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Discovering the Relationship Between the Law and My School

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Discovering the Relationship Between the Law and My School

Grand Canyon University EDA-555

August 8, 2012

Sitting down to chat with any lawyer proves to be a difficult task unless of course you are paying them. This was the case when attempting to complete this assignment as well, as our school lawyer represents several schools in the area and he was busy working with another school. Instead the questions were asked of our school principal, and our school superintendent over lunch during an in-service day. The answers given were very open and direct, and valuable insight was gained from the view of the writer. The Sidney Community School District is located in Fremont County in Southwestern Iowa. The federal district court for the community of Sidney is located in Council Bluffs, Iowa. The federal circuit court of appeals for the Sidney School system is in Des Moines, Iowa. It was drilled into every 9th grade civics students’ brain that federal law trumps state laws in times of conflict. The founders of this great nation created a set of uniform laws that help hold the country together as one nation. When federal law supersedes state law it is known as preemption. In most cases heard judges have always applied preemption in times of conflict in laws created by the state against laws created by the nation. The administrative team echoed the lessons taught in civics class, federal almost always trumps state law. In the last twenty years society has become much more litigious. It seems as if everyone has a lawyer on speed dial, and in every decision made by the administrative team, the leadership teams, the teachers, the paraprofessionals, in fact the entire school staff the guiding question is always and should always be, “When I am called before a judge, will I be on the winning side if I make this decision?” Discipline issues, special education

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