Sources of law which affect FL educators - ANSWER-U.S. Constitution; Federal and State Statutes; Rules/Regs by FLDOE, FLBOE, School Boards, Fire Marshalls,
... [Show More] etc.; State and Federal Court Decisions (case law, common law)
Amendment 1 - ANSWER-contains religion establishment (no government in religion) and free exercise clauses (individual can believe whatever) that are in dynamic tension. Also contains freedom of speech, press, right to peaceably assemble, and to petition the government for grievance (most often disputed)
Amendment 4 - ANSWER-search and seizure-must have warrant based on probable cause - must be specific (3rd most often disputed)
Amendment 8 - ANSWER-cruel and unusual punishment
Amendment 10 - ANSWER-powers of federal government that are not stated specifically are given to the states/people. Education is a responsibility of the state because it is not specifically described in the Constitution of the United States.
Amendment 14 - ANSWER-makes Bill of Rights applicable to the states as well as the federal government. It says that one cannot deprive life, liberty, or property without due process and contains equal protection (2nd most often disputed).
Civil Rights Act 1964 - ANSWER-protect individuals from discrimination in employment on the basis of sex, race, color, religion, or national origin.
Pregnancy Discrimination Act, 1987 - ANSWER-treat pregnancy the same as any other disabling illness
Title I of the Elementary and Secondary Education Act - ANSWER-provides financial assistance to local educational agencies and schools with high numbers or high percentages of children from low-income families to help ensure that all children meet challenging state academic standards.
Title IX - 1972 - ANSWER-treat children of both genders equally (admission exams, code of conducts, school attendance, counseling for occupations AND limits segregated classes).
Equal Pay Act - ANSWER-prohibits differential wages based upon gender.
Age Discrimination Act - 1978 - ANSWER-protects persons older than 40 years of age from employment discrimination.
Family Medical and Leave Act - 1993 - ANSWER-entitle employees to take reasonable unpaid leave for medical reasons, for the birth or adoption of a child, and for the care of a child or parent who has a serious health condition.
Americans with Disabilities Act - 1990 - ANSWER-prohibits discrimination and requires that persons with disabilities have equal access to and benefit of program services in the most integrated setting possible. Within school districts, the four broad areas that apply are: general nondiscrimination, equally effective communication, program accessibility, and equal employment opportunity.
Copyright Act - 1976 - ANSWER-protects the rights of creators of literary and artistic works.
Fair Use Doctrine - codified within Copyright Act of 1976 - ANSWER-allows limited reproduction and use without permission from the copyright owner, albeit under specified conditions (public libraries, computer programs, non-profit educational institutions)
Family Education Rights and Privacy Act (FERPA) 1976 - ANSWER-also called the Buckley Amendment - provides that federal funds be withheld from institutions and fail to comply with access and privacy of student records.
Federal Electronic Communications Act - 1986 - ANSWER-prohibits tapping of telephone or data lines. Employers do not need permission to monitor communications (email, phone, etc..). Also one party to email, either the sender or receiver, need give permission for the communication to be ready by anyone.
The No Child Left Behind Act of 2001 - ANSWER-intended to close the gap between disadvantaged and minority students and their peers. It has four principles: stronger accountability for results, expanded flexibility and local control, expanded options for parents of children from disadvantaged backgrounds, and an emphasis on teaching methods that have been proven to work.
Board of Education of the Westside Community Schools v. Mergens, 1990. - ANSWER-The U.S. Supreme Court ruled that students have the right to arrange their own groups in public schools, whether these groups are religious, political, or philosophical when a limited open forum exists.
Good News Club v. Milford Central School District, 2001 - ANSWER-The U. S. Supreme Court ruled that the school district engaged in viewpoint discrimination and violated the Good News Club's freedom of speech when the school district denied the Good News Club's request to use facilities.
West Virginia State Board of Education v. Barnette, 1943. - ANSWER-The U.S. Supreme Court ruled that required involvement in flag salute is unconstitutional.
Tinker vs. Des Moines Independent Community School District, 1969 - ANSWER-U.S. Supreme Court ruled that the wearing of armbands to protest the Vietnam War was symbolic speech protected by the 1st Amendment. The Court said that students and teachers do not shed their constitutional rights of freedom of speech or expression at the schoolhouse gate. The Court found no evidence that school authorities had reason to anticipate that the wearing of armbands would cause a substantial disruption.
Hazelwood School District vs. Kuhlmeier, 1988 - ANSWER-The U.S. Supreme Court supported the principal/school in regulating the content of school-sponsored newspapers.
New Jersey vs. T.L.O., 1985 - ANSWER-The U. S. Supreme Court ruled that the search of students by school officials is constitutionally permissible if the search is reasonable and not excessively intrusive.
Ingraham vs.Wright,1977 - ANSWER-U. S. Supreme Court ruled that the cruel and unusual clause of the 8th Amendment does not apply to corporal punishment in schools, because the schoolchild and prisoner stand in wholly different circumstances. Teachers may impose reasonable but not excessive force in the discipline of a child
Goss v. Lopez, 1975 - ANSWER-U. S. Supreme Court said that students facing suspensions have a protected property interest that must be given some kind of notice and afforded some kind of hearing.
Franklin vs. Gwinnett County Public Schools, 1992 - ANSWER-The Court ruled that school districts could be liable only for its own official actions and not for employee's independent actions.
Gebser vs. Lago Vista Independent School District, 1998 - ANSWER-U. S. Supreme Court ruled that the sexual harassment of a student by a teacher does not render the school district liable under title IX unless a school official had knowledge of the situation and responded with "deliberate indifference."
Davis vs.Monroe,1999 - ANSWER-U. S. Supreme Court ruled that student-to-student sexual harassment will render the school board liable when the school board acts with deliberate indifference.
S.A.C. (School Advisory Council) make up - ANSWER-Majority must by non-employees, include: principal, balanced number of teachers and other employees, students, parents, community members. Must be representative of the overall racial, ethnic, and economic diversity of the school.
Reasonable Suspicion in Schools - ANSWER-School officials need "reasonable suspicion" which is less rigorous than the requirement of probable cause. "Suspicion itself implies a belief or opinion based upon facts or circumstances that do not amount to proof."
Reporting Suspension to Parents - ANSWER-A good faith effort must be made to immediately inform the parent by telephone of the student's suspension and the reason. Each suspension and the reason must be reported in writing within 24 hours to the parent by United States mail. A good faith effort must be made to use parental assistance before suspension unless the situation requires immediate suspension.
Mills vs. Board of Education of District of Columbia, 1972 - ANSWER-The United States District Court, Court of Columbia ruled that the conduct of the District of Columbia Board of Education in denying children, who had been labeled as behavioral problems, mentally retarded, emotionally disturbed or hyperactive, a publicly supported education violated the due process clause. The court adopted a comprehensive plan that included: a free appropriate education, an individualized education program (IEP), and due process procedures. The groundwork for future federal legislation for disabled children had been laid.
Rehabilitation Act of 1973, Section 504 - ANSWER-states that there will be no exclusion from participation, no denying benefits, or no discrimination of "otherwise qualified" individuals with disabilities. It applies to all agencies receiving federal funds for any purpose. Five mandates pertain directly to education: location and notification, free appropriate education, educational setting, evaluation and placement, and procedural safeguards.
Civil Right Restoration Act of 1988 - ANSWER-amendedSection504ofthe Rehabilitation Act and clarified the language to remove all doubt that the law applies to all operations of public educational institutions. Children who currently suffer from impairments or are regarded as disabled in a way that substantially limits learning or another major life activity are eligible for referral, evaluation, and educational services and are protected from disability-based discrimination. On the other hand, children who have a "record of impairment" but are not currently disabled, are protected from disability-based discrimination but are not eligible for special education aids and services. [Show Less]