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Court Cases & Terms
School Law EIU
| Term | Definition |
|---|---|
| McDuffy v Secretary of the Executive Office of Education | education for all; legislature defines nature of education. |
| Rose v Council for Better Education | KY schools are unconstitutional; legislature failed to establish an efficient system of common schools |
| Jeb Bush v Holmes | vouchers in FL are unconstitutional; legislature overstepped constitutional power of enacting funding of private schools through vouchers |
| Claremont School Dist v Governor | NH unfairness in taxation for state, state required to provide adequate funding; fundamental right of education requires adequate financing by legislature |
| Commonwealth v Hartman | must provide education for age 5-21 equally; states can expand pauper school provision in state constitution |
| Wilson v State BOE | charter school act creating charter schools as sub schools of public schools is constitutional |
| Randolph County BOE v Adams | textbook and material fees are unconstitutional |
| Hartzell v Connell | extracurricular fees are unconstitutional |
| Arlington Central Dist BOE v Murphy | no $ reimbursement paid for legal fees against dist |
| US v Lopez | gun possession =/= economic activity -> led to gun free zone act |
| Shepheard v Godwin | State statute impeding intent of fed statue violates supremacy clause |
| San Antonio Independent School Dist v Rodreguez | education is fundamental right, not constitutionally mandated |
| State ex el Clrk v Haworth | Regulation of common schools is within the power of legislature |
| McGilvra v Seattle SD No 1 | SD can exercise only powers fairly implied or expressed by statutes - health clinics |
| Johnson v Burmaster | $ can be spent on virtual charter schools for supplies |
| Owens v Colorado Congress of Parents, Teachers, and Students | Funding of pilot program is constitutional |
| In the Petition to Transfer Territory from HS Dist No 6 Lame Deer,Rosebud County, Montana to HS Dist No 1 Hardin Big Horn Co. v Lame Deer HS Dist | Statute gives superint. Authority to transfer territory among SD is unconstitutional |
| Hortonville Joint SD No 1 v Hortonville Ed Assoc | A school board is assumed to be an impartial tribunal member and can fire teachers on strike |
| Sioux City Community SD v Iowa Dept of Ed | constitutional not to provide student transportation |
| Grabow v Montana High School Association | Attendance/Enrollment policy for extracurricular activities is constitutional |
| Smith v Dorsey | Nepotism shown when SB enters into teaching contract with spouse of board member |
| Hadley v Jr College Dist of Metropolitan Kansas City, MO | Equality in voting power is required in local district elections |
| Aldridge v SD North Platte | Allegation board made prior to official meeting not sustained by facts |
| Rhode Island Affiliate, American Civil Liberties Union Inc v Bernaconi | SB discussion of drug search in closed session is exempt from open meeting law |
| Zager v Chester Community Charter School | charter schools are agencies subject to state need to know acts |
| Hovet v Hebron Public SD | Citzens may review teacher personnel file under authority of state public records law |
| Everson v BOE | establishment clause does not prohibit spending tax $ on bus for parochial |
| BOE of Central School Dist No 1 v Allen | loan of textbooks to parochial schools doesn't violate establishment clause |
| Lemon v Kurtzman (landmark) | state aid through salary and purchase of services is unconstitutional |
| Mueller v Allen | tax deductions benefiting parents of parochial students is ok |
| Agostini v Felton (landmark) | Payment of Title I Funds to parochial schools is ok |
| Mitchell v Helms | Federal $ for parochial instructional/educational material does not violate establishment clause |
| Zelman v Simmons-Harris | OH voucher program does not violate Establishment Clause |
| Chittenden Town SD v Dept of Ed | reimbursement for tuition to sectarian schools unconstitutional |
| Dickman v SD No 62 | OR law providing textbooks to parochial schools cannot be justified |
| IL McCollum v BOE of SD 71 | released time for religious instruction on public school premises is unconstitutional |
| Zorach v Clauson | released time for religious instruction not on public school premise is constitutional |
| SD of Abinton Township v Schepp & Murray v Curlett | State enforced bible reading and prayer in public school are unconstitutional |
| Stone v Grahm | state enforced posting of 10 commandments is unconstitutional |
| Wallace v Jaffee | State statue authorizing a period of meditation/voluntary prayer is unconstitutional |
| Lee v Weismannon | sectarian prayer at school graduation is unconstitutional |
| Santa Fe Indep SD v Doe | SD allowing student-led/initiated prayer at football games violates the establishment clause |
| BOE of Westside Comminity Schools v Mergens | Students have a right to organize groups in public schools(religious, political, philosophical) |
| Good News Club v Milford Central School | Schools viewpoint discrimination was not required to avoid violating est clause |
| WV State BOE v Marnette | Required participation of flag salute is unconstitutional |
| Prince v Massachusetts | Paresn Patrie Power of state > parent claim of religious freedom for their child |
| Pierce v Society of the sisters of the holy names of jesus and mary | Education law requiring all children to attend public school violates due process clause |
| Plyer v Doe | undocumented children of alien parents cannot be denied an education |
| Martinez v Bynum | residence requirement that further state interest is constitutional |
| Wisconsin v Yoder | State cannot compel Amish children to attend public high school |
| Swanson v Gutherie Independent SD I-L | SB can deny part time home school children's attendance at public school |
| Murphy v State of Arkansas | State can use achievement tests to monitor home instruction |
| Jones v. WV State BOE | denial of home school children in extracurricular activities does not violate equal protection clause |
| Workman v Mingo County Schools | neither autism claims or religious beliefs can compel student attendance of an unvaccinated student |
| State ex al Andews v Webber | board has power to enforce reasonable rules prescribing specific curriculum |
| Sandlin v Johnson | You can deny student promotion based on prereq reading level |
| Meyer v Nebraska | Statute prohibiting teaching of foreign language violates due process |
| Immediato v Rye Neck SD | Mandatory community service is constitutional |
| Boring v Buncombe County BOE | SB has pedagogical interest in curriculum |
| BOE Island Trees Union Free SD no 26 v Pico | Local SB my not remove books from school libraries because of ideas |
| Counts v Cederville SD | SB restriction of Harry Potter is unconstitutional |
| Virgil v SB of Columbia County, FL | Removal of Chaucer and Aristophanes from pedagogical standards is constitutional |
| Mozert v Hawkins County BOE | Students study basic reader series does not violate free exercise law |
| Brown v Woodland Joint Unified SD | curriculum discussing witchcraft/sorcerers doesn't violate establishment clause |
| Leebaert v Harrington | Parent does not have right to mandate curriculum |
| Parker v Hurley | school instructional materials that seek to reduce sexual orientation prejudice are ok |
| Epperson v State of Arkansas | Statute forbidding teaching of evolution is unconstitutional |
| Edwards v Aguillard | LA statute requiring balance of evolution/creation violates 1st amendment |
| Debra P v Turlington | functional literacy test can be required for diploma |
| Campbell v BOE of Town of New Milford | SB policy can impose academic sanction for nonattendance |
| Lau v Nichols | Failure to provide ELL Instruction violates civil rights act |
| Tinker v Des Moines Independent SD (landmark) | denial of freedom of expression mus be justified due to reasonable disruption |
| Bethel SD No 403 v Fraser (landmark) | Indecent student speech is not protected by 1st amendment |
| Morse v Frederick (landmark) | confiscating a pro-drug banner and suspending a student doesn't violate 1st amendment |
| Scott v SB of Alachua Co | school ban on confederate flat form school doesn't violate 1st amendment |
| Doe v Pulaski Co Special SD | letter about rape & murder of another classmate constitutes a true threat, not violating the 1st |
| Lamb's Chapel v Center Moriches Union Free SD | School that creates a limited public forum cannot deny access to religious groups |
| Hazelwood SD v Kuhlmeier (landmark) | Schools may regulate content of school-sponsored newspapers |
| Wisniewski v BOE of Weedsport Central SD | drawing of teacher being shot/killed is grounds for suspension and no violation of 1st |
| Canady v Bossier Parish SB | manditory uniform policy does not violate first amendment |
| New Jersey v T.L.O. (landmark) | reasonable suspicion and is not excessively intrusive |
| Safford Unified SD v Redding | reasonable suspicion of drugs does not constitute a strip search |
| Veronia SD 47J v Acton | drug testing of athletes is ok |
| BOE of Independenct SD no 92 of Pottawatome County v Earls | random drug testing of all extracurricular activities is ok |
| Doe v Little Rock SD | random searches of student's persons/book bags is unconstitutional |
| State of Iowa v Jones | annual school wide locker cleanout is ok |
| Mills v BOE of District of Columbia | procedural due process is required to reassign children with disabilities |
| BOE of Hendrick Hudson Central SD v Rowley | free/appropriate does not require state to max the potential of each special needs child |
| Schaffer v Weast | under IDEA burden of proof in an admin hearing is properly placed on student |
| Alvin Independent SD v A.D. | Behavioral issues from non-ADHD from related orrurances =/= qualify as student with disability under IDEA |
| Beth v Van Clay | SD placement of student w/ disability in SPED with reverse mainstream opportunities meets LRE |
| Florence Co SD 4 v Carter | court may order SD to reimburse parent who unilaterally placed child in private school |
| Foley v Special SD of ST Louis Co | Under IDEA child that is voulentarily placed by parents in parochial has no right to SPED services |
| Irving Independent SD v Tatro | catheratization falls under definition of related services |
| Cedar Rapids Comminity SD v Garret F | continuing nursing service is related service provided under IDEA |
| Honig v Doe | Stay put provision prevents authorities from excluding students w/disabilities from classrooms for dangerous conduction (because of the disability) |
| Arlington Central SD v Murphy | non-attorney expertise fees are not $ reimbursable to parents from state |
| Martinez v SB of Hillsborough Co | is a student with AIDS a significant risk and if so, reasonably accommodated? Remanded to determine risk |
| Spears v Jefferson Parish SB | SD is liable in damages for intentional act of teacher resulting in emotional harm to child |
| Medeiros v Sitrin | Teacher did not breach duty by not having unimpeded view of student that fell and broke ankle |
| Jerkins v Anderson | educators have duty to exercise reasonable care in supervision students during dismissal time after school |
| Brownell v Los Angeles Unified SD | SD did not have reason to foresee a gang-related shooting of a student |
| Wallmuth v Rapids Parish SB | School is not liable for bullying injury in locker room when teacher was not present |
| Funston v School Town of Munster | spectator that fell from bleachers w/o back support was contributorily negligent |
| Hutchison v Toesws | injured student with knowledge of risk involved is contributorily negligent |
| Aaris v Las Virgenes Unified SD | doctrine of primary assumption of risk bars cheerleader's recovery for damages in negligence action |
| Hammond v BOE of Carroll Co | female student assumed the normal, obvious risk of injury choosing to play tackle football |
| Wagenblas v Odessa SD no 105 | release policies from all liability violate public policy |
| Tatum v Orleas Parish SB | slander by a teacher against a principal can't prevail from a statement of opinion based on their subjective view |
| Hett v Ploetz | negative recommendation is protected by a conditional privilege |
| Desselle v Guillory | qualified privilege protects parents who convey information about teachers |
| Milkovich v Lorain Journal Co | newspaper calling a coach a liar is not entitled to separate constitutional privilege for opinion |
| Johnson v Robbinsdale Independent SD no 281 | school principal is a public official within new york times definition |
| Owasso Idependent SD v Falvo | students scoring other students' papers does not violate FERPA |
| 1st amendment | prohibits laws that infringe on the freedom of religion, speech, press, and assembly |
| 4th amendment | prohibits unreasonable search and seizure |
| 5th amendment | prohibits deprivation of life, liberty, or property without due process of law |
| 8th amendment | prohibits cruel and unusual punishment |
| 9th amendment | assures that rights not enumerated are retained by the people |
| 14th amendment | serves directly to provide equal protection against discrimination, but also assures procedural and substantive due process |
| constitution | contract between governed and government |
| legislative branch | makes laws |
| judicial branch | interprets laws |
| executive branch | enforces laws |
| common law | beliefs or values a society holds |
| court law | case law. applies principles, statutes, & constitution. follows rules of law |
| stare decisis | let the decision stand |
| precedents | used to decide court cases, unless found as a miscarriage of justice |
| ratio decidendi | the point on which a decision turns |
| obiter dicta | judge's written words on decision that have nothing to do with the case |
| comity | general good feeling in the community |
| Legitimate controversy | 1) advisory opinion 2) mootness 3) ripeness/maturity 4) standing |
| Federal courts | US district court, US court of appeals, US Supreme court |
| civil cases | between two persons plaintiff/defendant |
| district court | lowest level of court for misdemeanors or theft. right to jury |
| circuit court | used typically for felony and criminal cases |
| court of appeals | paperwork only. reviews evidence and either affirms, reverse, or forward to next level. |
| purpose of law | Preservation of the public peace and safety, the settlements of individual disputes, the maintenance and security of expectations, the resolution of conflicting social interests, the channeling of social change. |
| writ of certiorari | a higher court petitioning to hear a lower court's case |
| pauper schools | predecessors to today's free public schools |
| Quasi-Judicial Functions | School Boards have tripartite jurisdiction--legislative, executive, and guasi-judicial--not uncommon for board to sit in its own judgment. |
| Title I | Educational Grant of the 1960s, had to spend $ as designated, # of free and reduced children 40% |
| 10th amendment | Each State allowed to create law. |
| Ultra-vires | beyond the scope of powers either in good or bad faith. School board cannot make a decision in bad faith. |
| Establishment Clause | (1) legal purpose is secular in nature (2) primary effect must be to neither advance or inhibit religion (3) must not foster excessive government entanglement |
| Chapter 2 Funds | Can be provided to both public and private (non-profit) schools. Based on number of students enrolled (private). Cannot retain ownership of materials, and must be secular, neutral, non-ideological in nature |
| Open Forum | Anyone welcome |
| Closed Forum | not open to just anyone; must meet specific requirements |
| ILCS | Illinois Compiled Statutes |
| Endorsement Test | Government action will be struck down if an objective observer would view it as having the purpose or effect of endorsing or disapproving religion |
| Neutrality Test | allocated on basis of neutral, secular that neither favor nor disfavor religion and is made available to both religious and secular beneficiaries on a nonreligious basis |
| Coercion Test | requires direct or indirect government coercion on individuals to profess a faith |
| 105 ILCS 5/10-22.6(e) | Locker, desk, searches, parking lots, and school owned areas can be searched |
| Mitchell v Helms | chapter 2 can allocate funds to parochial/non-parochial funds to library, computer, hardware for education |
Created by:
HowardGeometry
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