WGU D017 TEST| 117 QUESTIONS AND ANSWERS

Due Process 1) give notice to the individual of what they are being accused of and the rules that have been violated 2) allow both individuals to explain their side of the infraction 3) execute a fair hearing 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, leading to the push for integration of schools. Tinker v. Des Moines A 1969 case in which decided that students can express private views as long as it does not cause a substantial disruption. (can be applied to cyber threats outside of school) Bethel School District v. Fraser School authorities may sensor lewd, vulgar, or indecent expression and can decide what falls in the prohibited categories New Jersey v. TLO A 1980 case that said students may be searched without a warrant if there is "reasonable ground" for doing so and if the scope of the search is reasonable. Lemon Test 3-part test for Establishment Clause cases a law must pass to be constitutional - 1) government action must have a non-religious purpose 2) have a primary effect that neither advances nor impedes religion 3) avoid excessive government entanglement with religion Individuals with Disabilities Education Act (IDEA) The 1990 amended form of the EAHCA that ensures that children with disabilities receive a FAPE and related services designed to meet their unique needs; applies to students age 3-21; IEP reviewed annually; LRE appropriate to needs. Education for All Handicapped Children Act (PL 94-142) The 1975 education legislation that established right of all children to free and appropriate education, and that provided funding to assist in educating kids with disabilities and bringing them into regular schools. Free and Appropriate Public Education the provision of IDEA that guarantees special education and related services to children with disabilities at public cost Common School Movement movement to have all children, regardless of background, taught in a common place; began in 1837 in Massachusetts; emphasized moral education and teaching political principles of a republic Compulsory Attendance Act 1852-1st law requiring students to participate in school, passed in Massachusetts, required kids 8-14 to attend school 12 weeks per year National Defense Education Act (NDEA) The 1958 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 instruction in math, science, and foreign language, as well as for guidance services & and teaching innovation. Improving America's Schools Act The 1994 reauthorization of the ESEA. Supported schools in moving all children toward higher academic standards. A Nation at Risk A 1983 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. Helped fuel the excellence movement. public school Schools supported by taxes; subject to all federal and state laws1 Every Student Succeeds Act (ESSA) Obama's act in 2015 that took over No Child Left Behind; states determine accountability standards 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 in line with their "charter" or performance contract, which establishes the schools' mission and goals; funded with tax dollars but subject to fewer rules and regulations. 1st Amendment Freedom of Religion, Speech, Press, Assembly, and Petition Civil Rights Act of 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; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal Lau v. Nichols A 1974 case that established ELL's rights in ruling that if a substantial number of non-English speaking students reside in the district, the district must provide for these students with classes in English or it is in violation of Title VI of the CRA. Castaneda v. Pickard A 1981 case by the 5th Circuit that set the standard for the courts in examining programs for LEP students. A sufficient program must 1) adopt a sound approach ELL education, 2) reasonably implement that approach, and 3) monitor that the approach is working. Equal Access Act The 1984 legislation that said 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 of the Educational Amendments Act 1972 legislation that prohibits schools that receive federal funding from discriminating, excluding, or denying benefits because of sex. 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 A breach of duty to protect someone from harm that causes injury or leads to injury due to lack of supervision. Defamation false expression that causes harm to someone's reputation (includes slander and libel) intentional tort tort in which the defendant means to commit the injurious act (includes assault, battery, false imprisonment, and intentional infliction of emotional distress) Procedural Safeguards in IDEA The opportunity for parents to review their child's full educational records; full parent participation in identification and IEP team meetings; parent involvement in placement decisions; Prior Written Notice; the right of parents to request independent educational evaluations at public expense; Notice of Procedural Safeguards; Resolution Process; and objective mediation funded by the state education agency and impartial Due Process Hearings Legal remedies to segregation 1) opening magnet schools, 2) rezoning districts, 3) busing students Americans with Disabilities Act (ADA) The 1990 expansion of the Rehabilitation Act that covers virtually all aspects of society (both public and private) including transportation, public accommodations, telecommunications, etc. Rehabilitation Act The 1973 legislation that added people with disabilities to the list of Americans protected from discrimination 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. Establishes state due process. separate but equal doctrine the doctrine established in the 1800s that separation of races in schools wasn't discriminatory as long as the school facilities weren't unequal De Jour Segregation Segregation created by law or through the deliberate acts of school officials. It is unconstitutional and creates an affirmative duty to integrate. de facto segregation Segregation that results from residential housing patterns; doesn't violate the constitution, so there is no affirmative duty to integrate Swann v. Charlotte-Mecklenburg Board of Education 1971 case in which SCOTUS approved busing programs and redrawing district lines as ways of integrating public schools. Lemon v. Kurtzman A 1971 court case used to determine whether government actions violate the Establishment Clause (separation of church and state). Wallace v. Jaffree A 1985 court case which decided that moments of silent prayer at school are unconstitutional---moments of silence are not. Good News Club v. Milford Central School A 2001 court case that said religious clubs that engage in religious activities can meet just like any other club if the school allows for community groups to meet after school. Lee v. Weisman A 1992 case that said public schools may not have clergy lead prayers at graduation ceremonies; prohibits school-sponsored religious activities.