Assignment One: Practical Applications of School Law Richard Morera.

Assignment One: Practical Applications of School LawRichard Morera

Plessy v Ferguson 1896

Legally sanctioned racial segregation !

Plessy v Ferguson 1896

"We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.”(Plessy v. Ferguson, 163 U.S. 537, 1896)

Brown v Board of Ed. 1954 Landmark court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. The decision overturned Plessy v. Ferguson of 1896, which allowed state-sponsored segregation, as it applied to public education. Handed down on May 17, 1954. (Brown v. Board of Education, 347 U.S. 483, 1954)

Who is responsible for school funding?

• Of an estimated $1.15 trillion spent on education in 2011-12, 88 percent came from State, local and private sources.

• The remainder of funds come from U.S. Dept. of Education U.S Dept. of Human Health Services’ Head

Start program U.S Dept. of Agriculture’s School Lunch

program.

What is the Federal Government’s role in education?

The United Sates Constitution does not authorize Congress to provide for education.Legal control of public education resides with the State

as one of its sovereign powers.

In 1958 the Supreme Court declared the following: “It is, of course, quite true that the responsibility for

public education is primarily the concern of the states, but it is equally true that such responsibilities like all other state activity, must be exercised consistently with federal constitutional requirements.”

(Cooper v. Aaron, 358 U.S. 1, 19. 1958)

What does that mean?

States are bound by the Supreme Court's decisions and have to enforce them even if the states disagree with them.

Cooper v Aaron (1958) separate but equal is not equal

The precedent set forth in Brown v. Board of Education is the supreme law of the land and is therefore binding on all the states, regardless of any state laws contradicting it. 

ScenariosOne Two

You are fairly new to this Country

You are poor Your 8yr boy is suffering

discrimination at school. Because of his heavy

accent, he will not be allowed to participate in the school play.

(same excuse last year!!!)

You are single You are poor You are pregnant Your boss calls you soon

after maternity leave “You should consider

returning to work earlier because I’m not 100% sure that I can hold your position for so long.”

• What can you do?• Who you gonna

call?

Identify and explain in detail the functions of the Office for Civil Rights and the U.S. Equal Opportunity Commission

The Civil Rights Act of 1964 Federal Office for Civil Rights (OCR) U.S. Equal Employment Opportunity

Commission (EEOC) The Civil Rights Act of 1964 is a

landmark piece of civil rights legislation in the United States that outlawed discrimination based on race, color, religion, sex, or national origin.

Office for Civil RightsEnforces several Federal civil rights laws that prohibit discrimination in programs

or activities that receive federal financial assistance

The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation

through vigorous enforcement of civil rights.

Hospitals, health clinics, nursing homes Medicaid and Medicare agencies Welfare programs Day care centers Doctors’ offices and pharmacies Children’s health programs Alcohol and drug treatment centers Adoption agencies Mental health and developmental disabilities agencies Schools

Office for Civil Rights

HIPAA - The Health Insurance Portability and Accountability Act of 1996

FERPA - The Family Educational Rights and Privacy Act of 1974Protects the privacy of student education

records. The law applies to all schools that receive

funds under an applicable program of the U.S. Department of Education.

PPRA- The Protection of Pupil Rights Amendment (1978)

Applies to programs that receive funding from the U.S. Department of Education (ED).

PPRA is intended to protect the rights of parents and students in two ways:

To ensure that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with an ED-funded survey, analysis, or evaluation in which their children

participate.

It seeks to ensure that schools and contractors obtain written parental consent before minor students are required to participate in any ED-funded survey, analysis, or evaluation

Owasso Independent School District v Falvo (2002)

An assignment is not considered an educational record as soon as it is graded by another student.

OCR and education

The civil rights laws enforced by OCR extend to all state education agencies

Elementary and secondary school systems Colleges and universities Vocational schools Proprietary schools State vocational rehabilitation agencies Libraries Museums that receive U.S. Department of

Education funds.

Regulations Enforced by the Office for Civil Rights Implementing Title VI of the Civil Rights Act of 1964, which prohibits

discrimination on the basis of race, color, or national origin in all programs or activities that receive Federal financial assistance.

Implementing the Age Discrimination Act of 1975, which generally prohibits discrimination on the basis of age in all programs or activities that receive Federal financial assistance.

Implementing Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability by public entities. To include non federally funded agencies.

Discrimination on the basis of disability as prohibited by Section 504 of the Rehabilitation Act of 1973

Enforcing sex discrimination laws as prohibited by Title IX of the Education Amendments of 1972

In addition, as of January 8, 2002, OCR enforces the Boy Scouts of America Equal Access Act.

How to file a complaint Anyone who believes that an educational institution that

receives federal financial assistance has been discriminated against may file a complaint.

Timeliness - A complaint must be filed within 180 calendar days of the date of the alleged discrimination.

Online - File a complaint with OCR using OCR’s electronic complaint form at the following website: http://www.ed.gov/about/offices/list/ocr/complaintintro.html.

E-mail - File a complaint, using the following e-mail address: [email protected]

Mail – A complainant letter may be mailed to: Office of Attorney General, OCR

State of Florida The Capitol PL-01Tallahassee, FL 32399-1050

U.S. Equal Employment Opportunity Commission

Created by Title VII of the Civil Rights Act of 1964. It’s mission has been shaped by more than this one single legislation. Many laws, amendments and executive orders have shaped the Commission’s responsibilities and authority.

The law also requires that employers accommodate applicants' and employees' religious practices, unless it would impose an undue hardship on the operation of the employer's business.

The Commission and General Counsel

The U.S. Equal Employment Opportunity Commission (EEOC) is a bipartisan Commission comprised of five presidentially appointed members.

Chair Vice Chair Three Commissioners

The President also appoints a General Counsel.

EEOC’s Vision

Justice and Equality in the workplace.

EEOC’S Mission

Stop and Remedy Unlawful Employment Discrimination.

U.S. Equal Employment Opportunity Commission This office is responsible for enforcing federal laws that

make it illegal to discriminate against a job applicant or employee because of

Race Color Religion Sex (to include pregnancy) National origin Age Disability Genetic information

Laws enforced by the EEOC

Pregnancy Discrimination Act Equal Pay Act of 1963 (EPA) Age Discrimination in Employment Act of

1967 (ADEA) Title 1 of the Americans with Disabilities Act

of 1990 (ADA) Section 501 and 505 of the Rehabilitation

Act of 1973 Genetic Information Nondiscrimination Act

of 2008 (GINA)

Discriminatory employment policies and practices are also extended to Advertisements Referrals Assignments and promotions Pay and benefits Discipline and discharge Employment references

Who is covered?

Employers with at least 15 employees. Labor unions and employment agencies.

Who does it apply to?

The laws apply to all types for work situations, including hiring, firing, promotions, training, wages and benefits.

How to file a complaintFile a charge within 180 days from the day the discrimination took place.  In harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment. The deadline for filing a charge with EEOC or lawsuit in court under the Equal Pay Act is two years from the day you received the last discriminatory paycheck

Phone -1-800-669-4000 Email - [email protected] Online - https://egov.eeoc.gov/eas/ In person - Offices in Washington, D.C.

and through 53 field offices serving every part of the nation.

Other Responsibilities

Both the OCR and U.S.EEOC enforce laws against discrimination but also investigate and settle thousands of complaints each year.

They also work to educate and prevent by providing technical assistance through outreach programs.

Evaluation

1. Do scenarios one and two present valid cases of discrimination?

2. If so, what are the statutes or Acts that are violated?

3. How do you file a complaint for violations that pertain to the OCR and EEOC?

4. What are the timelines for filing complaints that violate the Equal Pay Act?

5. What can administrators do to ensure that their staff is properly educated when it comes to discrimination?

ReferencesBrown v. Board of Education (I). The Oyez Project at IIT Chicago-Kent College of Law.

21 June 2014. <http://www.oyez.org/cases/1950-1959/1952/1952_1/>.

Cooper v Aaron, 358 U.S.619,641 (1958)

EEOC Home Page. (n.d.). Retrieved from http://www.eeoc.gov/

McCarthy, Martha, Cambron-McCabe, Nelda, Eckes, Suzanne, 2014 7th ed. Public School Law, Teacher’s and Students Rights. Pearson Education, Inc. pp 2-12

Office for Civil Rights. (n.d.). Retrieved from http://www2.ed.gov/about/offices/list/ocr/index.html

Owasso Independent School Dist. NO. I—011V. Falvo (00-1073) 534 U.S. 426 (2002)

Plessy v Ferguson 163 U.S.537, 16 S. Ct. 1138, 41 L. Ed. 256, 1896 U.S. 3390.

Statutes & Constitution :View Statutes : Online Sunshine. (2014, May 28). Retrieved from http://www.leg.state.fl.us/Statutes/index.cfm