webb11-13 - Shaub 1 Christie Shaub April 7 2008 Professor...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Shaub 1 Christie Shaub April 7, 2008 Professor Linden Webb Chapter 11-13 Webb Chapter 11 Federal Constitutional Provisions Affecting Education o Education is reserved to the states by the 10 th Amendment o Supremacy clause allows Congress to make Federal Education laws. o General Welfare Clause Federal government has the power to levy taxes Withholding funds gives the government power. Congress can open libraries or hold other educational activities. o Obligation of Contracts Clause No state or Federal Government can enact an ex-post facto law which goes against a previously determined contract. o First Amendment Establishment and free exercise of religion Freedom of speech, press and expression for students and teacher Right to assemble o Fourth Amendment No unlawful searches or seizures, no warrants without probable cause o Fifth Amendment Not a witness against oneself, deprived of life, liberty or property, no private property taken for public use Eminent domain gives right to government to use private land. o Eighth Amendment Protects against cruel or unusual punishment Protects against corporal punishment o Fourteenth Amendment Education is a state function Due process clause State Constitutional Provisions Affecting Education o 45 States provide for the establishment of common schools o 35 Establish specific methods for financial support o 30 prohibit public funds for religious schools o 50 States prohibit religious teaching in public schools o Establishes boundaries under which legislature can operate Statutory Law o Consists of the written enactments of the legislative body o 2 nd highest level of law o Both U.S. and States enact statutes affecting education o Continually reviewed and revised o Federal Statutes Related to provisional or financial assistance programs, research or programs for disadvantaged children
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Shaub 2 o State Statutes Power of states is primary; absolute States can enact or dismiss all school boards or legislative bodies. o Case Law (Common Law) Once a court has laid down a principle of law as applicable to a certain set of facts, it will apply to all future cases. o Administrative Law Formal regulations and decisions of state or federal agencies that are authorized by law to regulate public functions. U.S. Department of Education is the most popularly known Large body of Administrative Law is generated by the State Agency as a result of school rules and regulations regarding certification of teachers, accreditation of schools, adoption of textbooks, courses of study, standards and funding. Powers and Organization of the Courts
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/09/2008 for the course ED 110.B taught by Professor Linden during the Spring '08 term at Arcadia University.

Page1 / 8

webb11-13 - Shaub 1 Christie Shaub April 7 2008 Professor...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online