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The Common Law of Schools in Iowa

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The Common Law of Schools in Iowa Iowa State University Capstones, Theses and Retrospective Theses and Dissertations Dissertations 1971 The common al w of schools in Iowa Paul James Skarda Iowa State University Follow this and additional works at: https://lib.dr.iastate.edu/rtd Part of the Educational Administration and Supervision Commons Recommended Citation Skarda, Paul James, "The ommonc law of schools in Iowa " (1971). Retrospective Theses and Dissertations. 4919. https://lib.dr.iastate.edu/rtd/4919 This Dissertation is brought to you for free and open access by the Iowa State University Capstones, Theses and Dissertations at Iowa State University Digital Repository. It has been accepted for inclusion in Retrospective Theses and Dissertations by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. 71-26,893 SKARDA, Paul James, 1917- THE COMMON LAW OF SCHOOLS IN IOWA. Iowa State University, Ph.D., 1971 Education, administration University Microfilms, A XEROKCompany, Ann Arbor, Michigan THIS DISSERTATION HAS BEEN MICROFILMED EXACTLY AS RECEIVED The common law of schools in Iowa by Paul James Skarda A Dissertation Submitted to the Graduate Faculty in Partial Fulfillment of The Requirements for the Degree of DOCTOR OF PHILOSOPHY Major Subject: Educational Administration Approved: Signature was redacted for privacy. In charge of Majjsr Work Signature was redacted for privacy. Signature was redacted for privacy. Iowa State University Of Science and Technology Ames, Iowa 1971 ii TABLE OF CONTENTS Page CHAPTER I: INTRODUCTION 1 Historical Review of Governmental Authority 2 Statement of Problem 6 Need for the Study 6 Delimitations of the Study 7 CHAPTER II: REVIEW OF LITERATURE 8 Tort Liability 8 Students 12 Personnel 16 CHAPTER III; PROCEDURES AND TECHNIQUES USED IN THIS INVESTIGATION 18 Case Briefing 18 Organization of the Study 20 Definition of Terms 21 CHAPTER IV: SCHOOL DISTRICTS 24 Quasi-corporations of State 25 Tuition 27 Property Tax 29 Tort Liability 34 Religion 37 Approval of Schools 38 CHAPTER V: BOARDS OF EDUCATION 40 Authority and Compliance 41 Finance 51 iii Page Fraud 58 CHAPTER VI: BUILDINGS AND GROUNDS 60 Bids 60 Sites 63 Reversion and Sale 66 Roads 69 Construction 72 Site Measurement 73 Easement 74 Board Committee Expenditure 75 Lease-Purchase Agreement 77 CHAPTER VII: TEACHERS 79 Dismissal 80 Contracts 86 Voting Residence 96 CHAPTER VIII: STUDENTS 98 Racial Discrimination 98 Corporal Punishment 101 Special Education 104 Discipline 106 Tuition 109 Diploma 115 CHAPTER IX: TRANSPORTATION 118 Mandated Transportation 119 iv Page National Emergency Measure 121 Recovery of Payments 122 Private School Children 126 Unwarranted Use of Busses 127 Purchase of Vehicle 128 Driver's Contract 129 CHAPTER X: SCHOOL DISTRICT REORGANIZATION 130 District Enlargement 131 County Boards 133 Remnant Districts 137 Contiguous Territory 143 Increased Taxes and Constitutional Rights 145 Jurisdiction of Land 146 Publications 147 Division of Assets and Liabilities 148 CHAPTER XI: ELECTIONS 150 Reorganization 151 Bond Issues 173 CHAPTER XII: ADMINISTRATIVE APPEALS 180 District Reorganization Appeals 180 Transportation Appeals 189 CHAPTER XIII: SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS 192 Need for the Study 192 The Problem 192 V Page Procedures 192 Limitations 193 Stmcnary 193 Conclusions 199 Recommendations 201 BIBLIOGRAPHY 203 ACKNOWLEDGMENTS 214 APPENDIX 215 1 CHAPTER I: INTRODUCTION Common law is a term used to designate English unwritten law as distinguished from English civil law, international law, and the laws of courts of equity. The statutes of England modified common law to a considerable extent. Changes were brought about to favor commercial enterprise, improve the state of society, and void feudal principles. Chapter 29, Section 8, Laws of Iowa, effective July 30, 1840, says, "None of the statutes of Great Britain shall be considered as law in this territory" (1, p. 401). This caused the state to become depend­ ent upon federal and state ruling cases. American ruling case laws are the result of final decisions of the courts—state, federal, or both. The difference between common law and ruling case law is that common law is a result of usage and custom within the jurisdiction of the statutes: American ruling case law is a direct product of court decisions, which in most instances were advanced from the lower to the high court system. The common law of a state, found in the decisions of its highest court of record, forms a body of precedent which gives added signif­ icance to the statute law enacted by the legislature and helps fill in gaps that may exist. A study of the numerous decisions which have been rendered by the Supreme Court of Iowa in the field of school law is therefore useful for a better understanding of school law. The purpose of this study is to present a survey of Iowa Supreme Court decisions which have been rendered throughout the history of the 2 State. It is hoped that specific guidelines can be suggested for more efficient school administration based on an understanding and an aware­ ness of principles as established by the courts. This chapter relates the merit of a historical study of Iowa Supreme Court decisions relative to education. A historical review of governmental authority, a statement of the problem, and a need for the study is described. The remainder of the chapter includes terminology and delimitations. Historical Review of Governmental Authority The school districts of Iowa are territorial divisions of the state and are held to be creatures of statute with only those powers expressly conferred by law or reasonably and necessarily implied as incidental to exercise of an expressly conferred power. They are governed by district directors who are political officers of the state and appointed by statutory provision. Iowa public school districts are quasi-corporations and are governed within the framework of the law which is derived from federal and state influences. These sources of law, at both levels, are the constitutions, statutes, court precedents, administrative policies and regulations, and attorney generals opinions. There was no mention of education in the Constitution of the United States. The tenth amendment of that document left the subject entirely to each of the respective states. Article X reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it 3 to the States, are reserved to the States respectively, or to the people" (2, p. 24). The Federal Government influenced education in the various states even though the Constitution failed to mention it. While the Constitution was being framed, the Congress of the Old Confederation was enacting the Ordinance of 1787, also known as the "Northwest Ordinance." That document shaped the course of public education in the states thereafter admitted to the union. This is clearly explained in the words of Whiting (3, p. 25). In addition to a bill of rights to insure democracy, the North­ west Ordinance went further than the Constitution drawn up in that same year. It affirmed the principle that a democracy cannot function adequately unless supported by educated citizens. Therefore, each township was to have one section of land re­ served for the maintenance of public schools so that 'schools and the means of education shall forever be encouraged.' The Northwest Ordinance laid the foundation for the system of public schools and that is one of the finest aspects of American civilization. The Iowa Constitution deals with the subject of education in Article IX. Such areas as finance, organization, and administration have been carefully included. Both federal and state laws have an immeasurable influence upon edu­ cation. Most of the laws are based upon court decisions which are civil in nature. Another source of school law lies in judicial opinions. Both Federal and State Courts interpret the Constitutions and statutory laws and make application of common law principles. When given circumstances or conditions have not been legislated upon, the rights must be described by the courts on the basis of general principles handed down traditionally over many years. 4 The various state agencies may draft administrative policies and regulations. These agencies must operate within the framework of the state and federal statutes, and administrative rules and policies pro­ mulgated pursuant to law. For the reason that the General Assembly cannot foresee every operational detail, it has granted rule-making power to the State Super­ intendent, Department, or Board of Public Instruction, with respect to various areas of subject matter within the field of school law. Examples of such areas are approval standards, safety standards for school buses, special education, certification of teachers, and area schools. A valid departmental rule has the force and effect of law and is a part of the growing field of regulation known as Administrative law. In 1951 the General Assembly of Iowa enacted uniform requirements for the adoption, approval and publication of administrative rules by state agencies. For purposes of this discussion, the terms "rule," "regu­ lation," and "standard," may be considered as synonymous. The require­ ments for the adoption of rules appear in Chapter 17A of the Code of Iowa. In order for a proposed rule to become effective as a rule, it must first be adopted by the State Board of Public Instruction and signed by the President of the Board and the State Superintendent. The signed rules, in the form of two originals and two first carbons, typed on special rule paper, are then submitted to the Attorney General for approval as to form and legality. At the same time duplicated copies, made by any legible process, are mailed to the six members of the Depart­ mental Rules Review Committee and to the Code Editor. These copies must 5 be in the hands of the committee members at least ten days before the committee meeting at which they will be considered.
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