Ch 15 Legalities Affecting Schooling - Dr. William Allan Kritsonis

1. CHAPTER 15–
IMPORTANT LEGALITIES AFFECTING SCHOOLING IN AMERICA
PAGE 78
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CHAPTER 15
IMPORTANT LEGALITIES AFFECTING
SCHOOLING IN AMERICA
KEY POINTS
THE THIRTEEN FEDERAL JUDICIAL CIRCUITS
Copyright © 2005
William Kritsonis
All Rights Reserved / Forever
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2. SCHOOLING (2002)
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CHAPTER 15–IMPORTANT LEGALITIES AFFECTING SCHOOL-
ING IN AMERICA
A. OVERVIEW
Chapter 15 presents information regarding important legalities affecting
schooling in America. Specific content focuses on federal legislation,
important court cases and decisions, and parts of the Constitution that affect
education in America.
B. KEY TERMS–DEFINITIONS – NONE
C. SOME PRECEDING THOUGHTS
1. Federal legislation affecting education.
Land Ordinance of 1785
• first legislation passed at the national level that had an impact on
education;
• required one section of each township established in the Northwest
Territory be reserved for the establishment of public schools.
Northwest Ordinance of 1787
• expressed general commitment for education by the federal
government;
• stated that “Religion, morality, and knowledge being necessary to good
government and the happiness of mankind, schools and the means of
education shall forever be encouraged”;
• considered by many as the foundation for public education.
Morrill Land Grant Act of 1862
• gave 30,000 acres of federal land to each state for each elected
representative to Congress;
• purpose of the land was to establish a college for agriculture and
mechanical arts;
• eventual donation of 17 million acres of land.

3. CHAPTER 15– IMPORTANT LEGALITIES AFFECTING SCHOOLING IN AMERICA
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The Smith-Hughes Act of 1917
• provided funds to states to train teachers in the area of vocational
education;
• primarily assisted high schools; however, some funds used in junior
colleges;
• helped establish an extensive network of vocational education in the
country;
National Defense Education Act of 1958 (Public Law 85-865)
• passed after the launching of Sputnik;
• primarily enacted as a defense action;
• provided unprecedented amounts of federal money for public
education;
• emphasized educational improvement in the areas of science and
foreign languages.
Vocational Education Act of 1963 (Public Law 88-210)
• expanded federal support for vocational education;
• main purpose was to assist states in maintaining, extending, and
improving existing vocational education programs and to provide part-
time employment for youths;
• provided for $60 million during fiscal year 1964 and $225 million per
year thereafter.
Bilingual Education Act of 1964
• provided funds for school districts to develop and operate special
programs for students with limited English-speaking skills;
• 1974 amendment removed requirements that students in the program be
from low income homes.
Elementary and Secondary Education Act of 1965 (Public Law 89-10)
• most extensive federal legislation passed dealing with public education;
• focused public education efforts on children from poverty homes;
• provided funds for library support;
• established services for academic support and remedial instruction;
• provided funding for research activities by universities;
• funded programs at state education agencies to support personnel
training and planning.

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Economic Opportunity Act of 1965
• continued efforts at providing services to poor children;
• funded Head Start programs.
Rehabilitation Act of 1973 (Public Law 93-102)
• basically civil rights legislation for the handicapped;
• prevented discrimination against children and adults due to disabilities;
• applied safeguards for school-age disabled children.
Education for all Handicapped Children Act of 1975 (Public Law 94-
142)
• required the provision of a free, appropriate public education for all
handicapped children;
• mandated that all handicapped children have an Individualized
Educational Program (IEP);
• required that handicapped children be educated with non-handicapped
children as much as possible;
• provided parents, students, and schools with due process safeguards;
• required that parents be involved in the education of their handicapped
children. Mandated that nondiscriminatory assessment practices be
used with children.
Department of Education Organization Act of 1979 (Public Law 96-88)
• established the Department of Education.;
• functions came from the Department of Health, Education, and Welfare.
Education Consolidation and Improvement Act of 1981 (Public Law
97-35)
• consolidated 42 programs into seven programs;
• funding came from elementary and secondary block grant authority.
Rehabilitation Amendments of 1984 (Public Law 98-221)
• revised and expanded Rehabilitation Act of 1973 (Section 504);
• provided for the Helen Keller National Center for Deaf/Blind.

5. CHAPTER 15– IMPORTANT LEGALITIES AFFECTING SCHOOLING IN AMERICA
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Reauthorization of the Education of the Handicapped Act
Amendments (Public Law 99-457)
• reauthorized three-year programs under Public Law 94-142;
• mandated services for children with disabilities, ages 3-5, by 1990-
1991;
• provided financial incentives to serve children 0-2 years with
disabilities.
The Drug-Free Schools and Communities Act of 1986 (Public Law 99-
570)
• authorized funding for FY 87-89;
• part of Anti-Drug Abuse Act of 1986;
• established programs for drug abuse education and prevention.
2. Important court cases affecting education.
Commonwealth vs. Hartment (1851) – the Pennsylvania Supreme Court
ruled that the state constitution and school laws only establish minimum
requirements and that schools could establish more stringent requirements,
in this case, mandatory education.
Springfield vs. Quick (1859) – the United States Supreme Court ruled that
states could collect taxes and tax funds for public educational programs.
Kalamazoo Case (1874) – the Michigan Supreme court ruled that the
Kalamazoo school district could levy taxes to support high schools.
Plessy vs. Ferguson (1896) – the United States Supreme Court upheld a
Louisiana law that required railways to provide separate-but-equal
facilities for white and black individuals.
Attorney General of Michigan vs. Lowrey (1905) – the United States
Supreme Court upheld the right of state legislature to make and change
boundaries of school districts.
Pierce vs. Society of Sisters (1925) – the United States Supreme Court
ruled that state laws may require the attendance of children in school, but
could not regulate whether the school is private or public.
Cochran vs. Louisiana State Board of Education (1930) – the United
States Supreme Court ruled that state funds could be used to purchase
textbooks for all school-age children, including those attending private,
sectarian schools.

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Illinois ex. rel. vs. Board of Education (1948) – the United States Supreme
Court ruled as unconstitutional a school program that permitted students to
attend religious instruction in school during school hours.
Illinois ex rel. Mccollum vs. Board of Education (1948) – the United States
Supreme Court ruled that school programs permitting religious instruction
during school hours, and allowing students to leave their regular classes
for the religious classes, was unconstitutional.
Sweatt vs. Painter (1950) – the United States Supreme Court ruled that a
black student could not be denied admission to the University of Texas
Law School for the sole reason of race.
Brown vs. Board of Education, Topeka, Kansas (1954) – the United States
Supreme Court ruled that children could not be denied admission to public
schools on the basic of race; ruling declared segregated public schools to
be unconstitutional based on the Fourteenth Amendment to the
Constitution.
Engel vs. Vitale (1962) – the United States Supreme Court ruled that a
New York State law that required the reading of a 22-word,
nondenominational prayer unconstitutional.
Abington School District vs. Schempp, Murray vs. Curlett (1963) – the
United States Supreme Court ruled as unconstitutional a law that required
the reading of 10 Bible verses and recitation of the Lord’s Prayer during
school hours, on school grounds, conducted by school personnel.
Epperson vs. Arkansas (1968) – a law forbidding the teaching of evolution
was ruled unconstitutional by the United States Supreme Court.
Green vs. County School Board (1968) – the United States Supreme Court
declared that a “freedom of choice” plan in a previously segregated school
district offers little likelihood for desegregation. The ruling required that
an effective plan for desegregation be implemented.
Pickering vs. Board of Education (1968) – teachers may express their
opinions as long as the school’s regular operation is not disrupted.
Tinker vs. Des Moines Independent Community School District (1969) –
the United States Supreme Court ruled as unconstitutional the suspension
of students wearing armbands or other symbolic expressions unless the
wearing of such interferes with school.
Swann vs. Charlotte-Mecklenburg Board of Education (1971) – federal
court ruling upheld busing as a legitimate means for desegregating
schools. It gave district courts wide discretion in remedying longstanding
segregated school systems.

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Pennsylvania Association for Retarded Citizens (PARC) vs. Pennsylvania
(1971) – federal court required local schools to provide a free, appropriate
public education for all school-aged, mentally retarded children.
Board of Regents of State Colleges vs. Roth (1972) – after a specified
probationary period, teachers have a property interest in continued
employment.
San Antonio Independent School District vs. Rodriquez (1973) – federal
court upheld a state funding model where local property taxes are used to
provide a minimum educational program for all students.
Sloan vs. Lemon (1973) – the United States Supreme Court ruled as
unconstitutional a law allowing for partial reimbursement by the state for
tuition paid by parents sending their children to private schools.
Cleveland Board of Education vs. Lefleur (1974) – board of education may
establish leave policies for pregnant teachers, but these policies may not
contain arbitrary leave and return dates.
Milliken vs. Bradley (1974) – the United States Supreme Court, in a five to
four decision, overturned lower court rulings that required the busing of
children between Detroit and suburban school districts to desegregate the
Detroit system.
Baker vs. Owen (1975) – the United States Supreme Court ruled that a
statute allowing for reasonable corporal punishment was constitutional as
long as certain procedural rights were afforded.
Hortonville District vs. Hortonville Education Association (1976) – in a
due process hearing, a school board may be the impartial body conducting
the hearing.
Washington vs. Davis (1976) – under-representation of a group in the work
force does not, in itself, prove unconstitutional employment
discrimination, but the employer in this situation must prove that hiring
has not been discriminatory.
Wolman vs. Walter (1977) – the United States Supreme Court ruled that
states may supply secular texts, standardized tests, diagnostic speech,
hearing and psychological services, and guidance and remedial services
provided on religiously neutral territory to religious, private schools.
Steelworkers vs. Weber (1979) – employers (including school districts)
may use affirmative action plans to increase the number of minority
employees.

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Battle vs. Commonwealth (1980) – Third Circuit Court of Appeals ruled
that some handicapped children should be afforded extended school year
services in cases where significant regression would occur during the
summer.
Board of Education vs. Rowley (1982) – the United States Supreme court
ruled that Public Law 94-142 guaranteed the right of disabled children to a
minimally appropriate educational program, not a program designed to
maximize the educational performance of students.
Firefighters vs. Stotts (1984) – in affirmative action programs, government
units may not ignore seniority unless the minority candidates who benefit
have personally experienced discrimination.
New Jersey vs. T.L.O. (1985) – the United States Supreme Court ruled that
while students had Fourth Amendment Rights relative to search and
seizure, schools could use “reasonable suspicion” as a reason for searches
rather than “probable cause.”
Spring Branch Independent School District vs. Stamos (1985) – the Texas
Supreme Court upheld the “no-pass no-play” rule in Texas requiring
students to meet certain academic standards before being eligible for
extracurricular activities.
Day vs. South Park Independent School District (1985) – this case, which
will likely disturb educators, upheld the right of a school district to
terminate an employee simply because the employee had used the
employee grievance procedure.
District 27 Community School Board vs. The Board of Education of the
City of New York (1986) – the court ruled that a child with Acquired
Immune Deficiency Syndrome (AIDS) could be considered handicapped
under Section 504 of the Rehabilitation Act of 1973, and therefore eligible
for certain protections under the law.
Jager and Jager vs. Douglas County School District and Douglas County
Board of Education (1987) – this case resulted in an ambiguous opinion
that made it unconstitutional for clergy to give a pregame invocation at a
high school athletic event. The decision left the door open for other than
clergy to give the invocation.
Edwards vs. Aguillard (1987) – the United States Supreme Court upheld a
lower court’s decision that the Louisiana law, the Balanced Treatment for
Creation-Science and Evolution-Science Act, was unconstitutional.
School Board of Nassau County vs. Arline (1987) – dismissing a teacher
because of physical impairment or contagious disease is unconstitutional.

9. CHAPTER 15– IMPORTANT LEGALITIES AFFECTING SCHOOLING IN AMERICA
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Hoenig vs. Doe (1988) – in this case, the United States Supreme Court
ruled that schools had to keep a child with emotional problems in the
placement pursuant to the individualized educational program (IEP) unless
the parents and school agreed to a change, or until the due process
procedures for changing placement were carried out.
Lehnert vs. Ferris Faculty Association (1991) – employees who are not
union members cannot be required to pay dues used for political purposes
unrelated to collective bargaining agreements.
3. Important United States Supreme Court desegregation cases related
to the public schools.
Case Decision
Brown vs. Board of Education of
Topeka (1954)
The doctrine of separate but
equal in education is a violation
of the Fourteenth Amendment.
Green vs. County School Board
of New Kent County (1968)
Local school boards should
immediately take whatever steps
are necessary to achieve a
unitary system.
Swann vs. Charlotte-
Mecklenburg Board of Education
(1971)
Transportation of students to
opposite-race school is
permissible to achieve
desegregation.
Keyes vs. School District No. 1
(Denver) (1973)
Proof of intent to segregate in
one part of a district is sufficient
to find the district to be
segregated and to warrant a
district-wide remedy. For
purposes of defining a
segregated school, blacks and
Hispanics may be considered
together.
Milliken vs. Bradley (1974) In devising judicial remedies for
desegregation, the scope of the
desegregation remedy cannot
exceed the scope of the
violation.
Dayton Board of Education vs.
Brinkman (1977)
Judicially mandated
desegregation plans cannot

10. SCHOOLING (2002)
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exceed the impact of the
segregatory practices.
Case Decision
Board of Education of Oklahoma
City Public Schools vs. Dowell
(1991)
Desegregation decrees are not
intended to operate in
perpetuity, and can be dissolved
when a district has made good
faith effort to comply and to the
extent practical has eliminated
the vestiges of past
discrimination.
Freeman vs. Pitts (1992) Lower courts can relinquish
supervision of a school district
under desegregation decree in
incremental stages before full
compliance has been achieved
in every area of school
operations.
Missouri vs. Jenkins (1995) Once the effects of legally
imposed segregation have been
eliminated, the goal of
desegregation plans need not be
to maintain racial balance but to
return control to state and local
authorities. Any resegregation
of neighborhood schools that
may result is not
unconstitutional.
4. Summary of important major civil rights statues affecting education.
Statute Major Provision
Civil Rights Act of 1866, 1870
42 U.S.C. § 1981
Provides all citizens equal rights
under the law regardless of race.
Civil Rights Act of 1871
42 U.S.C. § 1983
Any person who deprives
another of his/her rights may be
held liable to the injured party.
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11. CHAPTER 15– IMPORTANT LEGALITIES AFFECTING SCHOOLING IN AMERICA
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Civil Rights Act of 1871
42 U.S.C. § 1985 and 1986
Persons conspiring to deprive
another of his/her rights, or any
person having knowledge of any
such conspiracy, are subject to
any action to recover damages.
Statute Major Provision
Civil Rights Act of 1866, 1870
(as amended)
42 U.S.C. § 1988
Courts may award reasonable
attorney fees to the prevailing
party in any action arising out of
the above acts and Title VI of
the Civil Rights of 1964.
Civil Rights Act of 1964
Title VI
42 U.S.C. § 2000(d)
Prohibits discrimination on the
basis of race, color, or national
origin.
Equal Pay Act of 1963
29 U.S.C. § 206(D)
Prohibits sex discrimination in
pay.
Civil Rights Act of 1964, Title
VII
42 U.S.C. § 2000(e)
Prohibits discrimination in
employment on the basis of
race, color, religion, sex, or
national origin.
Age Discrimination in
Employment Act of 1967
29 U.S.C. § 621
Prohibits discrimination against
any individual with respect to
employment unless age is a bona
fide occupational qualification.
Education Amendments of 1972,
Title IX
20 U.S.C. § 1681
Prohibits sex discrimination in
any education program or
activity receiving federal
financial assistance.
Rehabilitation Act of 1973
(as amended)
29 U.S.C. § 791
Prohibits sex discrimination
against any “otherwise qualified
handicapped individual.”
Equal Educational Opportunities
Act of 1974
20 U.S.C. § 1703
Prohibits any state from denying
equal educational opportunities
to any individual based on
his/her race, color, sex, or
national origin.
Americans with Disabilities Act Prohibits discrimination against
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12. SCHOOLING (2002)
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of 1990
42 U.S.C. §12112
persons with disabilities.
Statute Major Provision
Individuals with Disabilities
Education Act of 1990
20 U.S.C. § 1400-1485
Individuals with disabilities
must be guaranteed a free
appropriate education by
programs receiving federal
financial assistance.
Civil Rights Restoration Act of
1991
42 U.S.C. § 1981 et seq.
Amends the Civil Rights Act of
1964, the Age Discrimination in
Employment Act of 1967, and
the Americans with Disabilities
Act of 1990 with regard to
employment discrimination.
5. Important U.S. Supreme Court cases affecting teachers’ rights.
Case Decision
Indiana ex rel. Anderson vs.
Branch (1938)
Tenure statutes provide qualifying
teachers with contractual rights
that cannot be altered by the state
without good cause.
Keyishian vs. Board of
Regents (1967)
Loyalty oaths that make mere
membership in a subversive
organization grounds for dismissal
are unconstitutionally overboard.
Pickering vs. Board of
Education (1968)
Absent proof of false statements
knowingly or recklessly made,
teachers may not be dismissed for
exercising the freedom to speak on
matters of public interest.
Board of Regents vs. Roth
(1972)
A nontenured teacher does not have
a property right to continued
employment and can be dismissed
without a statement of cause or a
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13. CHAPTER 15– IMPORTANT LEGALITIES AFFECTING SCHOOLING IN AMERICA
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hearing as long as the employee’s
reputation or future employment
have not been impaired.
Case Decision
Perry vs. Sindermann (1972) Teacher may not be dismissed for
public criticism of superiors on
matters of public concern.
Cleveland Board of
Education vs. Le Fleur (1974)
School board policy requiring that
all pregnant teachers take
mandatory leave is
unconstitutional.
Hortonville Joint School
District No. 1 vs. Hortonville
Education Association (1976)
A school board may serve as the
impartial hearing body in a due
process hearing.
Washington vs. Davis (1976) To sustain a claim of
discrimination, an employee must
show that the employer’s action
was a deliberate attempt to
discriminate, not just that the action
resulted in a disproportionate
impact.
Mount Healthy City School
District vs. Doyle (1977)
To prevail in a First Amendment
dismissal case, school district
employees must show that the
conduct was protected and was a
substantial and motivating decision
not to renew the contract, and the
school board must prove that it
would have reached the same
decision in the absence of the
protected conduct.
United States vs. South
Carolina (1978)
Use of the National Teachers
Examinations both as a requirement
for certification and as a factor in
salary determination serves a
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14. SCHOOLING (2002)
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legitimate state purpose and is not
unconstitutional despite its
disparate racial impact.
Connick vs. Myers (1983) The First Amendment guarantee of
freedom of expression does not
extend to teachers’ public
comments on matters of personal
interest (as opposed to matters of
public
concern).
Case Decision
Cleveland Board of
Education vs. Laudermill
(1985)
A teacher who can be dismissed
only for cause is entitled to an oral
or written notice of charges, a
statement of the evidence against
him or her, and the opportunity to
present his or her side prior to
termination.
Garland Independent School
District vs. Texas State
Teachers Association (1986)
Teachers can use the interschool
mail system and school mailboxes
to distribute union material.
Wygant vs. Jackson Board of
Education (1986)
Absent evidence that the school
board has engaged in
discrimination or that the preferred
employees have been victims of
discrimination, school board
policies may not give preferential
treatment based on race or ethnicity
in layoff decisions.
School Board of Nassau
County vs. Arline (1987)
Persons suffering from contagious
diseases are considered
handicapped persons, and
discrimination against them based
solely on fear of contamination is
considered unconstitutional
discrimination against the
handicapped.
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15. CHAPTER 15– IMPORTANT LEGALITIES AFFECTING SCHOOLING IN AMERICA
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6. Important U.S. Supreme Court cases affecting students’ rights.
Case Decision
Tinker vs. Des Moines (1969) School officials cannot limit
students’ rights to free expression
unless there is evidence of a
material disruption or substantial
disorder.
Goss vs. Lopez (1975) For suspensions of less than 10
days, the student must be given an
oral or written notice of charges, an
explanation of the evidence against
him or her, and the opportunity to
rebut the charges before an
objective decision maker.
Case Decision
Wood vs. Strickland (1975) Students may sue school board
members for monetary damages
under the Civil Rights Act of 1871.
Ingraham vs. Wright (1977) Corporal punishment does not
constitute cruel and unusual
punishment under the Eighth
Amendment and does not require
due process prior to administration.
Board of Education, Island
Trees Union Free School
District vs. Pico (1982)
Censorship by the school board
acting in a narrowly partisan or
political manner violates the First
Amendment rights of students.
Pyler vs. Doe (1982) The denial of a free public education
to undocumented alien children
violates the equal protection
guarantees of the Fourteenth
Amendment.
Bethel School District vs.
Fraser (1985)
School boards have the authority to
determine what speech is
inappropriate and need not tolerate
speech that is lewd or offensive.
New Jersey vs. T.L.O. (1986) School officials are not required to
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16. SCHOOLING (2002)
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obtain a search warrant or show
probable cause to search a student,
only reasonable suspicion that the
search will turn up evidence of a
violation of law or school rules.
Hazelwood School District vs.
Kuhlmier (1988)
School officials may limit school-
sponsored student speech as long as
their actions are related to a
legitimate pedagogical concern.
Honig vs. Doe (1988) Disruptive handicapped children
may be expelled but materials must
be kept in their current placement
until an official hearing is held.
Case Decision
Franklin vs. Gwinnett (1992) The sexual harassment of a student
may be a violation of Title IX for
which monetary damages can be
sought.
Vernonia School District vs.
Acton (1995)
Special needs can justify
“suspicionless” random searching
of students.
7. Important parts of the United States Constitution.
Amendment I – 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 the redress of grievances.
Amendment IV – The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall be issued, but upon probable
cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
Amendment V – No person shall be held to answer for a capital or
otherwise infamous crime, unless on a presentment of indictment of a
Grand Jury, except in cases arising in the land or naval forces, or in the
Militia, when in time of war or public danger; nor shall any person be
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subject to the same offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor
be deprived of life, liberty or property, without due process of law; nor
shall private property be taken for public use, without just compensation.
Amendment X – 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.
Amendment XIV –
Section 1. All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States and of the states
wherein they reside. No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States; 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.
Section 2. Representatives shall be apportioned among the several states
according to their respective number, counting the whole number of
persons in each state, excluding Indians not taxed. But when the right to
vote at any election for the choice of electors for President and Vice
President of the United States, Representative in Congress, the Executive
and Judicial officers of a State, or the members of the Legislature thereof,
is denied any of the male inhabitants of such state, being 21 years of age,
and citizens of the United States, or in any way abridged, except for
participation in rebellion, or the crime, the basis of representation therein
shall be reduced in the proportion which the number of such male citizens
shall bear to the number of male citizens 21 years of age in such state.
D. DISCUSSION QUESTIONS AND EXERCISES – NONE
E. REVIEW ITEMS – NONE