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Legal Influences On The State Board Of Education

1230 words - 5 pages

Describe the powers and authority of the state board of education and local school boards and what responsibilities they have for the administration and operation of schools.
The state board of education governs the way that education is directed within the state. They create policies covering a variety of legal issues such as health and safety, minimum requirements for teacher licensure, graduation requirements, rights of students with disabilities, and student disciplinary practices. The state school boards has six legal powers including, certification standards for teachers and administrators, high school graduation requirements, state testing programs, accreditation standards for school districts, and teacher and administrator preparation programs, approve the budget of the state education agency, and develop rules and regulations for the administration of state programs.
Local school boards must know and completely understand the basis of legal responsibilities and restrictions. These responsibilities and restriction include overseeing the operation of local public schools. The school board is held accountable for creation of policies, rules and regulations that provides guidance for the administration and operation of schools. The school board is perceived as a corporate body, which means an individual member of the board do not have more power than the overall power that is given to the board by the legislature. Therefore, individual school board members do not have the freedom to formulate policy, or act self-sufficiently of the school board as a whole. School board members are known to be public school officers, and are given powers by the legislature that help them fulfill their responsibilities.

Describe organizations and functions of the various judicial bodies and how they have an impact on education.
Judicial bodies have various controls and functions over education with respect to funding, school policies and procedures, and various legal and civil students’ rights. Therefore, it is important that administrators understand and know these bodies’ duties. Federal and state judicial bodies normally have three levels of courts; trial /federal district courts are where cases begin, and where the facts of cases are determined, and the law is then applied to those facts, and leads to a result. However, the decisions of these courts’ are only bound to that districts/trial court’s jurisdictions, and claimants have the right to appeal their case to a higher court. Next, are the state or federal appellate courts, which hears appeals from trial courts or state agencies; their primary role is reviewing proceedings from trial courts to determine substantive or procedural errors that may have occurred in applying the law. Overall, they ensure that the law was correctly developed and applied to the facts; also their cases have the ability to be appealed to a higher court. Finally, is the state or US Supreme Court, which hears mandatory cases...

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