School Law D017 (Study Guide)

Common School Movement (1837) - Answer- Pioneered by Horace Mann, MA; Movement to have all children regardless of background, taught in a common place; Socialize the poor and working classes. Began in MASS 1837 Compulsory Attendance Laws (1852) - Answer- First state law (MA) requiring attendance of students; Must attend 12 weeks/year, 6 consecutive weeks to promote a good society.......... Parens patriae - Answer- may restrict parents' control by requiring school attendance. Commonwealth v. Hall (1983) - Answer- upheld a truancy conviction, school boards have the discretionary authority to determine the appropriateness of school absences. National Defense Education Act (1958) - Answer- act that was passed in response to Sputnik; it provided an opportunity and stimulus (1 billion) for college education for many Americans. It allocated funds for upgrading funds in the sciences, foreign language laboratories, science equipment, guidance services, and teaching media innovation. The Elementary and Secondary Education Act (1965) - Answer- Federal legislation provided funding for schools by distributing; Title I funds to low-income districts to close the skill gap. Title II funds to pre-schools, libraries, and textbooks. Title III to bolster adult ed., special education. Emphasizes high standards; Evolved, adapted, reauthorized and signed by different presidents. Ex. ECIA, IASA, NCLB, ESSA Education Consolidation and Improvement Act - Answer- Regan administration - reduce regulations on the distribution of funds by Title I of ESEA. Give schools more Title I funds. Improving America's Schools Act (1994) - Answer- Clinton administration - made Title I more accessible to schools by requesting waivers; Est. math and reading standards. No Child Left Behind Act (2001) - Answer- George W. Bush Administration - Held school accountable for Adequate Yearly Progress (AYP); Failed per high stakes responsibility per teachers taught to the standardized tests and lowered expectations of students. Every Student Succeeds Act (2015) - Answer- Eliminates AYP and gives more flexibility to states and districts. Maintains standardized testing requirement but lessens impact of low test scores. Encourages use of Common Core. A Nation at Risk (1983) - Answer- Regan Administration - concluded that the US educational system was failing to meet the national need for competitive workforce. Plessy v. Ferguson (1896) - Answer- upheld Louisiana law. Ruled Plessy being kicked off the train was constitutional. Making "separate but equal" legal and constitutional. Brown v. Board of Education (1954) - Answer- case overturned Plessy v. Ferguson. Making "separate but equal" unconstitutional and illegal in schools. Charter School - Answer- This school is funded through taxes as well as donations and is subjected to fewer federal laws. Establish their own teaching practices and curriculum. Private School - Answer- This school is funded by grants, donations, and student tuition and is not subject to federal or state laws. Public School - Answer- This type of school is funded through taxes and is subject to all federal and state laws. Role of Federal Government - Answer- provides funding and enforce constitutional rights. Sources of School Law - Answer- constitution, statutes, regulation, and caselaw. Judicial System - Answer- repeatedly confirms state authority over education as long as the state follows the constitution. State board of Education - Answer- can limit the power of local school boards by enacting restrictive laws. Federal Court - Answer- has ultimate authority in deciding whether a student's constitutional rights have been violated. Educational Law - Answer- protects the rights of students and school employees; Governs how schooled is structured. 14 Amendment (1868) - Answer- No state shall deny to any person within its jurisdiction equal protection under the law. Equal Protection Clause. "Separate but Equal" Doctrine - Answer- established by Plessy v. Ferguson that "separate but equal" does not violate the 14th Amendment as long as schools are separate and equal. Roberts v. City of Boston (1849) - Answer- Ruled that local school boards could deny Roberts daughter access to an all white school. Separate schools did not violate black students rights. However, this case propelled the first national law prohibiting school segregation. De Jour Segregation - Answer- segregation by law. De Facto Segregation - Answer- segregation due to custom, circumstance, or personal choice. Ex. Residential housing patterns. Affirmative Action - Answer- to provide opportunities for groups who have suffered from discrimination in the past. Magnet School - Answer- desegregate by drawing students from their normal school and offer special curriculum to attract students. Plessy v. Ferguson (1896) - Answer- founded 'separate but equal' doctrine, which allowed segregated public facilities as long as they were equal. Brown v. Board of Education (1954) - Answer- Concluded that "separate but equal" has no place in education. Declared state laws that segregate students as unconstitutional. Swan v Charlotte-Mechlenburg Board of Education (1971) - Answer- Landmark U.S. Supreme Court case dealing with the busing of students to promote integration in public schools. Rational bias test - Answer- used to judge classifications related to sexual orientation, age, and disability. Strict scrutiny test - Answer- used to judge classifications related to national origin, race, and alienage. Intermediate scrutiny - Answer- used to judge classification related to gender and illegitimacy. Establishment Clause - Answer- in the first amendment, it prohibits the government from establishing a religion. Creates a separation of church and state. Therefore, it ensures the states and federal government do not sponsor a religion in an educational setting. Used to challenge religious policies. Free Exercise Clause - Answer- First Amendment requirement that government cannot prevent free exercise of religion. Remedy Used to Encourage School Desegregation - Answer- Rezoning, Magnet Schools, Busing Desegregation Decrees - Answer- Courts still order districts to demonstrate that they are complying with integration. Unitary School System - Answer- Do not exclude any person from any school because of color and do not discriminate between school children on the basis of race. Also, need to prove that they have eliminated "the vestiges of past discrimination." Lemon v. Kurtzman (1971) - Answer- articulated a three part test; (1) Have a secular (non-religious) purpose, (2) Have a primary effect that neither advances nor impedes religion, (3) avoid excessive governmental entanglement in religion. Used to determine if government actions violate the establishment clause. Wallace v. Jaffree (1985) - Answer- Strikes down an Alabama law that allowed silent prayer in school. It added voluntary prayer encourage students to pray. Moments of silent prayer are allowed on a state to state basis. The Good News Club v. Milford (2001) - Answer- Religious clubs that engage in religious activates can meet after school. Lee v. Weisman (1992) - Answer- Public schools may not have clergy lead prayers at graduation ceremonies; However, students can make religious references per ceremony now a forum. Santa Fe Independent School District v. Doe - Answer- students may not lead prayers before the start of a football game at a public school Primary Purpose of the Establishment Clause - Answer- is to challenge the governmental advancement of religion. Primary Purpose of the Free Exercise Clause - Answer- is to challenge secular government regulations that hinder the practice of religious beliefs. Wisconsin v. Yoder - Answer- The Supreme Court ruled with the parents in this case who wanted their children exempted from compulsory attendance for religious reasons. Religious Instruction - Answer- Teachers may use the Bible and other religious documents when they are providing instruction from literary, cultural, or historical perspective. Student Initiated Religious Expression - Answer- may be considered private and therefore permitted on school property. Nativity Scene in Public Education - Answer- Supreme Court has ruled that a ___________ scene is not an advancement of religion because of the historical and cultural significance of Christmas. Posting the Ten Commandment in School - Answer- The Supreme Court has ruled that posting them is an attempt to advance religion. Bible in School Library - Answer- must be removed from the classroom library per violates the establishment clause. Educators Reading the Bible in School - Answer- refrain from silently reading the bible during school hours per may influence students. Teachers Wearing Religious Clothing - Answer- must cover clothing that has religious references. Emerson v. Board of Education (1947) - Answer- Applied the establishment clause to the first amendment (freedom of religion) through the due process clause of the 14th amendment, since his tax dollars were going towards transportation for religious schools Sunshine Laws - Answer- open meeting laws require government meetings to be open to public General Welfare Clause - Answer- Congress can "lay" and "collect" taxes to pay for the general welfare of the country. West Virginia State Board of Education v. Barnette (1943) - Answer- ruled that students may refuse to salute the flags as long as his/her actions do not cause a disruption while other recite the Pledge of Allegiance. Equal Access Act of 1984 (EAA) - Answer- protects only student-initiated religious meetings in secondary schools receiving federal aid. Must be provided equal access to fundraising activities, school bulletin boards, and other resources. Role of the State in Public Education - Answer- Supreme Court had repeatedly ruled that the states have complete authority over school as long as states follow the Constitution. Absolute power to creating standards of curriculum. State and Federal Agencies - Answer- adopt regulations; provides guidance to the laws passed by the state legislator. Plyer v. Doe (1982) - Answer- ruled that states cannot deny education to illegal immigrants. Lau v. Nichols (1974) - Answer- If a substantial number of non-English speaking students reside in the district, the district must provide for these students with classes in English. Casteneda v Pickard (1981) - Answer- set standards and accountability for ESL programs. 1. pedagogically sound plan for ESL programs, 2. qualified staff to implement plan, 3. system established to evaluate the program. *added per quiz - programs must be proven effective in overcoming language barriers after a trial period. Hazelwood v. Kuhlmeier (1988) - Answer- ruled that educators do not offend student expression by exercising editorial control over school-sponsored activates as long as there are legitimate pedagogical reasons. Tinker v. Des Moines (1969) - Answer- Guaranteed a student's right to protest (wearing armbands) because it was silent and did not cause an educational disruption (Tinker Test). Bethel School District v. Fraser (1986) - Answer- Obscene, lewd, or vulgar student speech is not protected under the first amendment Morse v. Frederick (2007) - Answer- Upholds the authority of public school administrators to suspend students for promoting illegal drugs or illegal activities at a school event (Bong Hits for Jesus) Veronica School District v Acton (1995) - Answer- Random drug testing of high school athletes doesn't violate the reasonable search and seizure clause of the Fourth Amendment. High school athletes who are under State supervision during school hours, they are subject to greater control than over free adults. Custodial Interrogation - Answer- questioning that occurs after a defendant has been deprived of his or her freedom in a significant way. Must be read Miranda rights. Due Process - Answer- Notice, Hearing, and Ruling.