FELE Subtest 3: School Law and Finance
Sources of law which affect FL educators - ✔✔U.S. Constitution; Federal and State Statutes; Rules/Regs
by FLDOE, FLBOE, School Boards, Fire Marshalls, etc.; State and Federal Court Decisions (case law,
common law)
Amendment 1 - ✔✔contains religion establishment (no government in religion) and free exercise
clauses (individual can believe whatever) that are in dynamic tension. Also contains freedom of speech,
press, right to peaceably assemble, and to petition the government for grievance (most often disputed)
Amendment 4 - ✔✔search and seizure-must have warrant based on probable cause - must be specific
(3rd most often disputed)
Amendment 8 - ✔✔cruel and unusual punishment
Amendment 10 - ✔✔powers of federal government that are not stated specifically are given to the
states/people. Education is a responsibility of the state because it is not specifically described in the
Constitution of the United States.
Amendment 14 - ✔✔makes Bill of Rights applicable to the states as well as the federal government. It
says that one cannot deprive life, liberty, or property without due process and contains equal protection
(2nd most often disputed).
Civil Rights Act 1964 - ✔✔protect individuals from discrimination in employment on the basis of sex,
race, color, religion, or national origin.
Pregnancy Discrimination Act, 1987 - ✔✔treat pregnancy the same as any other disabling illness
, Title I of the Elementary and Secondary Education Act - ✔✔provides financial assistance to local
educational agencies and schools with high numbers or high percentages of children from low-income
families to help ensure that all children meet challenging state academic standards.
Title IX - 1972 - ✔✔treat children of both genders equally (admission exams, code of conducts, school
attendance, counseling for occupations AND limits segregated classes).
Equal Pay Act - ✔✔prohibits differential wages based upon gender.
Age Discrimination Act - 1978 - ✔✔protects persons older than 40 years of age from employment
discrimination.
Family Medical and Leave Act - 1993 - ✔✔entitle employees to take reasonable unpaid leave for
medical reasons, for the birth or adoption of a child, and for the care of a child or parent who has a
serious health condition.
Americans with Disabilities Act - 1990 - ✔✔prohibits discrimination and requires that persons with
disabilities have equal access to and benefit of program services in the most integrated setting possible.
Within school districts, the four broad areas that apply are: general nondiscrimination, equally effective
communication, program accessibility, and equal employment opportunity.
Copyright Act - 1976 - ✔✔protects the rights of creators of literary and artistic works.
Fair Use Doctrine - codified within Copyright Act of 1976 - ✔✔allows limited reproduction and use
without permission from the copyright owner, albeit under specified conditions (public libraries,
computer programs, non-profit educational institutions)
Family Education Rights and Privacy Act (FERPA) 1976 - ✔✔also called the Buckley Amendment -
provides that federal funds be withheld from institutions and fail to comply with access and privacy of
student records.
Sources of law which affect FL educators - ✔✔U.S. Constitution; Federal and State Statutes; Rules/Regs
by FLDOE, FLBOE, School Boards, Fire Marshalls, etc.; State and Federal Court Decisions (case law,
common law)
Amendment 1 - ✔✔contains religion establishment (no government in religion) and free exercise
clauses (individual can believe whatever) that are in dynamic tension. Also contains freedom of speech,
press, right to peaceably assemble, and to petition the government for grievance (most often disputed)
Amendment 4 - ✔✔search and seizure-must have warrant based on probable cause - must be specific
(3rd most often disputed)
Amendment 8 - ✔✔cruel and unusual punishment
Amendment 10 - ✔✔powers of federal government that are not stated specifically are given to the
states/people. Education is a responsibility of the state because it is not specifically described in the
Constitution of the United States.
Amendment 14 - ✔✔makes Bill of Rights applicable to the states as well as the federal government. It
says that one cannot deprive life, liberty, or property without due process and contains equal protection
(2nd most often disputed).
Civil Rights Act 1964 - ✔✔protect individuals from discrimination in employment on the basis of sex,
race, color, religion, or national origin.
Pregnancy Discrimination Act, 1987 - ✔✔treat pregnancy the same as any other disabling illness
, Title I of the Elementary and Secondary Education Act - ✔✔provides financial assistance to local
educational agencies and schools with high numbers or high percentages of children from low-income
families to help ensure that all children meet challenging state academic standards.
Title IX - 1972 - ✔✔treat children of both genders equally (admission exams, code of conducts, school
attendance, counseling for occupations AND limits segregated classes).
Equal Pay Act - ✔✔prohibits differential wages based upon gender.
Age Discrimination Act - 1978 - ✔✔protects persons older than 40 years of age from employment
discrimination.
Family Medical and Leave Act - 1993 - ✔✔entitle employees to take reasonable unpaid leave for
medical reasons, for the birth or adoption of a child, and for the care of a child or parent who has a
serious health condition.
Americans with Disabilities Act - 1990 - ✔✔prohibits discrimination and requires that persons with
disabilities have equal access to and benefit of program services in the most integrated setting possible.
Within school districts, the four broad areas that apply are: general nondiscrimination, equally effective
communication, program accessibility, and equal employment opportunity.
Copyright Act - 1976 - ✔✔protects the rights of creators of literary and artistic works.
Fair Use Doctrine - codified within Copyright Act of 1976 - ✔✔allows limited reproduction and use
without permission from the copyright owner, albeit under specified conditions (public libraries,
computer programs, non-profit educational institutions)
Family Education Rights and Privacy Act (FERPA) 1976 - ✔✔also called the Buckley Amendment -
provides that federal funds be withheld from institutions and fail to comply with access and privacy of
student records.
