Educational Laws and Funding basic information

1. Educational Laws
and Funding
LBST 3300
Fall 2016

2. Educational Laws
• The U.S. Constitution is the highest level of law in our country.
• The U.S. Constitution does not address education.
• According to the Tenth Amendment, “The powers not
delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people.”
• Therefore, education is a function of the state.
• However, the federal government exerts considerable
influence in educational issues.
(Townley, et al. “School Law: A California Perspective”, 2001)

3. Educational Laws
• State constitutions include provisions for education.
• California’s constitution established the following:
– State Superintendent of Public Instruction
– State Board of Education
– County Superintendents of Schools
– County Boards of Education
(Townley, et al. “School Law: A California Perspective”, 2001)

4. Educational Laws
• Federal Statutes
U.S. Congress enacts, amends, and repeals laws. This is the second
highest level of law, following the constitution.
• State Statutes
State legislatures continually review and revise, supplement, repeal, and
replace statutes.
• Education Code
A collection of rules and regulations for the organization and
administration of California’s public schools.
(Townley, et al. “School Law: A California Perspective”, 2001)

5. Federal Judicial System
• Federal district courts review issues including civil
rights, free speech, due process, and equal
protection.
• Federal courts of appeal review cases on appeal from
district courts.
• The U.S. Supreme Court is the final court of appeal
on federal law questions.
(Townley, et al. “School Law: A California Perspective”, 2001)

6. State Judicial System
• Trial Courts (Superior Court)
• Courts of Appeal (including California Supreme
Court)
• Most actions involving school districts begin in a
county superior court; if the decision is appealed, it
goes to a court of appeals; a further appeal would
then go to the California Supreme Court.
(Townley, et al. “School Law: A California Perspective”, 2001)

7. Case Law
• Different from statutes, regulations, and other
sources of law
• Resolution of a conflict decided in a court case
• Decisions from a court case are then used for future
cases with substantially the same facts.
(Townley, et al. “School Law: A California Perspective”, 2001)

8. Administrative Law
• Formal regulations and decisions of state and federal
agencies
• Subject to judicial review
• Stand as a law unless found to conflict with federal
or state constitutional provisions, statutes, or
applicable case law
(Townley, et al. “School Law: A California Perspective”, 2001)

9. School Governance
The most influential bodies on governance of a school district
are listed below in descending order:
• California State Board of Education
• State Superintendent of Public Education
• County Boards of Education
• County Superintendents of Schools
• Local Boards of Education
• School District Superintendents
• Principals
(Townley, et al. “School Law: A California Perspective”, 2001)

10. Funding
• Public education is financed by a combination of
state funds, local school district taxes, federal funds,
and private grants.
• Since education is a function of state government,
local school districts have limited power over their
budgets.
(Townley, et al, “School Finance: A California Perspective”, 2005)

11. Funding
• The state provides nearly 4/5 of the total
monies for K-12 education.
• In California, the federal government provides
nearly 13% of the funds for K-12 education;
the remainder comes from state and local
sources (EdSource, 2003b).
(Townley, et al. “School Finance: A California Perspective”, 2005)

12. Federal Funding
• National Defense Education Act of 1958 – provided federal
support for education at all levels, from kindergarten to
higher education
• Examples of federally funded programs:
National School Lunch Program
Head Start
No Child Left Behind
(Townley, et al. “School Finance: A California Perspective”, 2005)

13. State Funding
Includes revenues from the following:
• Property taxes
• California State Lottery
• General obligation bonds
• Income tax
• Sales tax
• Gasoline tax
• Alcoholic beverage tax
• Highway use tax
• Motor vehicle tax
• Insurance and estate taxes
• Tobacco tax
(Townley, et al. “School Finance: A California Perspective”, 2005)

14. Local Funding
Includes revenues from the following:
• Interest income
• Sale and lease of property
• Cafeteria fees
• Library fines
• Developer fees
• Certificates of Participation
• Local general obligation bonds
• Mello-Roos Community Facilities District
• Local sales tax
• Parcel tax
• Donations from corporations and foundations
(Townley, et al. “School Finance: A California Perspective”, 2005)