Organization and Legal Framework of Public

EducationAdmin 607-1

MCLALeading Schools in context

Barbara Malkas

Organization and Legal Framework of Public Education

What is the difference between a

law, policy, and a regulation.

Public School Organization

• Federal Constitution provisions• State statutory provisions• Policies and Practices

Federal Department of Education

• Non-legislative agency• Advisory to legislative bodies• Regulatory authority• Provision of funds

State Control of Education

• 10th Amendment to the US Constitution• Supreme Court Decisions• State Constitutions• State legislation/school governance• State Attorney General and judicial

decisions

State Board of Education

• Directives for Public School operations• Responsible for recruiting, selecting,

and supervising the work of the Chief School Officer (Commissioner)

• Oversees the work of the state Department of Education

Local GovernanceLocal School Governance

School CouncilsSchool Improvement Plans

TeachersParaprofessionals

Staff Workers

PrincipalsMid-level Management

School Improvement Plans

SuperintendentDistrict Improvement plans

Chief Executive Officer

Local School BoardSchool Committee in MA

Set PolicyApprove funding

Local Governance

District Organization

Principals Curriculum Directors Staff Supervisors

Cabinet

Superintendent

Legal Framework

Federal Department of Education

Federal LegislationCongress

US ConsitutionClauses

Amendments

Judicial System

• Common law/case law• Stare decisis• If school related controversy can be

settled by another agency or if the controversy is complex (e.g. teacher accountability for student performance) then the court will not intervene

Judicial Courts

• State Courts– Lower Courts– State Supreme Court

or Supreme Judicial Court or Superior Court

• Federal Courts– District Courts– Circuit Courts of

Appeal– Supreme Court

Case Study Analysis

• Court Decisions• Reference Federal and State Laws• Decision• Impact of the decision