EDU 532 Legal Issues in Education
May 28, 2006
Relationship Between Law And School
Anyone who is involved in the field of education knows that it is constantly changing. New methods of instruction, assessment, and classroom management are being implemented on a daily basis. In addition to these changes educators must also pay attention to changes in school law. The world of school law can be complex and complicated and it is important that those individuals involved with the educational process understand their responsibilities and limitations under the law.
To help solve or interpret problems that arise from disputes that involve the law our judicial system has established a number of different courts. There are three levels of federal courts including; district courts, circuit courts of appeal, and the Supreme Court. In the book Legal Rights of Teachers and Students the authors state:
Although most constitutional provisions and statutory enactments never become the subject of litigation, some provisions require judicial clarification. Since federal and state constitutions set for broad policy statements rather than specific guides to action, courts serve an important function in interpreting such mandates and in determining the legality of various policies and practices. (McCarthy, Cambron, & Thomas, 2004, p. 17)
It is through the functioning of these different courts that cases involving the educational system have been decided and precedence set. In the state of Oregon there are three Federal District Courts located in Portland, Eugene, and Medford with the main office located in Portland. Any case that reaches the Federal District Court level in Roseburg takes place in Eugene. There are thirteen different Federal Circuit Courts of Appeal. In their book McCarthy, Cambron, & Thomas state:
On the federal appeals level,
References: McCarthy, M. M., Cambron-McCabe, N. H., & Thomas, S. B. (2004). Legal rights of teachers and students. Boston: Allyn & Bacon