1

2
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•Examine what you do as teacher and/or administrator
•For better or worse, everything you do as an educator whether teacher or
administrator is impacted by the law.
•Think about all of the federal, state, city, district, and school rules which govern
your working lives
•Americans are a litigious people. That’s why people (many educators do not like
lawyers).
•Today’s schools function in a complex legal environment and a wide range of legal
issues influences lives of teachers, students, parents, and administrators. Law
affects every aspect of schooling. Law impacts student publications to the selection
of books for the school library, prohibition of discrimination based on race, sex, and
disability. Attendance requirements. How students are disciplined. When students
can be searched or tested for drugs. Content of the curriculum and testing. Hiring
and firing of teachers and administrators. And more
•Look at the content list on syllabus. Read list aloud. I had to eliminate topics
because the quarter is too short to cover all of the legal issues which may impact
your professional . The trend is an increasing involvement of the courts and
legislatures in the control and regulation of schools.
•Read the newspapers and journals and you will see that laws are being made
every day and legal issues are daily becoming more complex.
•This course is about teachers and administrators and that law that affects them--
law established by state and federal statutes, constitutions, and court decisions.
•Our purpose is not to encourage you to litigate. Going to court is expensive
emotionally and financially. Litigation tends to intensify conflict and polarize
participants. 4
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•What is a rule you have had to follow in your professional life that you hate? Who
promulgated that rule?
•My example: Law School there was a mandatory grade curve; promulgated by
faculty of DePaul Law School in accordance with American Bar Association
guidelines.
•ASK CLASS
•Laws are rules we have to follow. We may not like them, but we need to know
what they are.
•Laws = Body of principles, standards, and rules that govern human behavior by
creating obligations as as rights and by imposing penalties.
•Laws and rules can come from Principal, Municipality, Union, Federal Appellate
Court, US Supreme Court, US Constitution, Illinois Constitution, State Court,
Department of Education, Illinois State Board of Education, etc.
•Some are mandatory. Some are optional. Some have criminal and civil penalties.
Some may have different kind of repercussions-- harming a child, harming your
professional career, harming the morale at a school, etc.
•In addition to law from all of these entities many time laws and regulations among
these entities conflict and create confusion and tensions.

•The Federal government says one thing, the Illinois State Board of Education says
something else, your superintendent has another interpretation, and the principal at
your school rips up the memos because she thinks the policy is wrong.

•Great example is the “No Child Left Behind” Act. 7

•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 8
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
9
•Establishment clause of the 1st amendment is important for decisions involving
school prayer and religious exercises in school.
•Free exercise clause

10
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•Many cases involve the 14th Amendment to the US Constitution.
•The 14th amendment guarantees that states cannot take away any rights granted
to an individual as a citizen of the United States– this means that although states
have the right to provide schools, they cannot in their provision of schools violate
citizen rights granted by the US Constitution. The wording of Section 1 of the 14th
amendment is extremely important in a variety of constitutional issues related to
education.
•No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the US means that the courts can protect the constitutional
rights of students and teachers particularly with regard to freedom of speech and
issues related to religion.
•The due process clause is invoked in cases that involve student suspensions and
teacher firings. Since states provide schools to all citizens, they cannot dismiss a
student or teacher without due process.
•All the protections of the 14th amendment depend on the states making some
provision for education.
•Once a state govt provides a system for education, it must provide it equally to all
people in the state. Equal protection clause is invoked in cases that involve equal
education opportunity and is central to cases that involve school segregation, non-
English speaking children, school finance, and children with special needs.

12
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•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 15
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
16
Can’t do nothing, as loco parentis, required to maintain student discipline.
Relationship extends to all school activities including athletic

17
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 18
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
19
20
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 21
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
22
23
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 24
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
25
26
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 27
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
28
Balance between student’s legitimate expectation of privacy and a school’s
legitimate need to maintain an appropriate environment for learning requires easing
of restrictions which apply to police

29
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 30
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
U

31
32
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 33
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
34
35
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 36
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
37
38
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 39
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
40
41
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 42
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
•Players in “No Child Left Behind Act”
•Congress enacted; signed by President Bush; enforced by Sec of Education Paige;
implemented by Illinois State Board of Education; decisions made by Arne Duncan
representing City of Chicago

•Legal system baffles most foreign visitors because of the multiplicity of laws,
courts, and jurisdictions.

•Basically our system is organized into one into one federal legal system and
fifty separate state legal systems (each of which is unique).
•Hierarchy of Courts
•Under our system of federalism
•Absence of specific language in the US Constitution regarding education and
schools, coupled with the application of the 10th amendment, placed responsibility
for establishing and maintaining public school system with state governments.
Each state assumed control of education within its boundaries. Thus, in the country
today, there is no single, national public school system; rather, public education
exists in 50 different state public school systems.

•Three forms or types of Law: statutory law, common law, and administrative
law.

•Statutory law = formal acts of a legally constituted body. Federal and State 43
Constitutions, acts of US Congress, state codes, and city ordinances. For example,
44