Busy. Please wait.
Log in with Clever
or

show password
Forgot Password?

Don't have an account?  Sign up 
Sign up using Clever
or

Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.

School Law EIU

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
        Help!  

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  
🗑


   

Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
 
To hide a column, click on the column name.
 
To hide the entire table, click on the "Hide All" button.
 
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
 
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.

 
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
Created by: HowardGeometry
Popular Law sets