SCHOOL LAW WGU D017 TEST| 93 QUESTIONS AND ANSWERS

Due Process No evidence may be admitted when it is obtained through illegal methods Morse v. Frederick - 2007 School officials can prohibit students from displaying messages that promote illegal drug use Chandler Particularized suspicion is required before government can intrude on an Individuals right of privacy 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 in education. Brown II, 1995 Outcome was to mandate to desegregate schools with all deliberate speed Tinker v. Des Moines (1969) Symbolic speech or students have freedom of speech as long as it is not a disruption Bethel School District v. Fraser Schools may punish students for using vulgar language during a school assembly. Hazelwood School District v. Kuhlmeier 1988 SuCo: Censorship of school newspapers is constitutional. New Jersey v. TLO - 1980 students may be searched without a warrant if there is "reasonable ground" for doing so. Lemon v. Kurtzman - 1971 Three tests are described for deciding whether the government is improperly involved with religion Lemon Test 3-part test for Establishment Clause cases a law must pass to be constitutional. (Lemon v Kurtzman IDEA 1990 normalization principle 1. FAPE 2. Notification and procedural rights for parents 3. Identification and services to all children 4. Necessary related services 5. Individualized assessments 6. IEP's 7. LRE Vocational Rehabilitation Act of 1973 The act requiring certain federal contractors to take affirmative action for disabled persons. Section 504 Temporary affected by an illness, drug abuse, psychological trauma, or special modifications Education for All Handicapped Children Act of 1975 Established right of all children to free and appropriate education Free and Appropriate Public Education the provision of IDEA that guarantees special education and related services to children with disabilities at public cost PICS v. Seattle School District 2007, school districts cannot use race as a factor for acceptance Common School Movement movement to have all children, regardless of background, taught in a common place parens patriae power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent Compulsory attendance law Mandatory for a child to attend school up to a certain age Compulsory Attendance Act 1852-1st law requiring students to participate in school, mandatory 8-14 years old National Defense Education Act The 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 funds in the sciences, foreign language, guidance services, and teaching innovation. A nation at risk a 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 (1983) Improving America's Schools Act supports schools in moving all children toward higher academic standards Every Student Succeeds Act (ESSA) Obama's act in 2015 that took over No Child Left Behind public school free schools supported by taxes 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. Child Benefit Theory A criterion used by the U.S. Supreme Court to determine whether services provided to nonpublic school students benefit children and not a particular school or religion. sunshine laws Law requiring agency meetings and decision-making process to be open to the public. One way of making agencies more accountable to Congress and the public. 1st Amendment Freedom of Religion, Speech, Press, Assembly, and Petition Civil Rights Act of 1964 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 (1974) If a substantial number of non-English speaking students reside in the district, the district must provide for these students with classes in English. Castaneda v. Pickard 1981 - set the standard for the courts in examining programs for LEP students -- accountability for ESL programs 1. pedgaogically sound plan for LEP students 2. qualified staff to implement plan 3. system established to evaluate the program ** doesn't require bilingual education Equal Access Act of 1984 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 No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance 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 Defendant had duty to manufacture a reasonably safe product/was in the business of selling or manufacturing product That duty was breached Breach of duty caused plaintiff's injury (product reached plaintiff in same condition) Foreseeable that defect would cause injury Plaintiff has property or physical damages Defamation (Tort Law) Employers can be liable for defamation when giving false/unfavorable references about a former employee