Due Process
No evidence may be admitted when it is obtained through illegal methods
Morse v. Frederick - 2007
School officials can prohibit
... [Show More] students from displaying messages that promote illegal drug use
Chandler
Particularized suspicion is required before government can intrude on an Individuals right of privacy
Plessy v. Ferguson
1896 ruling that separate but equal facilities for different races were not unconstitutional.
Brown v. Board of Education
1954 case that overturned Separate but Equal standard of discrimination in education.
Brown II, 1995
Outcome was to mandate to desegregate schools with all deliberate speed
Tinker v. Des Moines (1969)
Symbolic speech or students have freedom of speech as long as it is not a disruption
Bethel School District v. Fraser
Schools may punish students for using vulgar language during a school assembly.
Hazelwood School District v. Kuhlmeier
1988 SuCo: Censorship of school newspapers is constitutional.
New Jersey v. TLO - 1980
students may be searched without a warrant if there is "reasonable ground" for doing so.
Lemon v. Kurtzman - 1971
Three tests are described for deciding whether the government is improperly involved with religion
Lemon Test
3-part test for Establishment Clause cases a law must pass to be constitutional. (Lemon v Kurtzman
IDEA 1990
normalization principle
1. FAPE
2. Notification and procedural rights for parents
3. Identification and services to all children
4. Necessary related services
5. Individualized assessments
6. IEP's
7. LRE
Vocational Rehabilitation Act of 1973
The act requiring certain federal contractors to take affirmative action for disabled persons.
Section 504
Temporary affected by an illness, drug abuse, psychological trauma, or special modifications
Education for All Handicapped Children Act of 1975
Established right of all children to free and appropriate education
Free and Appropriate Public Education
the provision of IDEA that guarantees special education and related services to children with disabilities at public cost
PICS v. Seattle School District
2007, school districts cannot use race as a factor for acceptance
Common School Movement
movement to have all children, regardless of background, taught in a common place
parens patriae
power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent
Compulsory attendance law
Mandatory for a child to attend school up to a certain age
Compulsory Attendance Act
1852-1st law requiring students to participate in school, mandatory 8-14 years old
National Defense Education Act
The act that was passed in response to Sputnik; it provided an opportunity and stimulus for college education for many Americans. It allocated funds for upgrading funds in the sciences, foreign language, guidance services, and teaching innovation.
A nation at risk
a report produced by the National Commission on Excellence in Education that concluded that the U.S. educational system was failing to meet the national need for a competitive workforce (1983)
Improving America's Schools Act
supports schools in moving all children toward higher academic standards
Every Student Succeeds Act (ESSA)
Obama's act in 2015 that took over No Child Left Behind
public school
free schools supported by taxes
private school
a school that is privately owned and doesn't rely on government money to operate
charter schools
Public schools that have been given the autonomy to establish their own curricula and teaching practices.
Child Benefit Theory
A criterion used by the U.S. Supreme Court to determine whether services provided to nonpublic school students benefit children and not a particular school or religion.
sunshine laws
Law requiring agency meetings and decision-making process to be open to the public. One way of making agencies more accountable to Congress and the public.
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
Civil Rights Act of 1964
1964; banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal
Lau v. Nichols (1974)
If a substantial number of non-English speaking students reside in the district, the district must provide for these students with classes in English.
Castaneda v. Pickard
1981 - set the standard for the courts in examining programs for LEP students -- accountability for ESL programs
1. pedgaogically sound plan for LEP students
2. qualified staff to implement plan
3. system established to evaluate the program
** doesn't require bilingual education
Equal Access Act of 1984
Public schools cannot deny the use of their facilities for any religious, political, or philosophical reasons if the school has created a "limited open forum".
Title IX
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Tort Liability
The legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused
Negligence Tort Liability
Defendant had duty to manufacture a reasonably safe product/was in the business of selling or manufacturing product
That duty was breached
Breach of duty caused plaintiff's injury (product reached plaintiff in same condition)
Foreseeable that defect would cause injury
Plaintiff has property or physical damages
Defamation (Tort Law)
Employers can be liable for defamation when giving false/unfavorable references about a former employee
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]