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FELE Comprehensive Study Guide - School Law
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Establishment Clause -Public schools cannot take any action that would have primary effect of advancing religion Free Exercise Clause -Public schools cannot prohibit free exercise of religion beliefs The Lemon Test -Evaluation to determine if a state statute has a secular legislative purpose, th...

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  • February 2, 2024
  • 5
  • 2023/2024
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  • fele comprehensive study guide school law

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FELE Comprehensive Study Guide - School Law
Establishment Clause -✔✔Public schools cannot take any action that would have primary effect of
advancing religion



Free Exercise Clause -✔✔Public schools cannot prohibit free exercise of religion beliefs



The Lemon Test -✔✔Evaluation to determine if a state statute has a secular legislative purpose, that it
must neither advance or inhibit religion, and that it must not create excessive entanglement by the state
in religious matters.



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."



Church and State related issues -✔✔1) Opening prayers at legislative sessions are constitutional. 2)
Religious invocations and benedictions violate the Establishment Clause.



The 14th Amendment -✔✔Provides protection regarding equal protection. No state can deny equal
protection of laws to anyone within its jurisdiction.



Individual Education Plans (IEP's) -✔✔Identifies needs, goals/objectives, evaluation procedures, and
annual review. Developed by multi-disciplinary team and the parents



Least Restrictive Environment -✔✔The EAHCA advocates educating handicapped individuals within
regular classrooms as much as possible. Mainstreaming is considered less restrictive compared with a
segregated environment.



Factors considered in a Least Restrictive Environment -✔✔1) The child's ability to profit from the
regular curriculum. 2) Social interaction benefits. 3) The impact on the regular education students in the
class.

, IDEA -✔✔Does not require that a district provide special education services at a private parochial
school where the parents have unilateral placed the child so long as the services are made available at a
public school.



State regulations of home instruction -✔✔Designed to protect children. The key burden is on the state
to show that home instruction is inadequate. For these purposes, states often use achievement tests to
monitor home instruction.



What is marriage in relation public education? -✔✔Marriage removes a child from compulsory
attendance and truancy laws



Standards of School Board rules and regulations -✔✔Must be reasonable and not arbitrary or
capricious. Students need to know what is expected and stated in common terms.



What are the two types of due process? -✔✔Procedural and Substantive



Procedural due process -✔✔Protects an individual against arbitrary state action. Certain steps must be
followed in order to take away one's individual rights. Procedural due process requires notice and
hearing.



Substantive due process -✔✔Not considered a "process" but rather another word for liberty or
freedom. It includes life, liberty, property, education, travel, appearance, and the freedoms of religion,
speech, press and assembly, as well as, the right to marry, have children, choose a career, or acquire
knowledge.



Limits to freedom of speech and expression in public schools -✔✔Freedom of speech cannot be taken
away unless there is clear and present danger for material and substantial disruption. It cannot be used
to avoid unpleasantness or an unpopular viewpoint.

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