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 control. If this happen a person constitutional right that requires a person to a notice of a legal action and the right to appear and defend before a decision maker will no longer be enforced (Gwen Halum, personal communication, January 10, 2010).
The differences between a private school and a public school legal framework is that the state have the power to regulate private schools but the power is limited because most private schools are religious institutions. The private school can not receive public funding, so therefore, they participate in publicly funded voucher programs. The public schools are completed controlled by the state and federal government. Unfortunately, they both must comply with the Equal Employment and Opportunity Commission Act which contain the law for the Racial Discrimination Act and Gender Discrimination Act. Under these acts the commission will hear any complaints connected to unlawful discrimination. They both must comply with the Disability Discrimination Act-no one has the right to discriminate another on the basis of discrimination. Private schools receive federal civil statutes such as Title VII of the 1964 Civil Rights Act and the...