School law: WGU D017

School law: WGU D017

11 studiers in 3 days 4.8 (30 reviews) Students also studied Terms in this set (93) Social SciencesPsychology Save D017 School Law - WGU Teacher 118 terms Teri_RankinPreview Praxis 5412 Teacher 104 terms John_Haynes36 Preview Praxis 5412 Administration Leadershi...Teacher 50 terms Tara_Gallagher13 Preview WGU D Teacher mls Practice questions for this set Learn1 / 7Study using Learn States can't deny education for illegal immigrants Due ProcessNo evidence may be admitted when it is obtained through illegal methods Morse v. Frederick - 2007School officials can prohibit students from displaying messages that promote illegal drug use ChandlerParticularized suspicion is required before government can intrude on an Individuals right of privacy Choose an answer 1Lemon v. Kurtzman2Plyer v. Doe 3Lee v. Weisman4Lau v. Nichols Don't know?

Plessy v. Ferguson1896 ruling that separate but equal facilities for different races were not unconstitutional.Brown v. Board of Education1954 case that overturned Separate but Equal standard of discrimination in education.Brown II, 1995Outcome 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. FraserSchools may punish students for using vulgar language during a school assembly.Hazelwood School District v. Kuhlmeier1988 SuCo: Censorship of school newspapers is constitutional.New Jersey v. TLO - 1980students may be searched without a warrant if there is "reasonable ground" for doing so.Lemon v. Kurtzman - 1971Three tests are described for deciding whether the government is improperly involved with religion Lemon Test3-part test for Establishment Clause cases a law must pass to be constitutional.(Lemon v Kurtzman IDEA 1990normalization principle

1. FAPE

• Notification and procedural rights for parents
• Identification and services to all children
• Necessary related services
• Individualized assessments
• IEP's

7. LRE

Vocational Rehabilitation Act of 1973The act requiring certain federal contractors to take affirmative action for disabled persons.Section 504Temporary 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 Educationthe provision of IDEA that guarantees special education and related services to children with disabilities at public cost PICS v. Seattle School District2007, school districts cannot use race as a factor for acceptance Common School Movementmovement to have all children, regardless of background, taught in a common place

parens patriaepower of the state to act on behalf of the child and provide care and protection equivalent to that of a parent Compulsory attendance lawMandatory for a child to attend school up to a certain age Compulsory Attendance Act1852-1st law requiring students to participate in school, mandatory 8-14 years old National Defense Education ActThe 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 riska 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 Actsupports 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 schoolfree schools supported by taxes private schoola school that is privately owned and doesn't rely on government money to operate charter schoolsPublic schools that have been given the autonomy to establish their own curricula and teaching practices.Child Benefit TheoryA 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 lawsLaw 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 AmendmentFreedom of Religion, Speech, Press, Assembly, and Petition Civil Rights Act of 19641964; 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. Pickard1981 - set the standard for the courts in examining programs for LEP students -- accountability for ESL programs

• pedgaogically sound plan for LEP students
• qualified staff to implement plan
• system established to evaluate the program

** doesn't require bilingual education Equal Access Act of 1984Public 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 IXNo 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 Clause14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination Tort LiabilityThe legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused Negligence Tort LiabilityDefendant 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 intentional torttort in which the defendant means to commit the injurious act False Imprisonment (Intentional Tort)Intentional detention of person without that persons consent (Civil side of kidnapping) Procedural Safeguards in IDEAThe 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 ADA Amendments Act of 2008Retains the basic definition of "disability" under the ADA. However, it expands the definition of "major life activities" by including two lists of activities: The first list includes Equal Employment Opportunity Commission (EEOC) recognized activities such as walking and some not-specifically recognized EEOC activities such as bending, communicating, and reading. The second list includes major bodily functions. In short, this Act stresses that the definition of disability should be interpreted in favor of broad coverage of individuals to maximum extent permitted by the terms of the ADA.