugis v. Bracigliano, 2003).
“‘Look inside a high school, and you are looking in a mirror, under bright lights. How we treat our children, what they see and learn from us, tell us what is healthy and what is sick and more about who we are than we may want to know (Gibbs, 1999).’”(Beger 119). Essayist and managing editor of Time Magazine, Nancy Gibbs tells the public of how unappealing public schools have become due to their carelessness and negligence. Consequently, schools have become power crazed institutions that punish students in the place of a parent. Thus, schools that operate in this manner have begun to scare the public, and it has brought forth court cases because schools searched students unconstitutionally. The Supreme Court of the United State should revise
Did the state’s compulsory education n laws, which requires child’s attendance until age 16, infringe upon the parents’ First Amendment rights by criminalizing the parents who refused to send their children to school for religious reasons?
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School Choice: Followed the ruling on compulsory education. Parents have a right to choose whether their children go to a private, parochial or public school, or they may choose to home-school. Parents must accept any responsibility for their choice.
School boards now and days are corrupt and only care for personal financial gain. The problem persists throughout the entire nation. We need to find the right people to control our schools if they are going to be productive, and help re-establish educational...
The state controls the curriculum and the funding for schools, therefore, making it difficult for the teachers and school administration. There will be less and less local discretion over the content of what goes on in the classroom and over the curriculum. On-the-other-hand, more and more
20 May 2014. This article shows a majority of the cases that are relevant to the topic and research questions; it clearly shows the articles that are involved with public schools and how and what they did. It helps answer that research question because it shows that some of the schools are capable of bypassing the system, but sometimes get overturned. Paulson, Ken. A.
In the Abbeville et al. versus the state of South Carolina case, Abbeville demanded more funding from the state for the school districts that were not being provided with extra money through their property taxes. Abbeville argued for more state funding by proposing that their students were not acquiring an adequate education compared to that of students in wealthier districts (Abbeville 4). Abbeville et al. claimed the state violated “the South Carolina Constitution's education clause (art. XI, § 3), the state and federal equal protection clauses, and a violation of the Education Finance Act (EFA)” (Abbevi...
Merino, Noel. Ed. School Policies. Farmington Hills: Greenhaven Press and Gale, 2011. Pg. 105-115. Print.
Bosher, William, Kate Kaminski, and Richard Vacca. The School Law Handbook: What Every Leader Needs to Know. Alexandria: ASCD. 2003. Brown, Frank, et al. Key Legal Issues for Schools.
What are the steps to due process? What significance are the court cases Goss v. Lopez and Dixon v. Alabama in maintaining a well-ordered school?
Tang, A. Y. (2011). Broken systems, broken duties: A new theory for school finance litigation.
Fischer, L., Schimmel, D., & Stellman, L. (2007). Teachers and the law (7th ed.). Boston, MA: Pearson Education, Inc.