Exam (elaborations)
WGU D017 School Law: Q/A
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WGU D017 School Law: Q/A
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WGU D017 School Law: Q/AEstablishment Clause ✔ Ans - prohibits state from passing laws that aid in or show preference to a religion
Jones vs. Clear Creek Independent ✔ Ans - student led and student initiated prayer is not a violation of Establishment Clause (It's the First Amendments Rights)
Santa Fe Independent v. Jane Doe ✔ Ans - student led prayer in front of large audience (home football game) does violate Establishment Cause. Court felt it could would suggest administration were responsible for prayer to unbiased spectator.
Coles v. Cleveland ✔ Ans - School Boards and other similar bodies may not open with prayer without violating Establishment Clause
Cochran v. Louisiana State Board of Education ✔ Ans - Louisiana law does not violate the Establish Clause by providing text books to religious based schools
Everson v. Board of Education ✔ Ans - E.C does not prohibit using tax dollars for transportation of religious based schools....it is not required in all states (like SC) but is approved as constitutional.
Lemon v. Kurtzman ✔ Ans - State aid to parochial schools through salary supplements and purchases of services creates entanglement between church and state...no go!
Board of Edu. of Central School District No. 1 v. Allen ✔ Ans - providing state-adopted school books to parochial school students does not violate the E.C.
Lemon Test ✔ Ans - State aid to religious schools must pass tripartite Lemon Test:
1. The statue must have a secular legislative purpose,
2. Its principle of primary effect must be one that neither advances or prohibits religion, 3. It must not foster excessive government entanglement with religion.
Meek v. Pittenger ✔ Ans - State finances of services and direct loans to
parochial schools is unconstitutional
Equal Access Act (1984) ✔ Ans - Everyone is allowed to use school district facilities if opened publicly to any group.
Widmar v. Vincent ✔ Ans - The denial of access to facilities for student
religious groups while allowing other groups to use the same facilities is violation of students freedom of speech....Congress responded by passing Equal Access Act.
Board of Edu. of the Westside Community v. Mergens ✔ Ans - School districts decision to ban Bible club deemed unconstitutional because they had other clubs (Equal Access Act)
Zelman v. Simmons-Harris ✔ Ans - Only pro-voucher decision: public school vouchers provided to students for attending private schools is constitutional as a decision made by parents (won't fly in SC due to state law though)
School district of Abington Township v. Schempp ✔ Ans - Reading bible verse at beginning of school deemed unconstitutional
Child Benefit Doctrine ✔ Ans - basically created to be able to fund things like text books to parochial schools
In Loco Parentis ✔ Ans - in lue of parent, we are their gardians while they are under our care
Paren Patriae ✔ Ans - "a father to all persons" State can make laws for
the good of people/state
Corporal Punishment ✔ Ans - Reasonable Satndard (how)
Good Faith Standard (why)
--the Cruel and Unsusal punishment Clause of 8th Amendment does not cover Corporal Pumishment....it is legal in SC but prohibited by most school districts
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