Governance of Public Schools Chapter 4 “ The formation and governance of the public schools...

Governance of Public Schools Chapter 4

“The formation and governance of the public schools probably constitute the most important aspect of government used to improve the condition of humankind.”

Education as a State Function

Essential attribute of state sovereignty Power to tax, exercise police power,

provide for the welfare of the citizenry Governed by the democratic legislative

process State constitution is fundamental in

matters of education

Plenary Power

State plenary power means “complete,” “absolute,” and “unqualified,” subject only to defined limits imposed by state and federal constitutions and federal statutes

State powers also subject to judicial satisfaction of terms of art such as efficient, thorough, and effective, in state education clauses

Governance of Public Schools

What are the legal principles that give the state authority to control education?

– Education clause– State’s police power → general welfare →

control education


What was the question under scrutiny in State ex rel. Clarke v. Haworth (Ind. 1890)?

– Does the legislature have authority to regulate common schools?

• “Essentially and intrinsically, the school in which are educated and trained the children who are to become the rulers of the commonwealth are matters of state . . . jurisdiction.”

• A uniform system of schools requires authority to be vested with the state

ex relatione: legal proceedings that are instituted by the attorney general (or other proper person) on behalf of the state, but on the information and at the instigation of an individual who has a private interest in the matter


What does it mean to say that the state’s authority is not distributive?– A central government power residing in the

state– Uniform system of public schools is

exclusively the province of the legislature


What aspects of education come under the direct control of the state?– Power and responsibility to enact laws to

govern all aspects of education including• the methods of education• the nature/number of school districts and

their powers• can create, alter, or do away with school

districts


Distinguish the issues between McGilvra v. Seattle School District No. 1 (Wash. 1921) and Clark v. Jefferson County Board of Education (Ala. 1982).

– A determination of what powers or authority are granted by the legislature to the LEAs

– Medical clinic v. day care center; educational mission


Local Control v. State Control– Usually authority bestowed on state– Plenary power may be curtailed by

constitution, shifting some control to the LEAs• Colorado, Kansas, Virginia, Montana, Georgia,

Florida

Owens v. Colorado Congress of Parents, Teachers, and Students (Colo. 2004)– Locality has control over locally generated

funds– State mandated use of local funds is

unconstitutional

School Boards

School board members are state, not local, officials

School board functions are (a) discretionary and (b) ministerial

Ministerial v. discretionary– Exact definitions of discretionary & ministerial

not completely delineated– Most school board functions are discretionary

• Board decisions must be lawful

Educational Agency Functions:

Legislative

Executive

Judicial

Educational Agency Functions

Quasi-legislative functions that state agencies perform – Promulgate rules and regulations pursuant to

and within the scope of statute = filling in details

– Prevents arbitrariness– Doctrine of delegation flexible– Board sets policy; Chief School Officer

implements


Explain In the Petition to Transfer Territory from High School District No. 6, Lame Deer, Rosebud, County, Montana, to High School District No. 1, Hardin, Big Horn County v. Lame Deer High School District (Mont. 2000).

– Unconstitutional delegation of legislative power to superintendent


Quasi-executive functions that state agencies perform– Translating statute to policy (interpretation)– Advising on and implementing policy– Ministerial and discretionary aspects


Quasi-judicial functions that state agencies perform– Administrative educational tribunals – Quasi-judicial functions sometimes vested in

individuals such as state commissioner of education and state boards of education

– Two standards

(1) fairness

(2) reasonableness as opposed to arbitrariness


May a school board sit in its quasi-judicial capacity in judgment of a case to which it is a party? Name the case and give details.

– Hortonville Joint School District No. 1 v. Hortonville Education Association (1976) • Board members had no personal or financial stake in

the dismissal of the teachers - no personal animosity• Board had statutory duty to negotiate with the

striking teachers• Due process clause not violated


What do the courts consider when they review a challenge to an educational agency’s ministerial actions?– Doctrines of nonfeasance, misfeasance, or

malfeasance– Common law remedy

• Writ of Mandamus• Injunction

To its discretionary powers?– Fairness and reasonableness– Ultra vires


Other circumstances under which the courts may review the actions of an education agency

– A power granted an educational agency not properly applied

– Agency, official, or tribunal influenced by considerations that could not have been lawfully taken into account, or it ignored obviously relevant considerations

– Prescription of law not followed in effecting administrative decisions

– Failure by an agency to fulfill its primary purposes by binding itself through its own regulation


Procedurally, what must one do prior to seeking a remedy in court?– Anyone aggrieved by an action of an educational

agency must seek administrative remedies first

How must the court treat administrative findings?– Administrative findings not disturbed by courts unless

the findings are “arbitrary, or constitute an abuse of discretion, or are without substantial foundation in evidence, or are obviously clearly wrong, or unless an opposite conclusion is clearly evident.”

School Officers In most states a superintendent is considered an

employee In some states, they are elected and are therefore

school officers How school officers differ from school employees

– Have constitutional or statutory powers– Duties performed independently of superior power

unless statute provides for a subordinate office– Permanency or continuity defined– Oath of office– Procedure for removal– Public duty, right to resign, permission to resign

School Officers Limitations on those who serve as school

officials – Conflicts of interest in offices held– Conflicts of interest in business– Nepotism– Removal from office for cause

School Board Meetings What are the minimum rules that boards

must adhere to when conducting the business of the district?– Must be held within geographic boundaries of

the school district– Executive sessions may be used for

discussion but NOT action . . . action must take place in public

– Quorum– Can act only through their minutes– Individual members cannot act on their own

Public Records

What is the primary criteria the court uses in determining whether a record should be deemed a public record?– Extent of the public interest involved

• e.g., personnel records of bus drivers from private firm is of legitimate interest to the public – safe transport of children to schools

Public Records

Judicial test for public access to other kinds of records (4 prongs)

– Whether entity performs a governmental function

– Level of governmental funding supporting entity

– Extent of governmental involvement and regulation

– Whether the agency was created by the government

Governance of Public Schools Chapter 4 “ The formation and governance of the public schools...

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