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WGU D017 SCHOOL LAW/ WGU D017 Bundled Exam (Graded A)
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WGU D017 School Law – Exam Questions with 100% correct Answers
In what state did Horace Mann begin the Common School Movement? - ANSWER-Massachusetts Which U.S. Supreme Court decision upheld the constitutionality of... [Show More] racial segregation in public facilities, including schools, that infamously came to be known as "separate but equal"? - ANSWER-Plessy v. Ferguson Which subgroup of students must schools support when using Title I funding to provide supplemental academic programs? - ANSWER-Economically disadvantaged students Which amendment of the U.S. Constitution limits the practice of religion in schools? - ANSWER-First Amendment Which types of meetings are subject to state open meeting laws known as sunshine laws? - ANSWER-School Board Meetings What are state legislative bodies responsible for? - ANSWER-Requirements for student graduation Which type of educational law has inuenced how a school district develops their programs for English learners? - ANSWER-Case law Which school board practice is often used as a means of ensuring or ignoring the ruling that "separate but equal" is unconstitutional? - ANSWER-School attendance zones Which testing school practice was influenced by Brown v. Board of Education? - ANSWER-Subgroup data analysis of testing results What would be the purpose of changing school zone boundaries? - ANSWER-Desegregation of schools Which ruling was violated when students with disabilities were placed in separate schools? - ANSWER-14th Amendment What is the motivation for communities seceding from school districts? - ANSWER-Circumventing integration Which amendment does the Lemon test determine violation of? - ANSWER-First Amendment Which legal justification is used by some states for the use of public funds to purchase textbooks for students in parochial schools? - ANSWER-The child benefit theory Which law provides protection to students who choose to kneel during the Pledge of Allegiance? - ANSWER-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? - ANSWER-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? - ANSWER-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? - ANSWER-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? - ANSWER-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? - ANSWER-Programs must be based on research. Which U.S. Supreme Court case established that schools must provide supplemental supports to English learners? - ANSWER-Lau v. Nichols What is the Tinker test often used for? - ANSWER-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? - ANSWER-Tinker v. Des Moines Which student rights were found to be violated In the landmark case of T.L.O. v. New Jersey? - ANSWER-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? - ANSWER-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? - ANSWER-The school did not violate the student's Fourth Amendment rights due to reasonable suspicion. When is procedural due process applied during student discipline? - ANSWER-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? - ANSWER-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? - ANSWER-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? - ANSWER-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? - ANSWER-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? - ANSWER-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? - ANSWER-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? - ANSWER-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. [Show Less]
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WGU D017 Exam 2023 Questions and Answers (Graded A)
Due Process - ANSWER-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 ... [Show More] explain their side of the infraction 3) execute a fair hearing Plessy v. Ferguson - ANSWER-1896 ruling that separate but equal facilities for different races were not unconstitutional. Brown v. Board of Education - ANSWER-1954 case that overturned Separate but Equal standard of discrimination, leading to the push for integration of schools. Tinker v. Des Moines - ANSWER-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 - ANSWER-School authorities may sensor lewd, vulgar, or indecent expression and can decide what falls in the prohibited categories New Jersey v. TLO - ANSWER-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 - ANSWER-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) - ANSWER-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) - ANSWER-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 - ANSWER-the provision of IDEA that guarantees special education and related services to children with disabilities at public cost Common School Movement - ANSWER-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 - ANSWER-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) - ANSWER-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 - ANSWER-The 1994 reauthorization of the ESEA. Supported schools in moving all children toward higher academic standards. A Nation at Risk - ANSWER-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 - ANSWER-Schools supported by taxes; subject to all federal and state laws1 Every Student Succeeds Act (ESSA) - ANSWER-Obama's act in 2015 that took over No Child Left Behind; states determine accountability standards private school - ANSWER-a school that is privately owned and doesn't rely on government money to operate charter schools - ANSWER-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 - ANSWER-Freedom of Religion, Speech, Press, Assembly, and Petition Civil Rights Act of 1964 - ANSWER-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 - ANSWER-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 - ANSWER-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 - ANSWER-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 - ANSWER-1972 legislation that prohibits schools that receive federal funding from discriminating, excluding, or denying benefits because of sex. Equal Protection Clause - ANSWER-14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination Tort Liability - ANSWER-The legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused. Negligence Tort Liability - ANSWER-A breach of duty to protect someone from harm that causes injury or leads to injury due to lack of supervision. Defamation - ANSWER-false expression that causes harm to someone's reputation (includes slander and libel) intentional tort - ANSWER-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 - ANSWER-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 - ANSWER-1) opening magnet schools, 2) rezoning districts, 3) busing students Americans with Disabilities Act (ADA) - ANSWER-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 - ANSWER-The 1973 legislation that added people with disabilities to the list of Americans protected from discrimination Role of federal government in schools - ANSWER-provide funding and enforce constitutional rights Role of state government in Schools - ANSWER-holds primary responsibility of education; can exercise authority over the local school board 14th Amendment - ANSWER-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 - ANSWER-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 - ANSWER-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 - ANSWER-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 - ANSWER-1971 case in which SCOTUS approved busing programs and redrawing district lines as ways of integrating public schools. Lemon v. Kurtzman - ANSWER-A 1971 court case used to determine whether government actions violate the Establishment Clause (separation of church and state). Wallace v. Jaffree - ANSWER-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 - ANSWER-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 - ANSWER-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 - ANSWER-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 - ANSWER-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) - ANSWER-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) - ANSWER-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) - ANSWER-The 2015 reauthorization of the ESEA. Eliminated AYP and offered states more flexibility if they adopted college & career ready standards and assessments. Plyer v. Doe - ANSWER-A 1982 case that decided states can't deny education for illegal immigrants Lau v. Nichols - ANSWER-equal vs. equitable treatment for LEP students. Supreme Court ruled that schools were to prov [Show Less]
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WGU D017 Education Law-Exam with complete solutions
Horace Mann began school reform in Massachusetts, 1837 - ANSWER-Innovators and reformers like Horace Mann and Henry Barnard made it possible for common sch... [Show More] ools to establish themselves as the first public schools in the nation. represented school reformers Common Schools - ANSWER-Public schools available to children from all levels of society. Common School movement began in Massachusetts in 1837 Compulsory attendance laws - ANSWER-laws requiring children to attend school for a certain part of the year. The new compulsory attendance statutes typically required parents to send children aged eight through fourteen to school for twelve weeks per year, six weeks of which had to be consecutive, unless exempted because of distance, poverty, physical or mental handicap, or other cause Compulsory Attendance Act of 1852 - ANSWER-the first law requiring student participation in schooling; however. it was passed by the state legislature of Massachusetts. The law included mandatory attendance for children between the ages of 8 and 14 for at least three months out of each year. Of these twelve weeks, at least six had to be consecutive. Parens patriae authority - ANSWER-occurs when the state takes responsibility from the parents for the care and custody of minors under the age of 18 parens patriae - ANSWER-A legal doctrine that gives the state the authority to act in a child's best interest. Commonwealth v. Hall (1983) - ANSWER-which upheld a similar truancy conviction, school boards have the discretionary authority to determine the appropriateness of school absences. National Defense Education Act (NDEA) - ANSWER-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. Education Consolidation & Improvement Act - ANSWER-Merged the federal Office of Gifted and talented with other federal programs. States received block grants to determine which programs and students to support. No Child Left Behind Act - ANSWER-A U.S. law enacted in 2001 that was intended to increase accountability in education by requiring states to qualify for federal educational funding by administering standardized tests to measure school achievement. Plessy v. Ferguson - ANSWER-a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal Improving America's Schools Act - ANSWER-1994 supports schools in moving all children toward higher academic standards; Clinton Brown vs. Board of Education of Topeka - ANSWER-1954- court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy v. Ferguson (1896) Every Student Succeeds Act (ESSA) - ANSWER-Obama's act in 2015 that took over No Child Left Behind Elementary and Secondary Education Act - ANSWER-1965 The Act is an extensive statute which funds primary and secondary education. This allowed the government to help those who cannot achieve a good education. Johnson Lemon vs. Kurtzman - ANSWER-The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion. Swann v. Charlotte-Mecklenburg Board of Education - ANSWER-In this 1971 Supreme Court Decision, the court ruled that, even though the schools in the district worked out to be only minimally integrated because of the full black or white neighborhood, the schools had to be intergraded based on the percentage of blacks in the whole district, meaning that blacks had to be bussed over great distances to integrate schools that naturally sat in all white neighborhoods. This cause a great push-back from middle America, who saw the end of the neighborhood school Wallace v. Jaffree - ANSWER-First Amendment/Establishment Clause - silent prayer in schools case, State endorsement of prayer activities in schools is prohibited by the First Amendment. Good News Club v. Milford Central School - ANSWER-Religious clubs that engage in religious activities can meet after school. Lee v. Weisman - ANSWER-Public schools may not have clergy lead prayers at graduation ceremonies Santa Fe Ind. School District v. Doe (2000) - ANSWER-school randomly selected a student to read a prayer over PA system before football games. Doe wins school is supporting religion by allowing it to happen Plyer v. Doe - ANSWER-Court case that determined that the 14th amendment prohibits states from denying a free public education to undocumented children. Prohibits schools from request of any documentation of legal status. Lau v. Nicols (1974) - ANSWER- Castaneda vs Packard - ANSWER- Hazelwood vs Kuhlkeimer - ANSWER- Tinker v. Des Moines (1969) - ANSWER-Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes Bethel School District v. Fraser (1986) - ANSWER-Gave public school officials the authority to suspend students for speech considered to be lewd or indecent Hazelwood School District v. Kuhlmeier - ANSWER-1988 - Under the First Amendment, school officials can censor non-forum student newspapers when they can justify their decision by stating an educational purpose. However, this decision does not allow school officials to censor articles wantonly or based on personal opinion. Morse v. Fredrick (Bong Hits for Jesus) - ANSWER- New Jersey v. TLO - ANSWER-Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so. Horton v Goose creek Indiana School District - ANSWER- Vernonia School District v. Acton (1995) - ANSWER-To ensure a safe learning environment, school officials may require random drug testing of students involved in extracurricular school sports teams. Dixon v. Alabama - ANSWER-Supreme Court rules that due process requires a student to receive notice and some opportunity for a hearing before being expelled for misconduct. People v Dukes - ANSWER- Ingraham v. Wright (1977) - ANSWER-Corporal punishment (students can't be paddled without a hearing) Pickering v. BOE - ANSWER-If adverse employment consequences are bases solely on protected expression on public issues, does the expression impede job performance, jeopardize relationships with superiors or coworkers, or interfere with agency operations? Connick v. Myers - ANSWER-public employee speaks NOT as a citizen upon matters of PUBLIC CONCERN (Conn. teacher - My Space) Connick v. Myers - ANSWER-Myers was not protected by the First Amendment because she had a private concern and was interfering with management. Garcetti v. Ceballos (2006) - ANSWER-Richard Ceballos, an employee of the Los Angeles District Attorney's office, found that a sheriff misrepresented facts in a search warrant affidavit. Ceballos notified the attorneys prosecuting the case stemming from that arrest and all agreed that the affidavit was questionable, but the D.A.'s office refused to dismiss the case. Ceballos then told the defense he believed the affidavit contained false statements, and defense counsel subpoenaed him to testify. Seeking damages in federal district court, Ceballos alleged that D.A.s in the office retaliated against him for his cooperation with the defense, which he argued was protected by the First Amendment. The district court ruled that the district attorneys were protected by qualified immunity, but the Ninth Circuit reversed and ruled for Ceballos, holding that qualified immunity was not available to the defendants because Ceballos had been engaged in speech that addressed matters of public concern and was thus protected by the First Amendment. Decision: The Supreme Court held that speech by a public official is only protected if it is engaged in as a private citizen, not if it is expressed as part of the official's public duties. Ceballos's employers were justified in taking action against him based on his testimony and cooperation with the defense, therefore, because it happened as part of his official duties. Mt. Healthy City School District v Doyle - ANSWER-even if a public emplyees expression is constitutionally protected, school officials are not prevented from discharging the employees is constitutionally protected, school officials are not prevented from discharging the employee as long as sufficient cause exists independent of protected speech. Compulsory attendance law - ANSWER-Mandatory for a child to attend school up to a certain age National Education Defense Act - ANSWER-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 - ANSWER-The Improving America's Schools Act of 1994 was a major part of the Clinton administration's efforts to reform education. It was signed in the gymnasium of Framingham High School. It reauthorized the Elementary and Secondary Education Act of 1965 NCLB - ANSWER-No Child Left Behind - 2001 Pres. Bush designed to promote "standards-based education reform" via assessments that measure progress; results often affect funding and administration control The Child Abuse and Treatment Act of 1984, also known as the Baby Doe Regulations: - ANSWER-is an amendment to the Child Abuse Prevention and Treatment Act of 1974, passed in 1984, that sets forth specific criteria and guidelines for the treatment of disabled newborns in the United States, regardless of the FERPA (Family Educational Rights and Privacy Act) - ANSWER-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. HIPAA Privacy Rule - ANSWER-Law that regulates the use and disclosure of patients' protected health information (PHI). Title IX of Education Act of 1972 - ANSWER-Prohibited gender discrimination in federally subsidized education programs Title VII of the Civil Rights Act of 1964 - ANSWER-Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of the employment relationship FMLA (Family and Medical Leave Act) - ANSWER-Federal law requiring organizations with 50 or more employees to provide up to 12 weeks of unpaid leave after childbirth or adoption; to care for a seriously ill family member or for an employee's own serious illness; or to take care of urgent needs that arise when a spouse, child, or parent in the National Guard or Reserve is called to active duty. 2 types of claims that commonly emerge are retaliation claims and interference claims ADA - ANSWER- Section 504 of the Rehabilitation Act of 1973 - ANSWER-Is a section of the a federal civil rights law which reads in part, that no "otherwise qualified handicapped individual" shall be excluded from participation in program or activity receiving federal financial assistance ("college, university or other post-secondary institution, or a public system of higher education") It is much broader in its definition of "handicap" than is the IDEA and it is a much more general law in that it doesn't not provide specific direction on how to address the needs of individuals with disabilities, referring only to the fact that schools must make "reasonable accommodations." Because of its broader definition students who do not qualify for special education services under the IDEA may be considered "handicap" under Section 504. PL 94-142 - ANSWER-Education for all Handicapped Children Act-1975 mandated FAPE, ensured due process, IEP and LRE idea - ANSWER-Individuals with Disabilities Education Act Educational laws vary from state to state - ANSWER-State and federal constitutional and statutory provisions provide a framework governing how schooling is structured. Educational law also provides a framework that protects the legal rights of students and school employees. Case Law - ANSWER-the rules of law announced in court decisions Common Law - ANSWER-A legal system based on custom and court rulings charter schools - ANSWER-public schools run by private entities to give parents greater control over their children's education private school - ANSWER-a school funded by tuition charges, endowments, and often religious or other nonprofit sponsors Fourteenth Amendment - ANSWER-1868 A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians. [Show Less]
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WGU D017School law-Exam Questions and Answers (Graded A)
Due Process - ANSWER-No evidence may be admitted when it is obtained through illegal methods Morse v. Frederick - 2007 - ANSWER-School officials can pro... [Show More] hibit students from displaying messages that promote illegal drug use Chandler - ANSWER-Particularized suspicion is required before government can intrude on an Individuals right of privacy Plessy v. Ferguson - ANSWER-1896 ruling that separate but equal facilities for different races were not unconstitutional. Brown v. Board of Education - ANSWER-1954 case that overturned Separate but Equal standard of discrimination in education. Brown II, 1995 - ANSWER-Outcome was to mandate to desegregate schools with all deliberate speed Tinker v. Des Moines (1969) - ANSWER-Symbolic speech or students have freedom of speech as long as it is not a disruption Bethel School District v. Fraser - ANSWER-Schools may punish students for using vulgar language during a school assembly. Hazelwood School District v. Kuhlmeier - ANSWER-1988 SuCo: Censorship of school newspapers is constitutional. New Jersey v. TLO - 1980 - ANSWER-students may be searched without a warrant if there is "reasonable ground" for doing so. Lemon v. Kurtzman - 1971 - ANSWER-Three tests are described for deciding whether the government is improperly involved with religion Lemon Test - ANSWER-3-part test for Establishment Clause cases a law must pass to be constitutional. (Lemon v Kurtzman IDEA 1990 - ANSWER-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 - ANSWER-The act requiring certain federal contractors to take affirmative action for disabled persons. Section 504 - ANSWER-Temporary affected by an illness, drug abuse, psychological trauma, or special modifications Education for All Handicapped Children Act of 1975 - ANSWER-Established right of all children to free and appropriate education Free and Appropriate Public Education - ANSWER-the provision of IDEA that guarantees special education and related services to children with disabilities at public cost PICS v. Seattle School District - ANSWER-2007, school districts cannot use race as a factor for acceptance Common School Movement - ANSWER-movement to have all children, regardless of background, taught in a common place parens patriae - ANSWER-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 - ANSWER-Mandatory for a child to attend school up to a certain age Compulsory Attendance Act - ANSWER-1852-1st law requiring students to participate in school, mandatory 8-14 years old National Defense Education Act - ANSWER-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 - ANSWER-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 - ANSWER-supports schools in moving all children toward higher academic standards Every Student Succeeds Act (ESSA) - ANSWER-Obama's act in 2015 that took over No Child Left Behind public school - ANSWER-free schools supported by taxes private school - ANSWER-a school that is privately owned and doesn't rely on government money to operate charter schools - ANSWER-Public schools that have been given the autonomy to establish their own curricula and teaching practices. Child Benefit Theory - ANSWER-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 - ANSWER-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 - ANSWER-Freedom of Religion, Speech, Press, Assembly, and Petition Civil Rights Act of 1964 - ANSWER-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) - 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. Castaneda v. Pickard - ANSWER-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 - ANSWER-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 - ANSWER-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 - ANSWER-14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination Tort Liability - ANSWER-The legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused Negligence Tort Liability - ANSWER-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 [Show Less]
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WGU D017 School Law -Exam 2023 Questions and Answers
Common School Movement (1820-1865) - ANSWER-Horace Mann and Henry Barnard Primary schools teaching the rudiments to all who needed it. Goal was to make th... [Show More] e population more moral citizens. A Nation at Risk - ANSWER-1983 National Commission report calling for extensive educational reforms, including more academic course requirements, more stringent college entrance requirements, upgraded and updated textbooks, and longer school days and year. Types of Schools - ANSWER-Public - funded through taxes and subject to all federal and state laws. Private - funded by grants, donations and student tuition and is not subject to federal or state laws. Charter- The charter is a performance contract which establishes the school's mission and goals. They can select (randomly) who attends the school and are funded by tax dollars and take the same tests as public schools. -Get less per pupil than public schools. Role of Government in Schools - ANSWER-Federal - can influence education thorough funding powers and enforcement of constitutional rights. States - have absolute power to make laws governing education. Create state laws and has state agencies to adopt regulations. Federal Legislation - ANSWER-Law at the highest or national level of a federal government, consisting of a constitution, enacted laws and court decisions pertaining to them. In education compliance is usually attached to funding. State Legislation - ANSWER-State legislatures pass laws on issues. Example: compulsory attendance laws. Must be constitutional. Federal and State Regulations - ANSWER-Supplements to the law that are legally binding. Help explain how the law should be interpreted and implemented. Case or Common Law - ANSWER-the body of law made up of judicial opinions and precedents State Court Structure - ANSWER-Varies by state but general includes trial court, state courts of appeal, and a state supreme court. Any federal question would go to the US District Court instead of the Trial court. Separate but Equal Doctrine - ANSWER-The doctrine established in Plessy v. Ferguson that African Americans could constitutionally be kept in separate but equal facilities. De Jour Segregation vs De Facto Segregation - ANSWER-De Jour - unnatural or forced state mandated segregation. -unconstitutional De Facto - natural segregation caused by house patterns for example. -not unconstitutional Brown v. Board of Ed. of Topeka - ANSWER-"We conclude that in the field of public education the doctrine of 'separate-but-equal' has no place. Separate educational facilities are inherently unequal." Demonstrated that education is a civil right and therefore discrimination in education is unconstitutional. Unitary System - ANSWER-Court has defined a unitary system as the status a school system achieves "when it no longer discriminates between school children on the basis of race," ReZoning of Schools - ANSWER-Because of a long history of gerrymandering boundary lines with the intent to segregate, many school boundaries during the 1950s and 1960s had little to do with geographic barriers (e.g., rivers, hills); safety issues (e.g., location of busy roads, factories); or the size, location, or dispersion of the student population. When the schools were rezoned with good faith the schools were better integrated. 1st Amendment (Religion,speech, press, assembly, petition) - ANSWER-Establishment Clause - Prohibits the government from establishing an official church Free Exercise Clause - Allows people to worship as they please. Defamatory, obscene and inflammatory communication, lewd and vulgar comments and expression promoting illegal activity for minors are outside the protective arm of the First Amendment. Free speech is limited in schools because they are limited public forums. Constitutional limits of religious expression for teachers and for students. How are they different? - ANSWER-Students have a free exercise right to engage in private devotional activities in public schools as long as they do not interfere with regular school activities. Teachers - When acting in their official capacities as representatives of the State, teachers, school administrators, and other school employees are prohibited by the First Amendment from encouraging or discouraging prayer, and from actively participating in such activity with students. Church and State Relations - ANSWER-Students and teachers are not required to pledge allegiance to the flag and can sit or stand during this part of the day. States clearly have the authority to require vaccination against communicable diseases as a prerequisite to school attendance. Religious exemptions can be made for components to the state prescribed curriculum. teachers cannot assert a free exercise right to disregard aspects of the state-prescribed curriculum but students can. Evolution can be taught because it is science and creationism can not be because it is religious and has no scientific backing. 4th Amendment (Search and Seizure) - ANSWER-The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized. School personnel can search students' lockers or personal belongings based on reasonable suspicion that the student possesses contraband that is either illegal or in violation of school policy. -Lockers are school property and subject to inspection. Under the probable cause standard, a governmental official must have reasonable grounds of suspicion, supported by sufficient evidence, to cause a cautious person to believe that the suspected individual is guilty of the alleged offense and that the search will produce evidence of the crime committed. The search must be justified and the scope of the search must be reasonable. Seizure A seizure occurs when individuals feel they are not free to leave, such as when students are detained by school administrators for questioning. 5th Amendment - ANSWER-In part, the Fifth Amendment provides that no person shall be "compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation." 14th Amendment (Due process, equal protection) - ANSWER-Protects students from being treated differently based solely on a single distinguishing characteristic and from illegal search and seizure. The Equal Protection Clause provides courts with the foundation to judge whether or not the classification of a group of individuals is intentional in order to discriminate against those individuals. Due process deals with the administration of justice and acts as a safeguard from arbitrary denial of life, liberty, or property by the government. procedural due process; substantive due process, a prohibition against vague laws. Compulsory Attendance Act 1852 - ANSWER-State level law: mandates attendance in public schools (or authorized alternatives) by children within certain age ranges for specific periods of time within the year. Was originally passed in the northeast to combat the number of illiterate slaves and uneducated poor Irish Catholics immigrating. (Dangerous classes) National Education Defense Act 1958 - ANSWER-Enacted by Eisenhower in response to the launching of Sputnik by Russia. The act expanded the amount of federal funds allocated to elementary and secondary education dramatically with hopes of preparing a new generation of highly educated citizens who would advance the United States' reputation as a leader in scientific innovation. Focus was on STEM and gifted students who could not afford to go to college. Elementary and Secondary Education Act 1965 - ANSWER-Massive federal aid to education, most notably the improvement of educational opportunity for the poor. Several titles in the act to fund different initiatives; Title 1: low income students Title 2: support school libraries and textbooks for private and public schools. Title 3: Adult education act Title 4: educational research and training Title 6: Ed for those with disabilities Title 7 Vocational ed Title 8 definition of gifted and talented Title 9: protects against sex-discrimination Improving America's Schools Act 1994 - ANSWER-Bill Clinton's re-authorization of ESSA. Changed title 1 requirements to include more schools, create math/reading standards, and allow schools to waive certain title 1 requirements. NCLB - ANSWER-The 2001 re-authorization of ESEA under President George W. Bush Yearly standardized tests measured how schools were performing against the achievement bars set by Title I. Schools were also responsible for publishing annual report cards that detailed their student achievement data and demographics. Schools were now held accountable not only by punitive measures that would be taken if schools fail to meet Adequate Yearly Progress (AYP) Required teachers to be "highly qualified" to receive funding. While NCLB helped in closing achievement gaps and mandating transparency, it also had problems. The law created incentives for states to lower their standards, emphasized punishing failure over rewarding success, focused on scores instead of growth and progress, and prescribed a pass-fail, one-size-fits-all series of interventions for schools that miss their state-established goals ESSA 2015 - ANSWER-Obama's re-authorization of ESSA. Leaves standardized testing in place Lessens impact of test scores Encourages the use of Common Core Gives more flexibility to states and districts Tinker Test - ANSWER-3 prong test that allows government to set reasonable rules to regulate protest speech. Speech can be regulated if it disrupts the educational process or collides with the rights of others. [Show Less]
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