EDUL 6010: School Law
This course addressed essential legal concepts found in the United States and Georgia constitutions, statutes, regulations, and judicial decisions, with emphasis on mastering essential legal knowledge and on applying the law in educational settings.
Legal Research Exercise – EDUL 6010
Heidi Evans – Submitted June 14, 2009
Using the Internet, legal research services such as Westlaw and LexisNexis (available on UGA Library link), or other sources of law, please find the following and answer any accompanying questions. When possible, locate the primary sources and do not rely on commentary and secondary sources of law:
1.
Constitutional Amendments can be proposed when a two-thirds majority of both Houses determine that it is necessary, or if two thirds of the State Legislatures make an application for the Amendment. In order to ratify an Amendment, three fourths of the State Legislatures must agree, or special conventions in three fourths of the states must ratify it.
2. Federal Statute: Find the Federal Equal Access Act, 20 U.S.C. § 4071: The principal of your school has assigned you to supervise a Neo-Nazi student club. This is contrary to your beliefs, and you strongly object. The principal states that according to 20 U.S.C.§ 4071(d)(4) you must supervise this group regardless of your beliefs. Is the principal correct? Why or why not?
No, the principal is not correct. The student club does have the right to meet, but the statute also clearly specifies that:
“Nothing in this subchapter shall be construed to authorize the United States or any State or political subdivision thereof-- (4) to compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee.”
In short, the beliefs and rights of both the students and the school employee are protected. The principal will need to find a club supervisor whose beliefs do not preclude the duties required by this assignment.
3. Federal Regulation: In writing a memo concerning 34 C.F.R § 104 and eligibility under § 504 of the Rehabilitation Act, you used the term “handicapped.” One of your colleagues objected that this term is no longer used in the statute. Check 34 C.F.R § 104.3(j). Is this objection correct?
No, the memo-writer was accurate. The term “handicapped” is used in the definition, as follows: (j) Handicapped person -- (1) Handicapped persons means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.
4. Federal Case Decision: Find Plyler v. Doe, 457 U.S 202 (1982). According to the Court, what exactly is the question presented in this case? In your own words, what did the Court decide concerning this question?
The question presented by these cases is whether, consistent with the Equal Protection Clause of the Fourteenth Amendment, Texas may deny to undocumented school-age children the free public education that it provides to children who are citizens of the United States or legally admitted aliens.
In other words, are states responsible for providing free public education to children with illegal alien status?
The court decided that it was unconstitutional to deny a free public education to children based on their residency status. Under the Fourteenth Amendment, no person should be deprived of equal protection under the laws. Illegal immigrants (and their children) were clearly defined as “persons” and therefore eligible for the protections afforded by this Amendment.
5. Federal Executive Order: Find Executive Order 12999. What is the subject of this Order?
This Order addresses the importance of educational technology to children’s future opportunities. It arranges for the transfer of surplus federal computer equipment into educational settings, the professional development of teachers (computer training), connecting classrooms to the internet, and the creation of quality software for education.
6. State Constitution: Find your state’s Constitution. What article of your state’s Constitution most directly addresses public education?
Article Eight of the Georgia Constitution addresses Public Education.
7. State Case Decision: Find an online source for case decisions from your state. Find a case related to public education.
Selman vs. Cobb County School District, was a legal case in 2005, involving a sticker placed in newly-adopted biology textbooks. The sticker read: " This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully, and critically considered,” and was approved by the Cobb County Board of Education in March, 2002. The sticker was intended as a way to diffuse the protest of parents who objected to the teaching of evolution in the schools.
The sticker was found by a Federal District Judge Clarence Cooper to violate the US Constitution. However, this was overturned by appeals court, who sent it back to the original district court. It was then settled out of court in favor of the plaintiffs. The school district removed the stickers and paid court costs of the plaintiffs.
8. State Statute: Find information about your state’s statutes addressing “home schooling.”
Information accessed from: http://www.ghea.org/pages/resources/stateLaw.php
Compulsory Attendance Ages: "between 6th and 16th birthdays." Official Code of Georgia Annotated § 20-2-690.1. However, if a child is under 6 and has attended more than 20 days in a public school, he is then subject to the compulsory attendance laws. § 20-2-150(C).
Required Days of Instruction: 180 days. Ga. Code Ann. § 20-2-690(c)(5).
Required Subjects: A basic academic educational program that includes, but is not limited to, reading, language arts, math, social studies, and science. Ga. Code Ann. § 20-2-690(c)(4).
Home School Statutes: Ga. Code Ann. § 20-2-690(c).
- Parents must submit a declaration of intent to home study to the local superintendent thirty days after the establishment of the home study program and by Sept. 1 every year thereafter. This declaration must include the names and ages of students, the location of the home school, and the time the parents designate as their school year. Ga. Code Ann. § 20-2-690(c)(2).
- The home school must provide "a basic academic educational program." Ga. Code Ann. § 20-2-690(c)(4). (see "subjects" above).
- Each school day must consist of four and one-half hours. Ga. Code Ann. § 20-2-690(c)(5).
- Attendance records must be kept and submitted to the superintendent each month. The records will "not be used for any purpose except providing necessary attendance information." Ga. Code Ann. § 20-2-690(c)(6)
- Parent must write an annual progress report and retain it for three years. Ga. Code Ann. § 20-2-690(c)(8).
- "Parents or guardians may teach only their own children in the home study program... but the parents or guardians may employ a tutor who holds at least a high school diploma or GED to teach such children." § 20-2-690(c)(3). No specific amount of hours required for tutor to teach.
- According to the Attorney General of Georgia, the local superintendent does not the have the authority to require parents to affirmatively produce evidence of their continuing compliance with the law in the operation of home study programs or require the production of documents. Although the superintendent has the authority to "request" such materials, he cannot require parents to submit them. 1986 Op. Att'y. Gen. No. U86-19.
- This statute resulted from a home school decision by the Georgia Supreme Court, Roemhild v. Georgia, 251 Ga. 569, 308 S.E.2d 154 (Ga. 1983), which found the former law to be "unconstitutionally vague." Roemhild, 308 S.E. 2d at 159. The court reasoned: "...we conclude that the statute is not sufficiently definite to provide a person of ordinary intelligence, who desires to avoid its penalties, fair notice of what constitutes a "private school..." Roemhild at 158. "Furthermore, the statute violated a second due process value in that it impermissibly delegates to local law enforcement officials, judges, and juries the policy decision of what constitutes a private school." Id.
Teacher Qualifications: The "teaching parent" must have at least a high school diploma or a GED. Or the parents may employ a private tutor who has a high school diploma or GED. Ga. Code Ann. § 20-2-690(c)(3).
Standardized Tests: Children must take a national standardized achievement test every three years beginning at the end of the third grade. "Test scores are not required to be submitted to public school authorities." Ga. Code Ann. § 20-2-690(c)(7). Parent must write an annual progress report and retain it for three years. Ga. Code Ann. § 20-2-690(c)(8).
9. State Regulations: Find your state’s Department of Education web page. Does this web page have a link to the rules and regulations governing education in your state?
Yes, that link can be found here, listed under the “State Board of Education” menu:
10. State Board of Education Decisions: Find information about your State Board of Education. Does your state Board of Education publish state board decisions online?
Yes, these decisions can be found, listed by calendar year at the following URL:
http://www.doe.k12.ga.us/pea_board.aspx?PageReq=PEABoardDecisions&dy=2009
11. Local
Yes. Cobb County School District Policies can be found at this URL: http://www.cobb.k12.ga.us/centraloffice/adminrules/index.htm This site describes the policy on student dress as follows:
| BOARD ADMINISTRATIVE RULE
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| Student Conduct: Student Dress Code | JICA | 1/11/06 |
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All students of the Cobb County School District (District) are encouraged to observe a standard of grooming and dress consistent with the level of formality of the school situation. RULE: A. All students shall be required to maintain the level of personal hygiene necessary to ensure a healthful school environment and to refrain from any mode of dress which proves to contribute to any disruption of school functions. B. Administrators and teachers shall enforce the dress code Rule, and the principal or designee shall be the final judge as to the appropriateness, neatness and cleanliness of the wearing apparel, or whether or not apparel is disruptive, unsafe, or in violation of the dress code. C. All students shall maintain the following minimum standard of dress: 1. Appropriate shoes shall be worn.
buildings during the school day unless there is a special activity during which they are deemed appropriate by the school administration.
a. Displays or advertises substances illegal for minors. b. Displays suggestive phrases, designs, markings, or profanities.
D. Local schools may establish additional requirements for student dress, including school uniforms. These additional requirements must be approved by the Area Assistant Superintendent and reviewed by Policy and Planning. School uniform proposals must also be reviewed by the Board attorney. E. Parents or students who have specific questions about a garment's appropriateness should consult the local school student handbook and/or the local school administration. Adopted: 9/8/82
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