Due Process
1) give notice to the individual of what they are being accused of and the rules that have been violated 2) allow both individuals to explain their side of the infraction 3) execute a fair hearing
Morse v. Frederick - 2007
School officials can prohibit students from displaying messages that promote illegal drug use
Plessy v. Ferguson
1896 ruling that separate but equal facilities for different races were not unconstitutional.
Brown v. Board of Education
1954 case that overturned Separate but Equal standard of discrimination in education. Separate but equal = UNCONSTITUTIONAL
Tinker v. Des Moines (1969)
Symbolic speech or students have freedom of speech as long as it does not cause a substantial disruption
Bethel School District v. Fraser
School authorities may sensor lewd, vulgar, or indecent expression and can decide what falls in the prohibited categories
New Jersey v. TLO - 1980
students may be searched without a warrant if there is "reasonable ground" for doing so.
Lemon Test
3-part test for Establishment Clause cases a law must pass to be constitutional - 1) government action must have a non-religious purpose 2) have a primary effect that neither advances nor impedes religion 3) avoid excessive government entanglement with re
IDEA 1990
ensures that children with disabilities receive a FAPE and related services designed to meet their unique needs; applies to students age 3-21; IEP reviewed annually; LRE appropriate to needs
Section 504
Temporary affected by an illness, drug abuse, psychological trauma, or special modifications
Education for All Handicapped Children Act of 1975
Established right of all children to free and appropriate education
Free and Appropriate Public Education
the provision of IDEA that guarantees special education and related services to children with disabilities at public cost
Common School Movement
movement to have all children, regardless of background, taught in a common place
Compulsory Attendance Act
1852-1st law requiring students to participate in school, mandatory 8-14 years old
National Defense Education Act (NDEA)
The act that was passed in response to Sputnik; it provided an opportunity and stimulus for college education for many Americans. It allocated funds for upgrading funds in the sciences, foreign language, guidance services, and teaching innovation.
Improving America's Schools Act
supports schools in moving all children toward higher academic standards
A Nation at Risk
a report produced by the National Commission on Excellence in Education that concluded that the U.S. educational system was failing to meet the national need for a competitive workforce (1983)
public school
free schools supported by taxes; subject to all federal and state laws
Every Student Succeeds Act (ESSA)
Obama's act in 2015 that took over No Child Left Behind; states determine accountability standards
private school
a school that is privately owned and doesn't rely on government money to operate
charter schools
Public schools that have been given the autonomy to establish their own curricula and teaching practices.; funded with tax dollars but subject to fewer rules and regulations
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
Civil Rights Act of 1964
banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the votin
Lau v. Nichols (1974)
If a substantial number of non-English speaking students reside in the district, the district must provide for these students with classes in English.
Castaneda v. Pickard
1981 - set the standard for the courts in examining programs for LEP students -- accountability for ESL programs
1. pedgaogically sound plan for LEP students
2. qualified staff to implement plan
3. system established to evaluate the program
** doesn't req
Equal Access Act of 1984
Public schools cannot deny the use of their facilities for any religious, political, or philosophical reasons if the school has created a "limited open forum".
Title IX
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Tort Liability
The legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused
Negligence Tort Liability
Defendant had duty to manufacture a reasonably safe product/was in the business of selling or manufacturing product
That duty was breached
Breach of duty caused plaintiff's injury (product reached plaintiff in same condition)
Foreseeable that defect would
Defamation (Tort Law)
Employers can be liable for defamation when giving false/unfavorable references about a former employee
intentional tort
tort in which the defendant means to commit the injurious act
Procedural Safeguards in IDEA
The opportunity for parents to review their child's full educational records; full parent participation in identification and IEP team meetings; parent involvement in placement decisions; Prior Written Notice; the right of parents to request independent e
Legal remedies to segregation
1) use busing to desegregate schools 2) magnet schools 3) rezoning
ADA
covers virtually all aspects of society including transportation, public accommodations, telecommunications, etc.
Rehabilitation Act of 1973
added people with disabilities to the list of Americans protected from discrimination
multidisciplinary team
members of an IEP team that have both an annual IEP meeting and a triannual review
Role of federal government in schools
provide funding and enforce constitutional rights
Role of state government in Schools
holds primary responsibility of education; can exercise authority over the local school board
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
separate but equal doctrine
the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities
De Jour Segregation
segregation by law
de facto segregation
segregation by unwritten custom or tradition
Swann v. Charlotte-Mecklenburg Board of Education
Approved busing and redrawing district lines as ways of integrating public schools
Lemon v. Kurtzman
used to determine whether government actions violate the Establishment Clause (separation of church and state)
Wallace v. Jaffree
Moments of silent prayer at school are unconstitutional---moments of silence are not.
Good News Club v. Milford Central School
Religious clubs that engage in religious activities can meet after school.
Lee v. Weisman
Public schools may not have clergy lead prayers at graduation ceremonies; prohibits school-sponsored religious activities
Santa Fe Independent School District v. Doe
students may not lead prayers before the start of a football game at a public school
Emerson v. Board of Education
1947-- Under the Establishment Clause, neither the federal government nor a state may "aid one religion, aid all religions, or prefer one religion over another
ESEA (Elementary and Secondary Education Act)
A major piece of federal legislation that provides federal direction to education and federal funds for schools, first passed in 1965.
NCLB (No Child Left Behind)
Legislation championed by George W. Bush which mandated sanctions against schools that failed to meet federal performance standards; part of his campaign pledge to end "low expectations".
ESSA (Every Student Succeeds Act)
- Replaced no child left behind act
- Ensures opportunity for all students
Plyer v. Doe
States can't deny education for illegal immigrants
Lau v. Nichols
equal vs. equitable treatment for LEP students. Supreme Court ruled that schools were to provide LEP students with support to learn English and content
Bethel School District v. Fraser (1986)
Gave public school officials the authority to suspend students for speech considered to be lewd or indecent
Morse v. Frederick
A student at a local high school hung up a banner saying "Bong Hits 4 Jesus" which advertises the use of marijuana. The principal ordered that the banner be taken down and the student be suspended. Result: School officials can prohibit students from promo
4th Amendment
Freedom from unreasonable searches and seizures
Horton v. Goose Creek Independent School District
Before school officials can search a student, they must have a reasonable suspicion. Dogs can sniff the lockers and cars, but not the students. The courts ruled that the dogs could sniff the lockers and cars without violating the students' Fourth Amendmen
Vernonia School District v. Acton
Random drug testing of athletes does not violate the search and seizure clause of the fourth amendment
5th Amendment
right to due process
Dixon v. Alabama State Board of Education
end of doctrine that colleges and universities could act in loco parentis to discipline and expel their students
FERPA (Family Educational Rights and Privacy Act)
A federal law that regulates the management of student records and disclosure of information from those records. The Act has its own administrative enforcement mechanism.
Gonzaga University v. Doe
court ruled that individuals cannot bring damages suits for FERPA violations because the law doesn't create privately enforceable rights
HIPAA (Health Insurance Portability and Accountability Act)
developed to improve efficiency and effectiveness of the health care system
People v Dukes
student, 17, was searched via metal detector and a knife was found, which became admissible in court--minimally intrusive
in loco parentis
Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.
Child Abuse and Treatment Act
provides funding in support of prevention, assessment, investigation, prosecution, and treatment of activities
zero-tolerance policy
No violation is forgiven; the offender is disciplined accordingly. The discipline goes up to and includes termination.
sexual discrimination
denied something on the basis of gender
sexual harassment
comments, gestures, or physical contacts of a sexual nature that are deliberate, repeated, and unwelcome
Liberty Interest
An interest guaranteeing a number of individual freedoms, including the right to personal autonomy, bodily integrity, self- dignity and self-determination.
Pickering v. Board of Education
Teacher First Amendment Rights- Dismissal of a teacher for public statements regarding issues of public importance without showing that the statements are recklessly false violate the 1st amendment.
Connick v. Myers
public employee speaks NOT as a citizen upon matters of PUBLIC CONCERN
Garcetti v. Ceballos
the Supreme Court held that speech by a public official is only protected if it is engaged in as a private citizen, not if it is expressed as part of the official's public duties; 1st Amendment (Right to Freedom of Speech, etc.).
Title VII of the Civil Rights Act of 1964
forbids discrimination based on race, color, sex, religion, disability, pregnancy in the workplace
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
FMLA (Family and Medical Leave Act)
Federal law requiring organizations with 50 or more employees to provide up to 12 weeks of unpaid leave after childbirth or adoption; to care for a seriously ill family member or for an employee's own serious illness; or to take care of urgent needs that
collective bargaining
Process by which a union representing a group of workers negotiates with management for a contract
Section 504 of Rehabilitation Act
prohibits discrimination against individuals with disabilities by federally assisted programs or activities. Eligibility not restricted to school age children, birth to death covered
Paul D. Coverdell Teacher Protection Act
provides protection for teachers who are 1. acting within the scope of their employment/responsibilities and 2. attempting to control, discipline, expel, or suspend a student or maintain order of control in the classroom or school
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion; challenged policies that promote religion created to maintain a separate between church and state
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion; focuses on secular school policies that interfere with religious practices
Search & Seizure of a student
must have sufficient probability (reasonable suspicion)
Student Safety
2nd Amendment protecting a person's right to bear arms does not entitle a person to have firearms on school grounds
Ingraham v. Wright
U.S. Supreme Court decision stating that corporal punishment does not violate the cruel and unusual punishment clause of the Eighth Amendment.
Child Abuse Prevention and Treatment Act
-Defines child abuse and neglect as mental or physical injury, negligent treatment, maltreatment, or sexual abuse of a child less than 18 years of age by a person responsible for the child's welfare under circumstances that indicate that a child's welfare
Procedural Due Process
Ensures fairness if the government threatens an individual's life, liberty, or property interests.
substantive due process
shields the individual against arbitrary governmental actions that impairs life, liberty, or property interests
property interest
the existence of employment policies, and express or implied contracts as defined by state laws
Mt. Healthy District v. Doyle
(the non-tenured teacher that made the call to the radio station)
exercise of freedom of expression is not a permissible reason for dismissal
Equal Employment Opportunity Commission (EEOC)
a federal agency designed to regulate and enforce the provisions of Title VII
Race and National Origin Discrimination
Strict scrutiny used whenever government discriminates based on race or national origin; school district may not advantage or disadvantage an applicant or employee b/c of that individual's race
Fair Use Exception
Material can be reproduced for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research
termination of employment
dismissal of tenured employee must hav a justifiable cause
PL 94-142
Individuals with Disabilities Education Act Amendments of 97 - revised funding formula based on state's population of children and child poverty levels; modified requirements for LR; outcome-based approach