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Over Ruled: The Burden of Law on America's Public Schools November 29, 2004 
Press Coverage
Over Ruled is a Common Good study that identifies all the laws and regulations governing a typical public high school in New York City. Take a look at Over Ruled and learn how the burden of law impacts public schools across the nation.
Even relatively routine decisions can take months to complete. For example, suspending a disruptive student involves 65 steps and legal considerations which can take 70 days to complete. The "How Do I?" flowcharts illustrate how intimidating and time-consuming this and other procedures can be.
"The burden of law has become staggering," said Common Good chair Philip K. Howard. "If teachers and principals are forced to spend their time working through these arduous procedures, how will they have the energy, enthusiasm, and time to educate?"
The American Association of School Administrators and the National School Boards Association have both commended Common Good's Over Ruled project for raising this important national issue. "The demands of excessive paperwork are taking precious time, money, and attention away from education nationwide," said Dr. Paul Houston, Executive Director of the American Association of School Administrators. "Ultimately, it's the achievement potential of our students that suffers."
In all, the study found that more than 60 separate sources of laws and regulations, with thousands and thousands of discrete obligations, apply to the typical public high school in New York City. They include, among other things, the following:
- The New York State Education Law, which is 846 pages long;
- 720 pages of regulations issued by the New York State Commissioner of Education;
- 15,062 decisions--contained in 43 volumes--made by the New York State Commissioner of Education in response to appeals of decisions made by education professionals;
- The New York City teachers' contract, which is 204 pages long, with an additional 105-page memorandum of understanding;
- The No Child Left Behind Act, which is 690 pages long;
- More than 200 pages of regulations (not including case law) controlling the discipline of students.
In addition to the procedures for suspending a disruptive student, Common Good examined the procedures required for administrators to make other necessary decisions, including the following:
- Firing an inept teacher (involving up to 83 steps and legal considerations which can take over a year to complete, including up to 32 steps and considerations just to put a note in the teacher's file);
- Filling a teacher vacancy (up to 38 steps and legal considerations which can take months and months to complete);
- Replacing a heating system (up to 99 steps and legal considerations which can take months to complete);
- Conducting an athletic event (up to 99 steps and legal considerations governing everything from who can coach to the size of ear flaps to automated external defibrillators);
- Suspending a special education student for up to 45 days (up to 35 steps and legal considerations which can take months to complete, in addition to the 66 steps and legal considerations for a regular suspension).
Our Over Ruled page presents diagrammed flow charts for each of these procedures.
"The examples cited in this study reflect the compliance tangle that school districts and school boards face across the country," said Julie Underwood, JD, PhD, General Counsel and Associate Executive Director of the National School Boards Association. "They are not the entire laundry list of excessive regulation and litigation, but just examples of the many areas in which litigious groups from across the political spectrum choose to make the nation's schools their favorite battleground. We commend Common Good for calling attention to the burden of excessive law and regulation on our public schools."
"We need to lift this legal burden off America's schools," said Howard. "Educating our children--not compliance--should be the top priority for teachers. We should let the administrators and teachers use their judgment and then hold them accountable for their performance."
Press Coverage
Featured:
An Urgent Call for Reform, Staff Editorial, New York Daily News, May 11, 2005
The Burden of Law, Diane Ravitch, Miami Herald, March 1, 2005
You Can't Buy Your Way Out of a Bureaucracy, Op-ed by Common Good chair Philip K. Howard, The New York Times, December 3, 2004
New York City School Principals Are Paralyzed by Laws, Rules, and Regulations, Julia Levy, The New York Sun, November 30, 2004
Other Coverage:
Web Site Tracks Legal Hurdles, Joetta L. Sack, Education Week, January 5, 2004
Legal Requirements Overwhelm Public Schools, School Board News, December 14, 2004
Unfixing Our Schools, Jack Moseley, Arkansas News Bureau, December 10, 2004
Fixing Schools, Wholesale, Letters to the Editor, The New York Times, December 6, 2004
83 Steps to Fire a N.Y. Teacher, Michelle Garcia, The Washington Post, December 5, 2004
Down the Rathole, Richard Schwartz, New York Daily News, December 2, 2004
Over Ruled, New York Sun Staff Editorial, The New York Sun, December 1, 2004
It's a Red-Tape Jungle for Schools, Joe Williams, New York Daily News, November 30, 2004
Regs Stifle Schools, Study Says, David Andreatta, New York Post, November 30, 2004
Common Good Press Release:
New Study Reveals How the Burden of Law is Paralyzing America's Schools, Common Good Press Release, November 29, 2004
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