School law

“ Each child must be compelled to attend the public school, or a private school which fully meets the requirements of the public school, until he has completed the elementary-school education. Such school attendance should be rigidly enforced throughout the country, which would be possible if the local school authorities, in the enforcement of the law, were made more independent of the will of the parents in their districts. ”

“ In 1881, in France, instruction in the public primary schools was made absolutely free. England has witnessed a very great change in the legal establishment of means of instruction in the rudiments of knowledge for the whole people. The Education Act of 1876 required that every child between the ages of five and fourteen should receive such teaching. In England, and in some other countries, the employment of children who have not had a certain amount of school instruction was prohibited by law. ”

“ The law is very explicit in stating the powers and duties of all individuals connected with our school affairs, and is equally explicit in regard to the treatment of any one who seems regardless of the welfare of our schools. ”

“ Its aim is to “confirm and complete the home education of children under school age, so that through regulated exercise of body and mind they may be prepared for institution in the primary school.” No regular teaching in ordinary school subjects is allowed; games, singing and handwork, and training of speech and observation by objects, tales and gardening are the means adopted. The training for teachers in these schools is regulated by law. No children are to be received in a kindergarten til! ”

“ Article 18 Schools shall employ full-time or part-time teachers to engage in the rule of law education, and may employ vice principals and out-of-school legal counsellors in charge of the rule of law education from judicial and law enforcement organs, legal education and legal service institutions, and other entities. ”

“ The No Child Left Behind Act of 2001, which I signed into law in January 2002, requires that, by the end of the 2005- 06 school year, there must be a "highly qualified" teacher in every classroom. Through this new law, States and school districts will have multiple tools to help them meet the new teacher quality requirements. ”

“ Applying the Establishment Clause principles to the cases at bar we find that the States are requiring the selection and reading at the opening of the school day of verses from the Holy Bible and the recitation of the Lord's Prayer by the students in unison. These exercises are prescribed as part of the curricular activities of students who are required by law to attend school. They are held in the school buildings under the supervision and with the participation of teachers employed in those schools. ”

“ The law school, the proving ground for legal learning and practice, cannot be effective in isolation from the individuals and institutions with which the law interacts. Few students and no one who has practiced law would choose to study in an academic vacuum, removed from the interplay of ideas and the exchange of views with which the law is concerned. ”

“ Though there is much interest in all these higher institutions of learning, as well as in the normal schools and academies, many of which are prosperous and important, yet the common schools more particularly engage the attention of the people and of the successive legislatures, resulting in a complication of school laws scarcely balanced by the improvement in the school system. ”

“ But in point of substantial merit the law school belongs in the modern university no more than a school of fencing or dancing. ”

“ And I repeat that if the time has come when pupils of state-supported schools, kindergartens, grammar schools, or high schools, can defy and flout orders of school officials to keep their minds on their own schoolwork, it is the beginning of a new revolutionary era of permissiveness in this country fostered by the judiciary. ”

“ The inherent complexity surrounding the nature and scope of educational policy affecting expressional activity demonstrates that the educational legitimacy of a school policy governing such activity should, if possible, first be considered and determined by the administrative agency charged with regulating public education. ”

“ To apply such a test is for the Court to assume, however unwittingly, a legislative responsibility that does not belong to it. To talk about 'clear and present danger' as the touchstone of allowable educational policy by the states whenever school curricula may impinge upon the boundaries of individual conscience, is to take a felicitous phrase out of the context of the particular situation where it arose and for which it was adapted. ”

“ Convinced that numerous and important advantages would be derived from engaging their pupils in the consideration and in the practice of rules for their own government, from placing restrictions to the powers of the teachers, and from giving to the regulations of the school a permanent form, the proprietors, early in the year 1817, proposed to the school a certain division of powers, together with regulations for their exercise, which, having received the joint assent of teachers and pupils, became the constitutional laws of the school ”

“ As with any equity case, the nature of the violation determines the scope of the remedy. In default by the school authorities of their obligation to proffer acceptable remedies, a district court has broad power to fashion a remedy that will assure a unitary school system. ”

“ We agree with the district court that those responsible for directing a school's educational program must be allowed to decide how its limited resources can be best used to achieve the goals of educating and socializing its students. ”

“ In practical terms, the school has an advantage when a dispute arises under the Act: the school has better access to the relevant information, greater control over the potentially more persuasive witnesses (those who have been directly involved with the child's education) , and greater overall educational expertise than the parents. ”

“ No question is raised concerning the power of the State reasonably to regulate all schools, to inspect, supervise and examine them, their teachers and pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is manifestly inimical to the public welfare. ”

“ The foregoing statement is enough to show that the School Act and the measures adopted thereunder go far beyond mere regulation of privately supported schools, where children obtain instruction deemed valuable by their parents and which is not obviously in conflict with any public interest. ”

“ The constitution requires the general assembly to maintain a system of free schools, and enforce the attendance of every child between 5 and 18 years of age for a term equivalent to three years, unless educated by other means. A free school must be kept in each school district for not less than three months during the year. The legislature is also required to establish and maintain a state university, with departments for instruction in teaching, agriculture, and natural sciences, as soon as the public school fund will permit. ”

“ Instead, there is a commonality of interests between teachers and their pupils. The attitude of the typical teacher is one of personal responsibility for the student's welfare as well as for his education.
The primary duty of school officials and teachers, as the Court states, is the education and training of young people. A State has a compelling interest in assuring that the schools meet this responsibility. Without first establishing discipline and maintaining order, teachers cannot begin to educate their students. ”

“ With a plentiful supply of schools, and an efficient staff of teachers, there will still be many children who will seldom, or never, enter a school door. A universal system of compulsion has not yet been enacted by Parliament, still the principle is embodied in the recent Education Act. You know that the power of compulsion is vested in the School Boards, but only as a permissive privilege. There is no doubt that the Boards of our large towns will avail themselves of it, but that every School Board will enforce the attendance of the children is by no means probable. ”

“ The scheme for protecting the school system from being made the instrument of purposes other than a school system should serve in a free society certainly a concern within the constitutional powers of a State bristles with ambiguities which must enter into any constitutional decision we may make. ”

“ School authorities have the primary responsibility for elucidating, assessing, and solving these problems; courts will have to consider whether the action of school authorities constitutes good faith implementation of the governing constitutional principles. ”

“ Each State plan shall demonstrate that the State has developed and is implementing a single, statewide accountability system to ensure that all public school students graduate from high school prepared for postsecondary education or the workforce without the need for remediation. ”

“ When we pass from the domain of public education to that of private schools a change becomes perceptible. In the public schools there is well-defined gradation into primary, grammar and high schools, the high school generally including four years of well-adjusted work. In the private school there is no responsibility to the state, and each school fixes its own standards. ”

“ Referring to the Garner Case above, Justice Minton, for the Court, said: "We adhere to that case. A teacher works in a sensitive area in the schoolroom. There he shapes the attitude of young minds towards the society in which they live. In this, the state has a vital concern. It must preserve the integrity of the schools. That the school authorities have the right and the duty to screen the officials, teachers, and employees as to their fitness to maintain the integrity of the schools as a part of ordered society, cannot be doubted. ”

“ Schemes, enabling promising pupils from public elementary schools to proceed to the next stage of instruction, are backed by the regulations of the Board of Education, making it a condition of increased grants offered to secondary schools that a proportion of free places, ordinarily one - quarter, should be reserved in each school for pupils from elementary schools. ”

“ The Court of Appeals may in its discretion direct the schools here involved to accept all or any part of the August 11, 1969, recommendations of the Department of Health, Education, and Welfare, with any modifications which that court deems proper insofar as those recommendations insure a totally unitary school system for all eligible pupils without regard to race or color. ”

“ Education becomes the essential prerequisite that allows our citizens to be able to appreciate, claim and effectively realize their established rights. The opening phrase to our constitutional mandate for a public school system underscores the truth of the principle. ”

“ The plurality opinion today rejects a basic concept of public school education in our country: that the States and locally elected school boards should have the responsibility for determining the educational policy of the public schools. After today's decision, any junior high school student, by instituting a suit against a school board or teacher, may invite a judge to overrule an educational decision by the official body designated by the people to operate the schools. ”

“ It would be primarily his duty to see that the laws relating to schools were carried out, that statistics as to existing conditions were collected and printed, and that communities were properly advised as to their duties and the legislature as to the needs of the State. We find now the creation of a series of school officers to represent the State, the enactment of new laws extending control, and a struggle to integrate, subordinate, and reduce to some semblance of a state school system the hundreds of little community school systems which had grown up. ”

“ Judge Parker went on in his own opinion to review decisions of the Supreme Court sustaining the separate-but-equal doctrine, and to distinguish between education at the graduate-school level and education at the elementary-school level. In dealing with the grammar schools, under systems of compulsory attendance, local lawmakers have problems of educational policy that must take into account not only questions of instruction “but also of the wishes of the parent as to the upbringing of the child and his associates in the formative period of childhood and adolescence.” ”

“ Nothing would more effectively further the development of education than for all flogging pedagogues to meet this fate. They would then learn to educate with the head instead of with the hand. And as to public educators, the teachers, their position could be no better raised than by legally forbidding a blow to be administered in any school under penalty of final loss of position. ”

“ Persons keeping private primary schools are free with regard to their methods, programmes and books employed, except that they may not use books expressly prohibited by the superior council of public instruction. Before opening a private school the person proposing to do so must give notice to the mayor, prefect and academy inspector, and forward his diplomas and other particulars to the latter official. ”