The United States is governed by a system of laws that are designed to establish accountability while allowing the utmost freedoms of expression. The legal system of accountability for school leaders are developed on multiple levels that range from local school boards to the United States Supreme Court. School leadership must understand the complexities of the legal framework in its entirety that governs the public school systems in which they operate. When writing on site policies to operate the school, a strong knowledge of the legal framework is required.
The U.S. Constitution is the highest law in public school jurisdiction. The U.S. constitution has several key amendments that affect the operation of public schools. The first amendment protects the freedom of expression in speech, religion, press, and assembly. The fourth amendment is a protection against the intrusion into the person or property. The eighth amendment protects citizens against cruel and unusual punishment. The tenth amendment assigns power to the states to govern most actions of the public school system. The fourteenth amendment ensures that there will be equal protection under the law and any restrictions of freedom be fairly distributed. School leaders must have a deep knowledge of these amendments when they develop policies within their schools.
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The tenth amendment gives the powers not delegated to the Federal government to the states. Each state then develops a State Constitution designed to establish rights and freedoms. The state Constitutions can delegate authority to the legislative branch, which in turn, can establish statutes that govern the public school systems. The vast majority of public school policy is based off statutory law. When statutes conflict directly with the provisions of the U.S. Constitution, the issue could be seen by the U.S. Supreme Court. Statutory law also delegates power to local districts and school boards to manage the particular schools.
School boards are responsible for the management and operation of the school system and are given the right to establish reasonable policies. School boards vary in size; however, there are usually statutory provisions that define or limit the size of school boards. The number of members is usually odd to ensure a majority vote on issues. Arguably the most important authority of the school board is to select the school’s superintendent who is delegated authority to carry out the board’s mission.
When conflicts arise on the public school system level, the issue is first seen by the school board. If the conflict is of serious legal nature, the case may be seen by the local trial court. If a resolution is not reached or an appeal is filed, the next court is the intermediate level court. Depending on the nature and circumstances, a filing may be made with the highest level court – the U.S. Supreme Court. The highest Court usually deals with issues that are in direct conflict with the freedoms granted in the U.S. Constitution.
Public school systems are governed by a complex network of policy and law. A firm understanding of the relationship between the local, state, and federal entities is required to successfully manage a school system. When writing policies at the local level, it is imperative to consider how the policy will affect the students and school board sentiment. In addition, each policy must fit within the constraints of state statute and the U.S. Constitution.
