QUESTIONS AND SOLUTIONS RATED A+
✔✔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).