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financial managers executives who develop and implement their firm's financial plan and determine the most appropriate sources and uses of funds vi... [Show More] ce president for financial planning responsible for preparing financial forecasts and analyzing major investment decisions treasurer responsible for all of the company's financing activities including cash management, tax planning, and shareholder relations. controller functions include company bookkeeping, preparing financial statements, and conducting internal audits risk-return trade-off optimal balance between risk and return financial plan a document that specifies the funds needed by a firm for a given period of time operating plans short term financial plans; a year or two strategic plans longer term financial plans; up to ten years marketable securities low risk securities that have short maturities or can easily be sold in secondary markets accounts receivable uncollected credit sales capital investment analysis process by which decisions are made regarding investment in long lived assets debit capital consists of funds obtained through borrowing equity capital consists of funds provided by the firm's owners when they reinvest earnings, make additional contributions, liquidate assets, issue stock to the general public, or raise capital from outside investors capital structure mix of a firm's debt and equity capital leverage increasing the rate of return on funds invested by borrowing funds dividends periodic cash payments to shareholders regular dividen most common type; paid quarterly trade credit firm agrees to pay supplier at a later date factoring short term financing backed by accounts receivable; business sells accounts receivable to another firm at a discount factor a discount commercial paper short term IOU sold by a firm; unsecured venture capitalist raise money from wealthy individuals and institutional investors and invest funds in promising firms; focus on start-ups [Show Less]
Who was considered the father of the common school movement in America? Horace Mann advocated for the common school in Massachusetts, which spread through... [Show More] out America in the 1800s. Which landmark U.S. Supreme Court decision found the separate but equal clause to violate the equal protection clause of the Fourteenth Amendment, ordering an end to legally mandated race-segregated schools? Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), declared that state laws separating black and white students in public schools were unconstitutional. Which statement accurately portrays how state and federal education legislation affects charter schools? Charter schools may be subject to state and federal education legislation depending on the nature of the charter with the chartering organization. Which type of law or regulation determines the minimum graduation requirements for high school? State statutes determine the minimum graduation requirements for high school on a state-by-state basis. Which type of law or regulation clarifies the scope of individuals' civil rights? Federal: Educational institutions must comply with the civil rights laws enacted by Congress. Which level of government creates compulsory attendance law? State law determines the compulsory attendance law on a state-by-state basis. Which case ruled that school segregation for students violated the Equal Protection Clause of the Fourteenth Amendment? Brown v. Board of Education Which remedy often proved to be the least expensive way to assist in the desegregation of schools? Rezoning or redistricting was often the fastest, simplest, and least expensive way to integrate students due to the fact that many school zones were created for the purpose of segregation. Which criterion is not used as part of the Lemon test to determine whether a government action violated the Establishment Clause? Its purpose or effect must not endorse or disapprove of religion. This criterion is part of the endorsement test. The three criteria of the Lemon test dictate that the action must have a secular legislative purpose, its primary effect must not advance or inhibit religion, and it must not result in excessive government entanglement in religion. A group of high school students created an after-school club for LGBTQ youth. As part of their work, the club created a pamphlet on sexually transmitted diseases and promoted the use of contraception. The club submitted the pamphlet to the principal for approval to distribute to the student body. On what grounds would the principal be justified in denying their request? The pamphlet would cause reasonable disruption to the orderly operations of the school. In which situation is prayer allowed in public schools? If the prayer is initiated by students and does not use school resources, it is not an act of the government and would be permissible. With the passage of ESSA, which accountability measure under NCLB were states no longer responsible for meeting? Under ESSA, states were no longer responsible for meeting AYP goals. Which aspect of education is typically within the control of local school boards? The curriculum offered within a specific district is typically within the control of the local school board. Which criterion for educational programs targeting ELs was NOT established by Castañeda v. Pickard? Programs must occur in classrooms outside the general education setting. The United States Court of Appeals for the Fifth Circuit set up three criteria to use to evaluate bilingual education programs: the programs must be based on sound educational theory; the programs must be implemented effectively with resources for personnel, materials, and physical space; and the programs must be proven effective in overcoming language barriers after a trial period. During a school talent show, a student performed a rap song that negatively targeted and criticized several students and teachers at the school. The performance was the basis for a fight at lunch. Under which basis is disciplinary action by school administration warranted because the student overreached his First Amendment rights? Defamatory expression can constitute material and substantive disruption. Many school boards have adjusted their policies on student dress and hairstyles. What is the major influence on these decisions? To regulate hairstyle or dress, there must be a valid educational rationale. Such displays can still be a substantial disruption. However, what is deemed acceptable at this time may be altered. A principal receives a call from a parent stating that her child informed her of a student who has been selling drugs at school. Which legal right gives school personnel the authority to search the student's locker and personal belongings? School personnel can search a student's locker and personal belongings based on reasonable suspicion. [Show Less]
Due Process 1) give notice to the individual of what they are being accused of and the rules that have been violated 2) allow both individuals to explain ... [Show More] their side of the infraction 3) execute a fair hearing Morse v. Frederick - 2007 School officials can prohibit students from displaying messages that promote illegal drug use 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. Separate but equal = UNCONSTITUTIONAL Tinker v. Des Moines (1969) Symbolic speech or students have freedom of speech as long as it does not cause a substantial disruption Bethel School District v. Fraser School authorities may sensor lewd, vulgar, or indecent expression and can decide what falls in the prohibited categories New Jersey v. TLO - 1980 students may be searched without a warrant if there is "reasonable ground" for doing so. Lemon Test 3-part test for Establishment Clause cases a law must pass to be constitutional - 1) government action must have a non-religious purpose 2) have a primary effect that neither advances nor impedes religion 3) avoid excessive government entanglement with religion IDEA 1990 ensures that children with disabilities receive a FAPE and related services designed to meet their unique needs; applies to students age 3-21; IEP reviewed annually; LRE appropriate to needs 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 Common School Movement movement to have all children, regardless of background, taught in a common place Compulsory Attendance Act 1852-1st law requiring students to participate in school, mandatory 8-14 years old National Defense Education Act (NDEA) 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. Improving America's Schools Act supports schools in moving all children toward higher academic standards 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) public school free schools supported by taxes; subject to all federal and state laws Every Student Succeeds Act (ESSA) Obama's act in 2015 that took over No Child Left Behind; states determine accountability standards 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.; funded with tax dollars but subject to fewer rules and regulations 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 (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 intentional tort tort in which the defendant means to commit the injurious act 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) use busing to desegregate schools 2) magnet schools 3) rezoning ADA covers virtually all aspects of society including transportation, public accommodations, telecommunications, etc. Rehabilitation Act of 1973 added people with disabilities to the list of Americans protected from discrimination multidisciplinary team members of an IEP team that have both an annual IEP meeting and a triannual review 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 separate but equal doctrine the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities De Jour Segregation segregation by law de facto segregation segregation by unwritten custom or tradition Swann v. Charlotte-Mecklenburg Board of Education Approved busing and redrawing district lines as ways of integrating public schools Lemon v. Kurtzman used to determine whether government actions violate the Establishment Clause (separation of church and state) Wallace v. Jaffree Moments of silent prayer at school are unconstitutional---moments of silence are not. Good News Club v. Milford Central School Religious clubs that engage in religious activities can meet after school. Lee v. Weisman Public schools may not have clergy lead prayers at graduation ceremonies; prohibits school-sponsored religious activities Santa Fe Independent School District v. Doe students may not lead prayers before the start of a football game at a public school Emerson v. Board of Education 1947-- Under the Establishment Clause, neither the federal government nor a state may "aid one religion, aid all religions, or prefer one religion over another" ESEA (Elementary and Secondary Education Act) A major piece of federal legislation that provides federal direction to education and federal funds for schools, first passed in 1965. NCLB (No Child Left Behind) Legislation championed by George W. Bush which mandated sanctions against schools that failed to meet federal performance standards; part of his campaign pledge to end "low expectations". ESSA (Every Student Succeeds Act) - Replaced no child left behind act - Ensures opportunity for all students Plyer v. Doe States can't deny education for illegal immigrants Lau v. Nichols equal vs. equitable treatment for LEP students. Supreme Court ruled that schools were to provide LEP students with support to learn English and content Bethel School District v. Fraser (1986) Gave public school officials the authority to suspend students for speech considered to be lewd or indecent Morse v. Frederick A student at a local high school hung up a banner saying "Bong Hits 4 Jesus" which advertises the use of marijuana. The principal ordered that the banner be taken down and the student be suspended. Result: School officials can prohibit students from promoting the use of drugs and does not violate the student's 1st A rights. A decision was not reached about whether Morse was immune to being sued, being a school official. Case is similar to Hazelwood. 4th Amendment Freedom from unreasonable searches and seizures Horton v. Goose Creek Independent School District Before school officials can search a student, they must have a reasonable suspicion. Dogs can sniff the lockers and cars, but not the students. The courts ruled that the dogs could sniff the lockers and cars without violating the students' Fourth Amendment rights because the lockers and cars were unattended and in public view, therefore it was not technically a search. They ruled that it was unconstitutional, and unreasonable, for the dogs to sniff the students because the officials did not have an individual suspicion that the student or students were carrying an illegal substance. Vernonia School District v. Acton Random drug testing of athletes does not violate the search and seizure clause of the fourth amendment 5th Amendment right to due process Dixon v. Alabama State Board of Education end of doctrine that colleges and universities could act in loco parentis to discipline and expel their students FERPA (Family Educational Rights and Privacy Act) A federal law that regulates the management of student records and disclosure of information from those records. The Act has its own administrative enforcement mechanism. Gonzaga University v. Doe court ruled that individuals cannot bring damages suits for FERPA violations because the law doesn't create privately enforceable rights HIPAA (Health Insurance Portability and Accountability Act) developed to improve efficiency and effectiveness of the health care system People v Dukes student, 17, was searched via metal detector and a knife was found, which became admissible in court--minimally intrusive in loco parentis Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Child Abuse and Treatment Act provides funding in support of prevention, assessment, investigation, prosecution, and treatment of activities [Show Less]
Brown v. Board of Education Which case ruled that school segregation for students violated the Equal Protection Clause of the Fourteenth Amendment? ... [Show More] Rezoning Which remedy often proved to be the least expensive way to assist in the desegregation of schools? It's primary effect must not advance or inhibit religion. It must have a secular purpose. It must not result in excessive government entanglement. Which criterion is used as part of the Lemon test to determine whether a government action violated the Establishment Clause? The pamphlet would cause reasonable disruption to the orderly operations of the school. A group of high school students created an after-school club for LGBTQ youth. As part of their work, the club created a pamphlet on sexually transmitted diseases and promoted the use of contraception. The club submitted the pamphlet to the principal for approval to distribute to the student body. On what grounds would the principal be justified in denying their request? Private prayer initiated by students that does not use school resources In which situation is prayer allowed in public schools? Adequate yearly progress With the passage of ESSA, which accountability measure under NCLB were states no longer responsible for meeting? Curriculum offered within the district Which aspect of education is typically within the control of local school boards? Programs must be based on sound educational theory. Programs must be implemented effectively. Programs must be proven effective in overcoming language barriers after a trial period. Which criterion for educational programs targeting ELs was established by Castañeda v. Pickard? Material and substantive disruption During a school talent show, a student performed a rap song that negatively targeted and criticized several students and teachers at the school. The performance was the basis for a fight at lunch. Under which basis is disciplinary action by school administration warranted because the student overreached his First Amendment rights? Such displays do not cause substantive disruption to the orderly operations of the school. Many school boards have adjusted their policies on student dress and hairstyles. What is the major influence on these decisions? Reasonable suspicion A principal receives a call from a parent stating that her child informed her of a student who has been selling drugs at school. Which legal right gives school personnel the authority to search the student's locker and personal belongings? Quietly interview the students listed to determine the reasonableness of a search. The Dean of students at a local high school received an anonymous email accusing the senior class President of selling drugs from his locker. The email included the class President's locker combination and a price list for the drugs, along with names of students who allegedly purchased the drugs. What is the appropriate administrative action based on this email? Freedom of Speech An assistant principal noticed two seventh-grade girls wearing controversial rock band T-shirts as they boarded the school bus for a field trip. The assistant principal removed the students and told them they could not go on the trip. The students were given in-school suspensions as an alternative. Which right did the assistant principal violate? Due Process An administrator suspends a student for five days pending a scheduled hearing to extend the suspension. During the five-day suspension, the administrator calls a meeting with the student and parent to explain the circumstances leading to the suspension and the need for a hearing. Of which aspect of school law is this meeting an example? The use of corporal punishment is permissible since it has not been found to violate the Eighth Amendment. In a suburban school district, two students fought in class, which caused a significant disruption to instruction. After removing the students from the classroom, the assistant principal hit each student three times with a paddle. Provided that the school is located in a state with no specific state-based legislation barring corporal punishment, how would the assistant principal's actions be justified? Create a plan to address the issue of harassment with the entire school population. A transgender student complains to the principal that he is being harassed and and being ridicule by students. He explains that this started in the class of a specific teacher, where it happens almost daily, and the teacher encourages the behavior and sometimes participates. The principal has a discussion with the teacher and moves the student to a different class to remedy the situation. Although the student had no further problems with the teacher, the harassment from the students intensified in common areas. The principal asks for the names of those students, but the transgender student does not provide them in fear of retaliation. The principal's response is that he can not address the issue or discipline those students if he does not know who they were. What action should the principal have taken to ensure he was not acting in deliberate indifference? Begin the formal cyber-bullying investigation process. A local high school junior disclosed to her counselor that a peer had been sending her vulgar and inappropriate texts via a messaging app. The student, reported that the texts included cruel references to her appearance and specifically stated various things that would happen if she shared this information with others. What is the appropriate next action for the counselor to take? FERPA Mrs. Gonzalez requested the most recent report card for her stepson, Jamie, from the front office. The records clerk stated he could not give the report card to her because she is not on the child's birth certificate. Which law supports Mrs. Gonzalez's request for student records? When the school is presented with a court order The police department calls the school to confirm that a 15-year-old student was present in class on a specific date and time. The individual calling notes that there a court order that substantiates this request According to FERPA, when can the school release this information? Title IX of the Education Amendments of 1972 A principal at a middle school that hosts a coed soccer team has been receiving complaints about particular male players harassing and ridiculing the female players. Under which law must the principal act to address these complaints? Students must be able to bench press 100 pounds to participate in track and field. Which situation would be a violation of Title IX? Freedom of Religion A middle school science teacher requested three personal days off in a row in early September. The principal denied the request because of the need for consistency and the lack of qualified substitutes in the district. The science teacher filed a grievance with the school board stating that she requested the days in observance of the Jewish High Holy Days. Which constitutional rights of the teacher may have been violated? Yes; it is permitted if there is a reasonable suspicion of drug use. A school asks only one teacher to participate in drug testing. On a number of occasions the principal has received multiple reports from other teachers and students that the teacher smelled of marijuana. Is the testing permitted, considering the teacher's expectation of privacy? [Show Less]
In what state did Horace Mann begin the Common School Movement? Massachusetts Which U.S. Supreme Court decision upheld the constitutionality of rac... [Show More] ial segregation in public facilities, including schools, that infamously came to be known as "separate but equal"? Plessy v. Ferguson Which subgroup of students must schools support when using Title I funding to provide supplemental academic programs? Economically disadvantaged students Which amendment of the U.S. Constitution limits the practice of religion in schools? First Amendment Which types of meetings are subject to state open meeting laws known as sunshine laws? School Board Meetings What are state legislative bodies responsible for? Requirements for student graduation Which type of educational law has inuenced how a school district develops their programs for English learners? Case law Which school board practice is often used as a means of ensuring or ignoring the ruling that "separate but equal" is unconstitutional? School attendance zones Which testing school practice was influenced by Brown v. Board of Education? Subgroup data analysis of testing results What would be the purpose of changing school zone boundaries? Desegregation of schools Which ruling was violated when students with disabilities were placed in separate schools? 14th Amendment What is the motivation for communities seceding from school districts? Circumventing integration Which amendment does the Lemon test determine violation of? First Amendment Which legal justification is used by some states for the use of public funds to purchase textbooks for students in parochial schools? The child benefit theory Which law provides protection to students who choose to kneel during the Pledge of Allegiance? First Amendment Which law would allow a student worship club to hold after school meetings on a high school campus, given the school has a limited open forum? Equal Access Act A rural elementary school allows a moment of meditation during the first period of the day. Some students engage in a silent prayer during this period. Teachers express concern that this period promotes prayer in school. Based on case law surrounding prayer in schools, how should the administrator respond? Continue using the meditation period as is since it is not designed to promote religion. Which action do local authorities have the right to take when states maintain control over curriculum in public schools? Provide additions to curriculum beyond those required by the state What did the U.S. Supreme Court decision in Lau v. Nichols require of public schools? That they provide supplemental language instruction to students with limited English proficiency Which criterion did Castañeda v. Pickard set for educational programs targeting English learners? Programs must be based on research. Which U.S. Supreme Court case established that schools must provide supplemental supports to English learners? Lau v. Nichols What is the Tinker test often used for? To determine a violation of First Amendment rights A group of students wore shirts with political messages displayed on them. The principal received several complaints from parents that evening who demanded they be banned from wearing clothing with political messages that could be viewed as offensive or insensitive to specific groups of students at the school. Which court case ruling should the principal apply in deciding whether to ban students from wearing clothing with political messages? Tinker v. Des Moines Which student rights were found to be violated In the landmark case of T.L.O. v. New Jersey? Unreasonable search and seizure A high school principal gets an anonymous call that several students at the school are members of rival neighborhood gangs and that tension has severely escalated over the weekend. The individual is afraid that the conflict will carry into school on Monday morning and gun violence could ensue. Since the caller did not provide specific names of students, the principal decided to call the local police department for assistance in searching every student with metal detectors prior to entering the school for the next week. Several parents began calling saying that their child was not involved in any of this and that forcing them to go through a metal detector search was a violation of their Fourth Amendment rights. What response should the principal provide in reaction to the parent complaints? The use of metal detectors does not violate student Fourth Amendment rights when the element of danger is adequate and justified. During lunch, an assistant principal is approached by several students stating that they saw another student with a knife in his locker. After searching the student's locker, no knife was found. Considering that student lockers are explicitly stated as the personal property of students in the school's handbook, the student's parents were upset that the search took place and complained that the school violated their child's Fourth Amendment rights. They continued that they believe the assistant principal only searched his locker due to his history of discipline issues and his label as a "problem student." Which assessment of the school's actions is accurate in relation to the student's Fourth Amendment rights? The school did not violate the student's Fourth Amendment rights due to reasonable suspicion. When is procedural due process applied during student discipline? When the student is made aware of charges During a high-stakes, state mathematics exam, a classroom teacher observed a student looking at the answers of another student. The student glanced back and forth at the screen and changed several answers on the test. What must the school administrator do prior to suspending the student? Conduct a thorough investigation of the alleged incident A hearing is scheduled to determine disciplinary action for a student. A notice of the hearing is sent to the student with a description of the charges and the implications of those charges. Which aspect of procedural due process is the notice of the hearing? Fairness In a state where corporal punishment of students by school officials is against the law, a parent offers to provide written consent to allow the principal to spank her child in lieu of suspension. The child frequently misbehaves, and the parent is frustrated with the child's misbehavior and cannot afford to continue providing child care when he is suspended or take off work to attend conferences with the principal and teacher. Which response to the parental request is appropriate? Notify the parent that corporal punishment is against the law in their state, even if a parent provides consent. Two students at a high school get into a physical fight during lunch, and one student suffered a concussion. As a result of the injury, the principal decides to expel the student who caused the injury for the rest of the semester. The student argues that the injury was not intentional and that he was not the aggressor and only acted in self-defense. What is the appropriate next step given the length of the proposed expulsion and the student's defense claim? Formal hearing A local high school junior disclosed to her counselor that a peer had been sending her vulgar and inappropriate texts via a messenger application. She reported that the texts included cruel references to her appearance and specifically stated various things that would happen if she shared this information with others. What is the appropriate action for the counselor to take? Inform administration and begin the formal cyberbullying investigation process A student at a large high school shared with the assistant principal several posts on social media by another student. The posts used derogatory comments about the student's sexual orientation and appearance. After reviewing the posts, the assistant principal did not follow through with an investigation into the incidents. How does Title IX define the assistant principal's response? Deliberate indifference A parent questions the contents of a student's educational record. While at the school, the parent is asked to sign a document requesting access to all documents. At that time, the parent is notified that the principal, assistant principal, and school psychologist have access to the records. The parents can see the records have been signed out on three different occasions with only the date and time of access. The parent asks for a hearing to challenge the material in the record. Which aspect of the Family Educational Rights and Privacy Act (FERPA) has been violated in this scenario? Access to student records must be identified by title of staff members Using a key to grade student final exams, a teacher records the grades into a gradebook. Under the Family Educational Rights and Privacy Act (FERPA), the student and parents make requests to view the information in the final exam key, gradebook, and teacher evaluation. Based on FERPA, which item is accessible to the parent? Grades for their own child Which complaints must an administrator swiftly address related to Title IX of the Education Amendments of 1972? High school coach inappropriately touching players A student refuses to change in the locker room before physical education class with other students and reveals to school administration that the discomfort stems from not identifying as the same gender of the students in that locker room. According to federal administrative guidance, which action could the administrator take to remedy the situation? Provide an alternative location for the student to change A transgender student approaches the school principal with a complaint. All teachers refer to the student using the preferred pronoun except for one. The student expresses that this is a Title IX issue and insists the teacher be removed from her position. Based on this scenario, what might the principal do next? Confirm the teacher understands which pronoun to use Applicants are asked to provide their religious affiliation during an organization's interview process. When is this application question permissible? When the organization is a private religious organization A staff member wears a large gold cross around her neck. The principal considers whether the cross should be allowed to be worn at school. What threshold might the principal consider with regard to the necklace? If the cross promotes a particular belief A small suburban school district allows multiple student after school activities, including sports and academic clubs. Because the school does not have the minimum number of athletes to compete, the teams are strictly intramural. The school requires drug testing of all participants in these activities. Under what parameters is this drug testing allowed under federal privacy laws? All extracurricular activities can be subject to drug testing. A second-year teacher in a small, rural school district continues to struggle with classroom management. The principal has provided ongoing feedback to this teacher regarding deficiencies and has completed both informal and formal evaluations. After the most recent evaluation, the teacher has earned an "ineffective" rating, which is the lowest on the district's scale. What must the principal do prior to non-renewal of the teacher's contract? Provide an opportunity to create an improvement plan and document steps the teacher has completed to remedy the deficiencies. An employee adopts a child and requests FMLA to be used at the end of one school year and the beginning of the next. What is the best legal action for adIn what state did Horace Mann begin the Common School Movement? Massachusetts Which U.S. Supreme Court decision upheld the constitutionality of racial segregation in public facilities, including schools, that infamously came to be known as "separate but equal"? Plessy v. Ferguson Which subgroup of students must schools support when using Title I funding to provide supplemental academic programs? Economically disadvantaged students Which amendment of the U.S. Constitution limits the practice of religion in schools? First Amendment Which types of meetings are subject to state open meeting laws known as sunshine laws? School Board Meetings What are state legislative bodies responsible for? Requirements for student graduation Which type of educational law has inuenced how a school district develops their programs for English learners? Case law Which school board practice is often used as a means of ensuring or ignoring the ruling that "separate but equal" is unconstitutional? School attendance zones Which testing school practice was influenced by Brown v. Board of Education? Subgroup data analysis of testing results What would be the purpose of changing school zone boundaries? Desegregation of schools Which ruling was violated when students with disabilities were placed in separate schools? 14th Amendment What is the motivation for communities seceding from school districts? Circumventing integration Which amendment does the Lemon test determine violation of? First Amendment Which legal justification is used by some states for the use of public funds to purchase textbooks for students in parochial schools? The child benefit theory Which law provides protection to students who choose to kneel during the Pledge of Allegiance? First Amendment Which law would allow a student worship club to hold after school meetings on a high school campus, given the school has a limited open forum? Equal Access Act A rural elementary school allows a moment of meditation during the first period of the day. Some students engage in a silent prayer during this period. Teachers express concern that this period promotes prayer in school. Based on case law surrounding prayer in schools, how should the administrator respond? Continue using the meditation period as is since it is not designed to promote religion. Which action do local authorities have the right to take when states maintain control over curriculum in public schools? Provide additions to curriculum beyond those required by the state What did the U.S. Supreme Court decision in Lau v. Nichols require of public schools? That they provide supplemental language instruction to students with limited English proficiency Which criterion did Castañeda v. Pickard set for educational programs targeting English learners? Programs must be based on research. Which U.S. Supreme Court case established that schools must provide supplemental supports to English learners? Lau v. Nichols What is the Tinker test often used for? To determine a violation of First Amendment rights A group of students wore shirts with political messages displayed on them. The principal received several complaints from parents that evening who demanded they be banned from wearing clothing with political messages that could be viewed as offensive or insensitive to specific groups of students at the school. Which court case ruling should the principal apply in deciding whether to ban students from wearing clothing with political messages? Tinker v. Des Moines Which student rights were found to be violated In the landmark case of T.L.O. v. New Jersey? Unreasonable search and seizure A high school principal gets an anonymous call that several students at the school are members of rival neighborhood gangs and that tension has severely escalated over the weekend. The individual is afraid that the conflict will carry into school on Monday morning and gun violence could ensue. Since the caller did not provide specific names of students, the principal decided to call the local police department for assistance in searching every student with metal detectors prior to entering the school for the next week. Several parents began calling saying that their child was not involved in any of this and that forcing them to go through a metal detector search was a violation of their Fourth Amendment rights. What response should the principal provide in reaction to the parent complaints? The use of metal detectors does not violate student Fourth Amendment rights when the element of danger is adequate and justified. During lunch, an assistant principal is approached by several students stating that they saw another student with a knife in his locker. After searching the student's locker, no knife was found. Considering that student lockers are explicitly stated as the personal property of students in the school's handbook, the student's parents were upset that the search took place and complained that the school violated their child's Fourth Amendment rights. They continued that they believe the assistant principal only searched his locker due to his history of discipline issues and his label as a "problem student." Which assessment of the school's actions is accurate in relation to the student's Fourth Amendment rights? The school did not violate the student's Fourth Amendment rights due to reasonable suspicion. When is procedural due process applied during student discipline? When the student is made aware of charges During a high-stakes, state mathematics exam, a classroom teacher observed a student looking at the answers of another student. The student glanced back and forth at the screen and changed several answers on the test. What must the school administrator do prior to suspending the student? Conduct a thorough investigation of the alleged incident A hearing is scheduled to determine disciplinary action for a student. A notice of the hearing is sent to the student with a description of the charges and the implications of those charges. Which aspect of procedural due process is the notice of the hearing? Fairness In a state where corporal punishment of students by school officials is against the law, a parent offers to provide written consent to allow the principal to spank her child in lieu of suspension. The child frequently misbehaves, and the parent is frustrated with the child's misbehavior and cannot afford to continue providing child care when he is suspended or take off work to attend conferences with the principal and teacher. Which response to the parental request is appropriate? Notify the parent that corporal punishment is against the law in their state, even if a parent provides consent. Two students at a high school get into a physical fight during lunch, and one student suffered a concussion. As a result of the injury, the principal decides to expel the student who caused the injury for the rest of the semester. The student argues that the injury was not intentional and that he was not the aggressor and only acted in self-defense. What is the appropriate next step given the length of the proposed expulsion and the student's defense claim? Formal hearing A local high school junior disclosed to her counselor that a peer had been sending her vulgar and inappropriate texts via a messenger application. She reported that the texts included cruel references to her appearance and specifically stated various things that would happen if she shared this information with others. What is the appropriate action for the counselor to take? Inform administration and begin the formal cyberbullying investigation process A student at a large high school shared with the assistant principal several posts on social media by another student. The posts used derogatory comments about the student's sexual orientation and appearance. After reviewing the posts, the assistant principal did not follow through with an investigation into the incidents. How does Title IX define the assistant principal's response? Deliberate indifference A parent questions the contents of a student's educational record. While at the school, the parent is asked to sign a document requesting access to all documents. At that time, the parent is notified that the principal, assistant principal, and school psychologist have access to the records. The parents can see the records have been signed out on three different occasions with only the date and time of access. The parent asks for a hearing to challenge the material in the record. Which aspect of the Family Educational Rights and Privacy Act (FERPA) has been violated in this scenario? Access to student records must be identified by title of staff members Using a key to grade student final exams, a teacher records the grades into a gradebook. Under the Family Educational Rights and Privacy Act (FERPA), the student and parents make requests to view the information in the final exam key, gradebook, and teacher evaluation. Based on FERPA, which item is accessible to the parent? Grades for their own child Which complaints must an administrator swiftly address related to Title IX of the Education Amendments of 1972? High school coach inappropriately touching players A student refuses to change in the locker room before physical education class with other students and reveals to school administration that the discomfort stems from not identifying as the same gender of the students in that locker room. According to federal administrative guidance, which action could the administrator take to remedy the situation? Provide an alternative location for the student to change A transgender student approaches the school principal with a complaint. All teachers refer to the student using the preferred pronoun except for one. The student expresses that this is a Title IX issue and insists the teacher be removed from her position. Based on this scenario, what might the principal do next? Confirm the teacher understands which pronoun to use Applicants are asked to provide their religious affiliation during an organization's interview process. When is this application question permissible? When the organization is a private religious organization A staff member wears a large gold cross around her neck. The principal considers whether the cross should be allowed to be worn at school. What threshold might the principal consider with regard to the necklace? If the cross promotes a particular belief A small suburban school district allows multiple student after school activities, including sports and academic clubs. Because the school does not have the minimum number of athletes to compete, the teams are strictly intramural. The school requires drug testing of all participants in these activities. Under what parameters is this drug testing allowed under federal privacy laws? All extracurricular activities can be subject to drug testing. A second-year teacher in a small, rural school district continues to struggle with classroom management. The principal has provided ongoing feedback to this teacher regarding deficiencies and has completed both informal and formal evaluations. After the most recent evaluation, the teacher has earned an "ineffective" rating, which is the lowest on the district's scale. What must the principal do prior to non-renewal of the teacher's contract? Provide an opportunity to create an improvement plan and document steps the teacher has completed to remedy the deficiencies. An employee adopts a child and requests FMLA to be used at the end of one school year and the beginning of the next. What is the best legal action for administration based on this scenario? Approve the leave based on FMLAministration based on this scenario? Approve the leave based on FMLA [Show Less]
A patient is experiencing withdrawal from opioids. A nurse expects to see which assessment finding most commonly associated w/acute opioid withdrawal? a) ... [Show More] elevated BP b) decreased pulse c) lethargy d) constipation a) elevated BP During treatment for withdrawal from opioids, the nurse expects which medication to be ordered? a) amphetamine (Dexedrine) b) clonidine (Catapres) c) diazepam (Valium) d) disulfiram (Antabuse) b) clonidine (Catapres) The nurse is presenting a seminar on substance abuse. Which drug is the most commonly used illicit drug in the US? a) crack cocaine b) heroin c) marijuana d) methamphetamine c) marijuana A patient who is taking disulfiram as part of an alcohol treatment program accidentally takes a dose of cough syrup that contains a small percentage of alcohol. The nurse expects to see which symptom as a result of acetaldehyde syndrome? a) lethargy b) copious vomiting c) HTN d) no ill effect because of the small amount of alcohol in the cough syrup b) copious vomiting The nurse is assessing a patient for possible substance abuse. Which assessment finding indicates possible use of amphetamines? a) lethargy and fatigue b) cardiovascular depression c) talkativeness and euphoria d) difficulty swallowing and constipation c) talkativeness and euphoria A patient experiencing ethanol withdrawal is beginning to show severe manifestations of delirium temens. the nurse will plan to implement which interventions for this patient? (select all that apply) a) doses of an oral benzodiazepine b) doses of an IV benzodiazepine c) restraints if the patient becomes confused, agitated, or a threat to himself or others d) thiamne supplementation e) oral disulfiram (Antabuse) treatment f) monitoring in the intensive care unit b) doses of an IV benzodiazepine c) restraints if the patient becomes confused, agitated, or a threat to himself or others d) thiamne supplementation f) monitoring in the intensive care unit A patient has been admitted to the ER after suspected overdose of benzodiazepines mixed w/alcohol. The patient is lethargic and cannot speak. The nurse expects which immediate measures to be implemented? (select all that apply) a) prepare to administer naloxone (Narcan) b) prepare to administer flumazenil c) monitor patient for convulsions d) prepare for potential respiratory arrest e) apply restraints b) prepare to administer flumazenil c) monitor patient for convulsions d) prepare for potential respiratory arrest [Show Less]
Which of the following is NOT part of the three priorities of fireground operations? A. Life safety B. Incident stabilization C. Property conservation ... [Show More] D. Public information D. Public information Firefighter safety is the responsibility of whom? All department members On average, there are approximately _________ firefighter line-of-duty deaths (LODD) per year in the United States. 105 The Standard on the Fire Department Occupational Safety and Health Programs is outlined in NFPA _______ 1500 NFPA 1500 and OSHA standards on occupational noise exposure requires that firefighters are provided with hearing protection when charted levels exceed ______ decibles. 115 PAR stands for Personnel Accountability Report A truss assembly can fail in _____ minutes under flame impingement 5-8 Kinks in a hoseline can reduce water volume up to ______ % 50 What does a Level 1 vacant building mean? Entry permitted What does a Level 2 vacant building mean? Enter with extreme caution What does a Level 3 vacant building mean? No entry LUNAR stands for Location, Unity, Name and Nature of the Problem, Air Supply and Assistance, and ________ Resources needed Emergency filters are rated to last how long? 15 minutes What is a DRD? Drag Rescue Device Which of the following is NOT part of the four basic components of the risk management plan? A. Risk identification B. Risk evaluation C. Risk control techniques D. Risk abatement D. Risk abatement Who has the emergency authority to alter, suspend, or terminate any operation he or she deems hazardous to the operating personnel? Safety officer What is the remedy for most unsafe conditions at the fire station? Proper and diligent house work It is best to place apparatus at a _______ degree angle with the ______ in the area furthest from the traffic. 45, hose bed Accountability is the responsibility of whom? Everyone ________ is the overriding concern of all fireground operations, firefighter training and station activities. Safety Injury management and documentation is _________ that will follow an individual through the treatment process, recovery process, and beyond. A paper trail In 2005, the IAFC created a safety awareness mechanism called "National Firefighter Safety Stand Down Week." This was later changed to ________ Safety, Health, and Survival Week The Rules of Engagement for Structural Firefighting are broken into two categories. These categories are ________ . Acceptability of Risk and Risk Assessment It is the responsibility of __________ to ensure that all personnel are safely on board and belted before the apparatus moves. Firefighter, Apparatus operator, Officer NFPA 1500 7.13 states the "Structural firefighting clothing shall be cleaned at least every ________" 6 months Failure to recognize the presence of truss roofs and floors, failure to chock a door, improper ventilation, and combining offensive and defensive attacks are examples of _________ Tacticle mistakes __________ is the acronym that is used when calling a mayday L.U.N.A.R Location Unit Name and nature of problem Air supply and assignment Resources needed Wall Breaching and The Detroit Dive are examples of _______ Self rescue "Don't be a slip and fall guy"; "Details should not equal disaster"; "All rigs are not created equal"; "Don't be a tool-let your equipment work for you"; "Respect your back or you'll wind up on it" are all examples of ways to _______ Prevent nonfireground injuries C.I.S.M stands for _______ Critical Incident Stress Management True or False: Firefighters can commit to interior offensive firefighting in abandoned and derelict buildings to ensure search and rescue for victims is complete True [Show Less]
Due Process 1) give notice to the individual of what they are being accused of and the rules that have been violated 2) allow both individuals to explain ... [Show More] their side of the infraction 3) execute a fair hearing 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, leading to the push for integration of schools. Tinker v. Des Moines A 1969 case in which decided that students can express private views as long as it does not cause a substantial disruption. (can be applied to cyber threats outside of school) Bethel School District v. Fraser School authorities may sensor lewd, vulgar, or indecent expression and can decide what falls in the prohibited categories New Jersey v. TLO A 1980 case that said students may be searched without a warrant if there is "reasonable ground" for doing so and if the scope of the search is reasonable. Lemon Test 3-part test for Establishment Clause cases a law must pass to be constitutional - 1) government action must have a non-religious purpose 2) have a primary effect that neither advances nor impedes religion 3) avoid excessive government entanglement with religion Individuals with Disabilities Education Act (IDEA) The 1990 amended form of the EAHCA that ensures that children with disabilities receive a FAPE and related services designed to meet their unique needs; applies to students age 3-21; IEP reviewed annually; LRE appropriate to needs. Education for All Handicapped Children Act (PL 94-142) The 1975 education legislation that established right of all children to free and appropriate education, and that provided funding to assist in educating kids with disabilities and bringing them into regular schools. Free and Appropriate Public Education the provision of IDEA that guarantees special education and related services to children with disabilities at public cost Common School Movement movement to have all children, regardless of background, taught in a common place; began in 1837 in Massachusetts; emphasized moral education and teaching political principles of a republic Compulsory Attendance Act 1852-1st law requiring students to participate in school, passed in Massachusetts, required kids 8-14 to attend school 12 weeks per year National Defense Education Act (NDEA) The 1958 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 instruction in math, science, and foreign language, as well as for guidance services & and teaching innovation. Improving America's Schools Act The 1994 reauthorization of the ESEA. Supported schools in moving all children toward higher academic standards. A Nation at Risk A 1983 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. Helped fuel the excellence movement. public school Schools supported by taxes; subject to all federal and state laws1 Every Student Succeeds Act (ESSA) Obama's act in 2015 that took over No Child Left Behind; states determine accountability standards 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 in line with their "charter" or performance contract, which establishes the schools' mission and goals; funded with tax dollars but subject to fewer rules and regulations. 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). Wallace v. Jaffree A 1985 court case which decided that moments of silent prayer at school are unconstitutional---moments of silence are not. Good News Club v. Milford Central School A 2001 court case that said religious clubs that engage in religious activities can meet just like any other club if the school allows for community groups to meet after school. Lee v. Weisman A 1992 case that said public schools may not have clergy lead prayers at graduation ceremonies; prohibits school-sponsored religious activities. Santa Fe Independent School District v. Doe A 2000 court case that builds on Lee v. Weisman to say students may not lead prayers before the start of a football game at a public school, as a school can't avoid an establishment clause violation by delegating decisions to students. Emerson v. Board of Education 1947-- Under the Establishment Clause, neither the federal government nor a state may "aid one religion, aid all religions, or prefer one religion over another" ESEA (Elementary and Secondary Education Act) A major piece of federal legislation inspired by the civil rights movement that provides federal direction to education and federal funds for schools, first passed in 1965. Emphasized high standards & accountability to close the achievement gaps created by race and poverty. NCLB (No Child Left Behind) The 2001 reauthorization of the ESEA, which required states to develop assessments in basic skills and test all children as a condition of receipt of federal funds. It required schools to make AYP and mandated sanctions against schools that failed to meet federal performance standards. Part of Bush's campaign pledge to end "low expectations". ESSA (Every Student Succeeds Act) The 2015 reauthorization of the ESEA. Eliminated AYP and offered states more flexibility if they adopted college & career ready standards and assessments. [Show Less]
Due Process No evidence may be admitted when it is obtained through illegal methods Morse v. Frederick - 2007 School officials can prohibit studen... [Show More] ts 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 intentional tort tort 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 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 [Show Less]
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