Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
WGU D017
School Law
| Term | Definition |
|---|---|
| Due Process | No evidence may be admitted when it is obtained through illegal methods |
| Morse v. Frederick - 2007 | School officials can prohibit students from displaying messages that promote illegal drug use |
| Chandler | Particularized suspicion is required before government can intrude on an Individuals right of privacy |
| Plessy v. Ferguson | 1896 ruling that separate but equal facilities for different races were not unconstitutional. |
| Brown v. Board of Education | 1954 case that overturned Separate but Equal standard of discrimination in education. |
| Brown II, 1995 | Outcome was to mandate to desegregate schools with all deliberate speed |
| Tinker v. Des Moines (1969) | Symbolic speech or students have freedom of speech as long as it is not a disruption |
| Bethel School District v. Fraser | Schools may punish students for using vulgar language during a school assembly. |
| Hazelwood School District v. Kuhlmeier | 1988 SuCo: Censorship of school newspapers is constitutional. |
| New Jersey v. TLO - 1980 | students may be searched without a warrant if there is "reasonable ground" for doing so. |
| Lemon v. Kurtzman - 1971 | Three tests are described for deciding whether the government is improperly involved with religion |
| Lemon Test | 3-part test for Establishment Clause cases a law must pass to be constitutional. (Lemon v Kurtzman |
| IDEA 1990 | normalization principle 1. FAPE 2. Notification and procedural rights for parents 3. Identification and services to all children 4. Necessary related services 5. Individualized assessments 6. IEP's 7. LRE |
| Vocational Rehabilitation Act of 1973 | The act requiring certain federal contractors to take affirmative action for disabled persons. |
| Section 504 | Temporary affected by an illness, drug abuse, psychological trauma, or special modifications |
| Education for All Handicapped Children Act of 1975 | Established right of all children to free and appropriate education |
| Free and Appropriate Public Education | the provision of IDEA that guarantees special education and related services to children with disabilities at public cost |
| PICS v. Seattle School District | 2007, school districts cannot use race as a factor for acceptance |
| Common School Movement | movement to have all children, regardless of background, taught in a common place |
| parens patriae | power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent |
| Compulsory attendance law | Mandatory for a child to attend school up to a certain age |
| Compulsory Attendance Act | 1852-1st law requiring students to participate in school, mandatory 8-14 years old |
| National Defense Education Act | The act that was passed in response to Sputnik; it provided an opportunity and stimulus for college education for many Americans. It allocated funds for upgrading funds in the sciences, foreign language, guidance services, and teaching innovation. |
| A nation at risk | a report produced by the National Commission on Excellence in Education that concluded that the U.S. educational system was failing to meet the national need for a competitive workforce (1983) |
| Improving America's Schools Act | supports schools in moving all children toward higher academic standards |
| Every Student Succeeds Act (ESSA) | Obama's act in 2015 that took over No Child Left Behind |
| public school | free schools supported by taxes |
| private school | a school that is privately owned and doesn't rely on government money to operate |
| charter schools | Public schools that have been given the autonomy to establish their own curricula and teaching practices. |
| Child Benefit Theory | A criterion used by the U.S. Supreme Court to determine whether services provided to nonpublic school students benefit children and not a particular school or religion. |
| sunshine laws | Law requiring agency meetings and decision-making process to be open to the public. One way of making agencies more accountable to Congress and the public. |
| 1st Amendment | Freedom of Religion, Speech, Press, Assembly, and Petition |
| Civil Rights Act of 1964 | 1964; banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation |
| Lau v. Nichols (1974) | If a substantial number of non-English speaking students reside in the district, the district must provide for these students with classes in English. |
| Castaneda v. Pickard | 1981 - set the standard for the courts in examining programs for LEP students -- accountability for ESL programs 1. pedgaogically sound plan for LEP students 2. qualified staff to implement plan 3. system established to evaluate the program |
| 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". |
| Title IX | No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance |
| Equal Protection Clause | 14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination |
| Tort Liability | The legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused |
| Negligence Tort Liability | Defendant had duty to manufacture a reasonably safe product/was in the business of selling or manufacturing product That duty was breached and cause injury |
| Defamation (Tort Law) | Employers can be liable for defamation when giving false/unfavorable references about a former employee |
| intentional tort | tort in which the defendant means to commit the injurious act |
| False Imprisonment (Intentional Tort) | Intentional detention of person without that persons consent (Civil side of kidnapping) |
| Procedural Safeguards in IDEA | The opportunity for parents to review their child's full educational records; full parent participation in ID and IEP team meetings; parent involvement in placement decisions; And more |
| ADA Amendments Act of 2008 | t expands the definition of "major life activities" by including two lists of activities: |
| Rehabilitation Act of 1973 | added people with disabilities to the list of Americans protected from discrimination |
| multidisciplinary team | members of an IEP team that have both an annual IEP meeting and a triannual review |
| Role of federal government in schools | provide funding and enforce constitutional rights |
| Role of state government in Schools | holds primary responsibility of education; can exercise authority over the local school board |
| 14th Amendment | Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws |
| separate but equal doctrine | the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities |
| De Jour Segregation | segregation by law |
| de facto segregation | segregation by unwritten custom or tradition |
| Swann v. Charlotte-Mecklenburg Board of Education | Approved busing and redrawing district lines as ways of integrating public schools |
| Lemon v. Kurtzman | The 1971 Supreme Court decision- aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion. |
| Wallace v. Jaffree | Moments of silent prayer at school are unconstitutional---moments of silence are not. |
| Good News Club v. Milford Central School | Religious clubs that engage in religious activities can meet after school. |
| Lee v. Weisman | Public schools may not have clergy lead prayers at graduation ceremonies |
| Santa Fe Independent School District v. Doe | students may not lead prayers before the start of a football game at a public school |
| Emerson v. Board of Education | 1947-- Under the Establishment Clause, neither the federal government nor a state may "aid one religion, aid all religions, or prefer one religion over another" |
| ESEA (Elementary and Secondary Education Act) | A major piece of federal legislation that provides federal direction to education and federal funds for schools, first passed in 1965. |
| NCLB (No Child Left Behind) | Legislation championed by George W. Bush which mandated sanctions against schools that failed to meet federal performance standards; part of his campaign pledge to end "low expectations". |
| ESSA (Every Student Succeeds Act) | - Replaced no child left behind act - Ensures opportunity for all students |
| Plyer v. Doe | States can't deny education for illegal immigrants |
| Lau v. Nichols | equal vs. equitable treatment for LEP students. Supreme Court ruled that schools were to provide LEP students with support to learn English and content |
| Bethel School District v. Fraser (1986) | Gave public school officials the authority to suspend students for speech considered to be lewd or indecent |
| Morse v. Frederick | A student at a high school hung up a banner saying "Bong Hits 4 Jesus" Result: School officials can prohibit students from promoting the use of drugs and does not violate the student's 1st A rights. |
| 4th Amendment | Freedom from unreasonable searches and seizures |
| Horton v. Goose Creek Independent School District | Before school officials can search a student, they must have a reasonable suspicion. Dogs can sniff the lockers and cars, but not the students. |
| Vernonia School District v. Acton | Random drug testing of athletes does not violate the search and seizure clause of the fourth amendment |
| 5th Amendment | The Right to Remain Silent/Double Jeopardy, right to due process |
| Dixon v. Alabama State Board of Education | end of doctrine that colleges and universities could act in loco parentis to discipline and expel their students |
| FERPA (Family Educational Rights and Privacy Act) | A federal law that regulates the management of student records and disclosure of information from those records. The Act has its own administrative enforcement mechanism. |
| Gonzaga University v. Doe | court ruled that individuals cannot bring damages suits for FERPA violations because the law doesn't create privately enforceable rights |
| HIPAA (Health Insurance Portability and Accountability Act) | developed to improve efficiency and effectiveness of the health care system |
| people v dukes | student, 17, was searched via metal detector and a knife was found, which became admissible in court--minimally intrusive |
| in loco parentis | Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. |
| Corporal Punishment in Schools | On the decline but is not banned in schools. |
| Child Abuse and Treatment Act | No violation is forgiven; the offender is disciplined accordingly. The discipline goes up to and includes termination. |
| Liberty Interest | An interest guaranteeing a number of individual freedoms, including the right to personal autonomy, bodily integrity, self- dignity and self-determination. |
| Pickering v. Board of Education | Teacher First Amendment Rights- Dismissal of a teacher for public statements regarding issues of public importance without showing that the statements are recklessly false violate the 1st amendment. |
| Connick v. Myers | It introduced the test of whether the employee's speech had been on matters of public concern to the balancing of employer and employee interest prescribed in the earlier case. |
| Garcetti v. Ceballos | the Supreme Court held that speech by a public official is only protected if it is engaged in as a private citizen, not if it is expressed as part of the official's public duties; 1st Amendment (Right to Freedom of Speech, etc.). |
| Title VII of the Civil Rights Act of 1964 | forbids discrimination in all areas of the employment relationship |
| Affirmative Action | A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities |
| FMLA (Family and Medical Leave Act) | Federal law requiring organizations with 50 or more employees to provide up to 12 weeks of unpaid leave after childbirth or adoption; to care for a seriously ill family member or for an employee's own serious illness; or to take care of urgent needs |
| collective bargaining | Process by which a union representing a group of workers negotiates with management for a contract |
| Paul D. Coverdell Teacher Protection Act | provides protection for teachers who are 1. acting within the scope of their employment/responsibilities and 2. attempting to control, discipline, expel, or suspend a student or maintain order of control in the classroom or school |
Created by:
nableuer