Chapter 1

Are You A:

Parent with schoolage children?

Student interested in a good education? Concerned person interested in the community?

If you answer yes to at least one of these questions, this handbook is for you because it describes your rights in the public schools.

How Is Education Related to the U.S. Constitution?

Everyone living in the United States has certain rights guaranteed by the U.S. Constitution. This handbook is written to help you understand your rights relating to public education. As a parent, you have the right to want a good education for your children; as a student, you have a right to want a good education. But having the right to want a good education does not guarantee it. A good education comes only if you have good schools, and good schools are the result of people like you working to have them. Are you willing?

This handbook gives information, ideas, and suggestions on methods you can use to improve the education of students. You can use this book as an individual on your own, or you can use it together with a group of parents or students. Remember, you have a right to expect good schools, and you have a right to get involved to improve them.

In a sense, public education is like a pyramid of laws, policies, regulations, rules, guidelines, and practices built on a foundation we call the Constitution. In other words, at each level of the pyramid, there is a set of "do's and don'ts" that guide the actions of people involved in public education.

At the bottom of the pyramid, the Constitution applies to everyone in providing freedom of speech and religion and other rights. At each level, the "do's and don'ts" can be directly traced to the Constitution. For example, the local school board's policies must not violate your freedom of speech guaranteed by the Constitution.

It is important to understand the education pyramid in order to make the best use of this handbook, so spend some time studying figure 1. At each level, you see the types of people and agencies that are responsible for the "do's and don'ts." Notice that the closer you get to the top of the pyramid, the fewer are the people involved and the more responsibilities and opportunities you have for involvement. For instance, the Constitution affects everybody, but the teacher's classroom rules apply only to the students in the class. Try to put names of people, schools, or agencies at each level of the pyramid. If you don't know many of the names now, try to fill them in after reading other parts of the book or after getting involved in school activities. When you are able to name individuals and agencies at each level and know their responsibilities, you will be in a very good position to improve public education. In chapter 2 you will see how important it is to know who the responsible persons are whenever you try to improve your school.

How Do the Courts Get Involved in Education?

Under the Federal system of government set up by the U.S. Constitution, the courts are responsible for interpreting laws, rules, and regulations whenever there are disagreements or disputes. You can see the many court levels in figure 2. These courts have power and responsibility to:

• review facts in cases brought to their attention;

⚫ interpret the U.S. and State constitutions;

• decide if a constitution or law has been vio-
lated;

• order punishment when there is a violation;
• order action to be taken, when necessary;
and,

• order illegal actions or practices stopped.