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