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Respond to this. 250 words. Apa. 2 citations Week #1 discussion will be based on the difference between federal and state law is that federal law and how it should be applied to everyone in the U

Respond to this. 250 words. Apa. 2 citations 

Week #1 discussion will be based on the difference between federal and state law is that federal law and how it should be applied to everyone in the USA.  As commonly known, the state laws are controlled by the states, which has its system of courts to exercise each legal matter that appears to them.  However, McCarthy, Cambron-McCabe & Thomas (2009) states that "it is a widely held perception that local school boards control public education, but local boards have only those powers conferred by the state." If the United States constitution is adequately read and reviewed, it can not be found any legal authority for Congress to control education, that is why it is left under each of the states to proceed and produce adequate laws, rules, and regulations.  However, the federal government has an overview of the laws, rules, and regulations by Congress and the Federal Government Education Department.  

The local school board structure is an entity that executes education state laws by implementing rules and regulations.  Even at the school level, rules and regulations are established by using the guidelines presented and approved at the district school board level.  The local school board is provided with an authority level, the Education Department at state-level grants them a "conferred power" to implement necessary actions and standards to operate.  Also, Higher Education, like the K-12 system, has a local board that enforces rules and regulations based on the educational laws established under the state jurisdiction.  Meaning that even is they have a system, but they are out of state colleges or universities, they have to follow the state laws and regulations for their operation. 

Alexander & Alexander (2012) indicates, as commonly known, that "some state constitutions have very general provisions for education, requiring that a system of education be established and maintained.  Whereas others are more specific, including adjectives such as free, thorough and efficient, uniform, suitable, or adequate.  Such terms or words are "terms of art" that, when the courts interpreted them, this can demarcate the basis to which the legislature must conform in establishing a public school system.  Meaning that they can be confusing if they are not straight forward with the meaning of the terms or concepts within the law.  Alexander & Alexander (2012), also present that there exist certain underlying principles that are generally common to all. These may be summarized as follows:

  1. The legislature is required to bear the responsibility for the enactment of laws to govern the public or common schools.
  2. The public schools, by and large, are considered to be a cohesive unit: one organization or organic whole whose particular organizational pattern and subparts are within the prerogative of the legislature.
  3. The schools, as public entities, are to be of the body politic of the state, controlled by the public and governed by the people.
  4. The nature of the public school is that it be free and common to all, with no charges to limit access.
  5. The concept of traditional public schools as a state governmental enterprise requires that tax resources be allocated throughout the state. They were ensuring that the quality of a child's education will not be dependent on private or personal influence or wealth nor the financial capabilities of the locality or political subdivision of the state.
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