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Assignment One: Practical Applications of School Law Richard Morera

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  1. Assignment One: Practical Applications of School LawRichard Morera

  2. Plessy v Ferguson 1896 Legally sanctioned racial segregation !

  3. 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)

  4. 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 overturnedPlessy v. Fergusonof 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)

  5. 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.

  6. 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)

  7. 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.

  8. 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. 

  9. Scenarios • 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.” One Two

  10. What can you do? • Who you gonna call?

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

  12. The Civil Rights Act of 1964 • Federal Office for Civil Rights (OCR) • U.S. Equal Employment Opportunity Commission (EEOC) • The Civil Rights Act of 1964is a landmark piece of civil rights legislation in the United States that outlawed discrimination based on race, color, religion, sex, or national origin.

  13. Office for Civil Rights Enforces 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

  14. Office for Civil Rights • HIPAA - The Health Insurance Portability and Accountability Act of 1996 • FERPA - The Family Educational Rights and Privacy Act of 1974 • Protects 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.

  15. 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

  16. Owasso Independent School District v Falvo (2002) An assignment is not considered an educational record as soon as it is graded by another student.

  17. 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.

  18. 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.

  19. 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: ocr@ed.gov • Mail – A complainant letter may be mailed to: • Office of Attorney General, OCRState of Florida The Capitol PL-01Tallahassee, FL 32399-1050

  20. 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.

  21. 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.

  22. EEOC’s Vision Justice and Equality in the workplace. EEOC’S Mission Stop and Remedy Unlawful Employment Discrimination.

  23. 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

  24. 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)

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

  26. 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.

  27. 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 lastincident 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 - info@eeoc.gov • Online - https://egov.eeoc.gov/eas/ • In person - Offices in Washington, D.C. and through 53 field offices serving every part of the nation.

  28. 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.

  29. Evaluation • Do scenarios one and two present valid cases of discrimination? • If so, what are the statutes or Acts that are violated? • How do you file a complaint for violations that pertain to the OCR and EEOC? • What are the timelines for filing complaints that violate the Equal Pay Act? • What can administrators do to ensure that their staff is properly educated when it comes to discrimination?

  30. References Brown 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