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Court Cases & Terms

School Law EIU

TermDefinition
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