School law: WGU D017 Latest Update with Verified Solutions

School law: WGU D017 Latest Update with Verified Solutions Due Process No evidence may be admitted when it is obtained through illegal methods Morse v. Frederick - 2007 School officials can prohibit students from displaying messages that promote illegal drug use Chandler Particularized suspicion is required before government can intrude on an Individuals right of privacy 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. Brown II, 1995 Outcome was to mandate to desegregate schools with all deliberate speed Tinker v. Des Moines (1969) Symbolic speech or students have freedom of speech as long as it is not a disruption Bethel School District v. Fraser Schools may punish students for using vulgar language during a school assembly. Hazelwood School District v. Kuhlmeier 1988 SuCo: Censorship of school newspapers is constitutional. New Jersey v. TLO - 1980 students may be searched without a warrant if there is "reasonable ground" for doing so. Lemon v. Kurtzman - 1971 Three tests are described for deciding whether the government is improperly involved with religion Lemon Test 3-part test for Establishment Clause cases a law must pass to be constitutional. (Lemon v Kurtzman IDEA 1990 normalization principle 1. FAPE 2. Notification and procedural rights for parents 3. Identification and services to all children 4. Necessary related services 5. Individualized assessments 6. IEP's 7. LRE Vocational Rehabilitation Act of 1973 The act requiring certain federal contractors to take affirmative action for disabled persons. 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 PICS v. Seattle School District 2007, school districts cannot use race as a factor for acceptance Common School Movement movement to have all children, regardless of background, taught in a common place parens patriae power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent Compulsory attendance law Mandatory for a child to attend school up to a certain age Compulsory Attendance Act 1852-1st law requiring students to participate in school, mandatory 8-14 years old National Defense Education Act 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. 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) Improving America's Schools Act supports schools in moving all children toward higher academic standards Every Student Succeeds Act (ESSA) Obama's act in 2015 that took over No Child Left Behind public school free schools supported by taxes 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. Child Benefit Theory A criterion used by the U.S. Supreme Court to determine whether services provided to nonpublic school students benefit children and not a particular school or religion. sunshine laws Law requiring agency meetings and decision-making process to be open to the public. One way of making agencies more accountable to Congress and the public. 1st Amendment Freedom of Religion, Speech, Press, Assembly, and Petition Civil Rights Act of ; 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 voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal 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 require bilingual education 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 cause injury Plaintiff has property or physical damages 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 False Imprisonment (Intentional Tort) Intentional detention of person without that persons consent (Civil side of kidnapping) 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 educational evaluations at public expense; Notice of Procedural Safeguards; Resolution Process; and objective mediation funded by the state education agency and impartial Due Process Hearings ADA Amendments Act of 2008 Retains the basic definition of "disability" under the ADA. However, it expands the definition of "major life activities" by including two lists of activities: The first list includes Equal Employment Opportunity Commission (EEOC) recognized activities such as walking and some not-specifically recognized EEOC activities such as bending, communicating, and reading. The second list includes major bodily functions. In short, this Act stresses that the definition of disability should be interpreted in favor of broad coverage of individuals to maximum extent permitted by the terms of the ADA. 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 The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion. 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 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 promoting the use of drugs and does not violate the student's 1st A rights. A decision was not reached about whether Morse was immune to being sued, being a school official. Case is similar to Hazelwood. 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 Amendment rights because the lockers and cars were unattended and in public view, therefore it was not technically a search. They ruled that it was unconstitutional, and unreasonable, for the dogs to sniff the students because the officials did not have an individual suspicion that the student or students were carrying an illegal substance. Vernonia School District v. Acton Random drug testing of athletes does not violate the search and seizure clause of the fourth amendment 5th Amendment The Right to Remain Silent/Double Jeopardy, 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. Corporal Punishment in Schools On the decline but is not banned in schools. 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 It introduced the test of whether the employee's speech had been on matters of public concern to the balancing of employer and employee interest prescribed in the earlier case. Speech may be of public concerned but not completely protected under the First Amendment of the Constitution. The government has discretion and control over management of personnel. That promote disruptive acts. This was not of public concern but an employee expressing disagreement. 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 in all areas of the employment relationship Race and National Origin Subject to strict scrutiny - must be shown to be necessary to the accomplishment of some legitimate state objective, independent of the social discrimination If the law is not discriminatory on its face but is instead discriminatory in its application, challenger has the burden of proving a discriminatory purpose (legislation was intended to work to the disadvantage of a particular racial group) 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 arise when a spouse, child, or parent in the National Guard or Reserve is called to active duty collective bargaining Process by which a union representing a group of workers negotiates with management for a contract Sectio 504 of Rehabilitation Act applied to children ages 3-21 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