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WGU School Law D017 Terms in this set (81) Common School Movement () Horace Mann and Henry Barnard Primary schools teaching the rudiments to all who needed it. Goal was to make the population more moral citizens. A Nation at Risk 1983 Natio $10.49   Add to cart

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WGU School Law D017 Terms in this set (81) Common School Movement () Horace Mann and Henry Barnard Primary schools teaching the rudiments to all who needed it. Goal was to make the population more moral citizens. A Nation at Risk 1983 Natio

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WGU School Law D017 Terms in this set (81) Common School Movement () Horace Mann and Henry Barnard Primary schools teaching the rudiments to all who needed it. Goal was to make the population more moral citizens. A Nation at Risk 1983 National Commission report calling for extensive educa...

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  • August 20, 2024
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WGU School Law D017
Jeremiah
Terms in this set (81)

Horace Mann and Henry Barnard
Common School Movement (1820-1865) Primary schools teaching the rudiments to all who needed it. Goal was to make the
population more moral citizens.

1983 National Commission report calling for extensive educational reforms, including
A Nation at Risk more academic course requirements, more stringent college entrance requirements,
upgraded and updated textbooks, and longer school days and year.

Public - funded through taxes and subject to all federal and state laws.
Private - funded by grants, donations and student tuition and is not subject to federal or
state laws.
Types of Schools Charter- The charter is a performance contract which establishes the school's mission
and goals. They can select (randomly) who attends the school and are funded by tax
dollars and take the same tests as public schools. -Get less per pupil than public
schools.

Federal - can influence education thorough funding powers and enforcement of
constitutional rights.
Role of Government in Schools
States - have absolute power to make laws governing education. Create state laws and
has state agencies to adopt regulations.

Law at the highest or national level of a federal government, consisting of a
Federal Legislation constitution, enacted laws and court decisions pertaining to them. In education
compliance is usually attached to funding.

State legislatures pass laws on issues. Example: compulsory attendance laws. Must be
State Legislation
constitutional.

Supplements to the law that are legally binding. Help explain how the law should be
Federal and State Regulations
interpreted and implemented.

Case or Common Law the body of law made up of judicial opinions and precedents

Varies by state but general includes trial court, state courts of appeal, and a state
State Court Structure supreme court. Any federal question would go to the US District Court instead of the
Trial court.

WGU School Law D017




1/10

, 8/20/24, 4:32 PM
The doctrine established in Plessy v. Ferguson that African Americans could
Separate but Equal Doctrine
constitutionally be kept in separate but equal facilities.

De Jour - unnatural or forced state mandated segregation. -unconstitutional
De Jour Segregation vs De Facto
Segregation De Facto - natural segregation caused by house patterns for example. -not
unconstitutional

"We conclude that in the field of public education the doctrine of 'separate-but-equal'
has no place. Separate educational facilities are inherently unequal."
Brown v. Board of Ed. of Topeka
Demonstrated that education is a civil right and therefore discrimination in education is
unconstitutional.

Court has defined a unitary system as the status a school system achieves "when it no
Unitary System
longer discriminates between school children on the basis of race,"

Because of a long history of gerrymandering boundary lines with the intent to
segregate, many school boundaries during the 1950s and 1960s had little to do with
ReZoning of Schools geographic barriers (e.g., rivers, hills); safety issues (e.g., location of busy roads,
factories); or the size, location, or dispersion of the student population. When the
schools were rezoned with good faith the schools were better integrated.

Establishment Clause - Prohibits the government from establishing an official church


Free Exercise Clause - Allows people to worship as they please.

1st Amendment (Religion,speech, press,
Defamatory, obscene and inflammatory communication, lewd and vulgar comments
assembly, petition)
and expression promoting illegal activity for minors are outside the protective arm of
the First Amendment.


Free speech is limited in schools because they are limited public forums.

Students have a free exercise right to engage in private devotional activities in public
schools as long as they do not interfere with regular school activities.
Constitutional limits of religious expression
for teachers and for students. How are they Teachers - When acting in their official capacities as representatives of the State,
different? teachers, school administrators, and other school employees are prohibited by the First
Amendment from encouraging or discouraging prayer, and from actively participating
in such activity with students.

Students and teachers are not required to pledge allegiance to the flag and can sit or
stand during this part of the day.


States clearly have the authority to require vaccination against communicable diseases
as a prerequisite to school attendance.

Church and State Relations
Religious exemptions can be made for components to the state prescribed curriculum.
teachers cannot assert a free exercise right to disregard aspects of the state-
prescribed curriculum but students can.


Evolution can be taught because it is science and creationism can not be because it is
religious and has no scientific backing.




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