An Overview of Education Law, Texas Schools

8/14/2019 An Overview of Education Law, Texas Schools

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AN OVERVIEW OFAN OVERVIEW OF

EDUCATION LAW, TEXASEDUCATION LAW, TEXASSCHOOLS, AND PARENTSCHOOLS, AND PARENT

RIGHTSRIGHTS

William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD



Constitutional LawConstitutional Law

o Power over education is a state function as declaredPower over education is a state function as declared

by the 10th Amendment of the Constitution.by the 10th Amendment of the Constitution.

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

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

o 19731973 San Antonio I.S.D. v. Rodriguez:San Antonio I.S.D. v. Rodriguez: the USthe US

Supreme Court decided that education is not aSupreme Court decided that education is not a

fundamental right available to all persons.fundamental right available to all persons.



Statutory LawStatutory Law

o A statute is a law enacted by a legislative body. MostA statute is a law enacted by a legislative body. Most

statutes passed by the Texas Legislature that directlystatutes passed by the Texas Legislature that directly

affect education are grouped together in the Texasaffect education are grouped together in the Texas

Education Code (TEC).Education Code (TEC).

o The Code is an important source of law because it The Code is an important source of law because itapplies to the daily operation of schools, detailing theapplies to the daily operation of schools, detailing the

responsibilities and duties of the State Board of responsibilities and duties of the State Board of

Education (SBOE), the Texas Education Agency (TEA),Education (SBOE), the Texas Education Agency (TEA),

school boards, charter schools, and school personnel.school 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 byregulations, and decisions that are issued by

administrative bodies to implement state andadministrative bodies to implement state and

federal statutory laws.federal statutory laws.o Administrative law also includes the rules andAdministrative law also includes the rules and

regulations that state agencies establish toregulations that state agencies establish to

carry out their responsibilities. In thecarry out their responsibilities. In the

education context, this responsibility lies witheducation context, this responsibility lies withthe State Board of Education and the Texasthe State Board of Education and the Texas

Commissioner of Education.Commissioner of Education.



Judicial LawJudicial Law

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

o From a district court, an appeal goes to one of the fourteen courtsFrom a district court, an appeal goes to one of the fourteen courtslocated throughout the state, and finally to the Texas Supremelocated throughout the state, and finally to the Texas Supreme

Court.Court.o An appeal from a Travis County district court goes to the Third CourtAn appeal from a Travis County district court goes to the Third Court

of Appeals in Austin.of Appeals in Austin.o The Third Court, by virtue of its jurisdiction over appeals from the The Third Court, by virtue of its jurisdiction over appeals from the

district courts of Travis County, has great influence over thedistrict courts of Travis County, has great influence over thedevelopment 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 civilOnly the Texas Supreme Court can speak for the entire state in civil

matters.matters.o For criminal matters, the highest court is the Texas Court of CriminalFor criminal matters, the highest court is the Texas Court of CriminalAppeals.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 forcriminal matters.criminal matters.



THE STRUCTURE AND GOVERNANCETHE 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 publicstructure and operation of the Texas public

school system.school system.

o STATE BOARD OF EDUCATION (STATE BOARD OF EDUCATION (http://http://www.tea.state.tx.us/sboewww.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 andduties are establishing a state curriculum and

graduation requirements, determining thegraduation requirements, determining thestandard for satisfactory student performance onstandard for satisfactory student performance onassessment instruments, adopting andassessment instruments, adopting andpurchasing state textbooks, and investing thepurchasing state textbooks, and investing thepermanent school funds.permanent school funds.

http://www.tea.state.tx.us/sboe/













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

powerful state-level player is the Texaspowerful state-level player is the TexasCommissioner of Education, whom theCommissioner of Education, whom thegovernor appoints and removes with thegovernor appoints and removes with theadvice and consent of the Texas Senate.advice and consent of the Texas Senate.The commissioner serves a four year termThe commissioner serves a four year termand the only qualification for serving asand the only qualification for serving ascommissioner is US citizenship. Thecommissioner is US citizenship. Thecommissioner also serves as thecommissioner also serves as theexecutive officer and executive secretaryexecutive officer and executive secretaryof the State Board of Educationof the State Board of Education

http://www.tea.state.tx.us/







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

of trustees.of trustees.

o School board trustees serve a term of 3 or 4 years. TheSchool board trustees serve a term of 3 or 4 years. Themembers terms are staggering. A person must be anmembers terms are staggering. A person must be aneligible voter to be qualified for office as a trustee.eligible voter to be qualified for office as a trustee.

Trustees serve without compensation. The state board Trustees serve without compensation. The state boardis required to provide a training program for schoolis required to provide a training program for schoolboard members through the regional service centers.board members through the regional service centers.Other training programs are offered throughOther training programs are offered throughprofessional associations such as the Texas Associationprofessional associations such as the Texas Associationof School Boards (TASB)of School Boards (TASB) http://http://www.tasb.orgwww.tasb.org//..

http://www.tasb.org/













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

Court ruled that the states cannotCourt ruled that the states cannotrequire all children to attend publicrequire 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 FEDERALHOW 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 basic civil The Bill of Rights of the US Constitution- where most of our basic civil

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

the federal government.)the federal government.)o The fourteenth amendment—“nor shall any State deprive any person The fourteenth amendment—“nor shall any State deprive any person

of life, liberty, or property without due process of law, nor deny to anyof life, liberty, or property without due process of law, nor deny to anyperson within its jurisdiction the equal protection of the laws.” Theseperson within its jurisdiction the equal protection of the laws.” Thesetwo clauses together with the federal laws that implement them,two clauses together with the federal laws that implement them,provide the basis for constitutional rights suits against publicprovide the basis for constitutional rights suits against publiceducational institutions and personnel.educational institutions and personnel.

o The fourteenth amendment applies to school districts and personnel The fourteenth amendment applies to school districts and personnelbecause they are viewed as political subdivisions of the state; thebecause they are viewed as political subdivisions of the state; thefourteenth amendment does not apply to private schools.fourteenth amendment does not apply to private 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 indiscrimination with respect to race, color, or national origin infederally assisted programs. This law was instrumental in thefederally assisted programs. This law was instrumental in thedesegregation of schools during the 60’s and 70’s.desegregation of schools during the 60’s and 70’s.

o

Title VII of the 1964 Civil Rights Act prohibits discrimination on Title VII of the 1964 Civil Rights Act prohibits discrimination onthe basis of race, color, religion, sex, or national origin in allthe basis of race, color, religion, sex, or national origin in allaspects of public and private employment. This law allowsaspects of public and private employment. This law allowsmoney damages for intentional discrimination.money damages for intentional discrimination.

o Americans with Disabilities Act of 1990 accords persons withAmericans with Disabilities Act of 1990 accords persons withdisabilities meaningful access to the programs and facilities of disabilities meaningful access to the programs and facilities of

public and private schools as well as most businesses in thepublic and private schools as well as most businesses in thecountry. The statue also prohibits discrimination againstcountry. The statue also prohibits discrimination againstpersons with disabilities in pubic and private employment, andpersons with disabilities in pubic and private employment, andrequires employers to make reasonable accommodation forrequires employers to make reasonable accommodation fordisabled persons to enable them to perform the job. Moneydisabled persons to enable them to perform the job. Moneydamages are available for intentional discrimination.damages are available for intentional discrimination.





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

public schools to identify children with disabilitiespublic schools to identify children with disabilitiesand provide them a free, appropriate publicand provide them a free, appropriate publiceducation in the least restrictive environment.education in the least restrictive environment.

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

o

No Child Left Behind attempts to raise studentNo Child Left Behind attempts to raise studentachievement levels by holding states and schoolachievement levels by holding states and schooldistricts to strict accountability standards. Eachdistricts to strict accountability standards. Eachstate must ensure that students make adequatestate must ensure that students make adequateyearly progress so that all students will beyearly progress so that all students will beperforming at grade level by the year 2013-2014.performing at grade level by the year 2013-2014.





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

districts became apparent. With the enactment of thedistricts became apparent. With the enactment of theGilmer-Aikin Bill in 1949 did reform occur. This bill laterGilmer-Aikin Bill in 1949 did reform occur. This bill laterbecame the focus of became the focus of San Antonio ISD v. RodriguezSan Antonio ISD v. Rodriguez. The bill. The billestablished a Minimum Foundation Program (MFP), throughestablished a Minimum Foundation Program (MFP), throughwhich state funds for personnel and operations werewhich state funds for personnel and operations were

distributed and established a minimum below which nodistributed and established a minimum below which nostate could go. The MFP involved both local and statestate could go. The MFP involved both local and statecontributions to a special fund; 80% from the state, thecontributions to a special fund; 80% from the state, therest from local districts. Each local district had to levy arest from local districts. Each local district had to levy aproperty tax to support its contribution. Inequitiesproperty tax to support its contribution. Inequitiescontinued because local districts remained free to enrichcontinued because local districts remained free to enrichtheir contributions for their schools beyond the MFP localtheir contributions for their schools beyond the MFP local

fund assignment.fund assignment.o The plaintiffs in the San Antonio ISD v. Rodriguez lawsuitThe plaintiffs in the San Antonio ISD v. Rodriguez lawsuit

tried to convince the courts that this system of educationaltried to convince the courts that this system of educationalfinance violated the equal protection clause of thefinance violated the equal protection clause of theFourteenth Amendment. The 3 judge federal district courtFourteenth Amendment. The 3 judge federal district courtagreed, but the US Supreme Court did not.agreed, but the US Supreme Court did not.





o Parent RightsParent Rightso While constitutional law generallyWhile constitutional law generally

does not support parent rights indoes not support parent rights in

public schooling, Texas statutory lawpublic schooling, Texas statutory lawprovides significant support forprovides significant support for

parents. The first objective of theparents. The first objective of the

public education system is thatpublic education system is that

“Parents will be full partners with“Parents will be full partners witheducators in the education of theireducators in the education of their

children.”children.”

Documents

An Overview of Education Law, Texas Schools