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Education Law
For Safransky Final
99 cards·by Tequena
lawtequenaeducationfelenova
ad velorum
according to the value
certiorari
to be made certain of
de facto
actually occuring
dejure
by law
de novo
new
dictum
a saying
en banc
judges assigned to hear a case of special significance
ex post facto
after the occurance
in camera
in a judge's private office
in loco parentis
in place of parents
infra
below
per curiam
by the court
prima facie
on first appearance
sub nom
under the name of
Barnette V. West Virginia
Student may refuse to salute the flag
Tinker v. Desmoines
non-disruptive freedom of speech
Norwalk v. BOE
teachers may join a union, but not strike
Hazelwood v. Kuhlmeier
a principal can stop distribution of a school newspaper
Virginia v. Acton
student athlete can be forced to give a urine sample at school.
NJ vs. TLO
a school administrator may search a student w/o a warrant
Pickering v. BOE
a teacher may publicly criticize the school board (in limited circumstances)
Roth v. BOE
a teacher has a property right to their job
Connick v. Meyers
an employee can be terminated for private criticism of their employer
Lee V. Weisman
does not permit official prayer at public school graduation ceremonies
gang
individuals involved in unusually close social relationships
bullying
intentional cruel behavior between the person who exhibits the behavior and the victims
NSCC
works with admin, teachers, officers, and gov to create safe schools
terrorism (P Act)
an activity that results in coercion or intimidation involving the government and Am.
citizens
Abington v. Schempp
son was an atheist and mom did not want him to pray at the public schooll
IDEA
law requires schools to find and educate all ESE students
Homeland security
signed into law in 11/2002
damages
pecuniary compensation or indemnity which may be recovered in the courts by a person who has
suffered a loss
agency shop
employees who are not union can be forced to pay union fees as a condition of employment
academic freedom
the right to teach as one sees fit
directory information
personal information about a student like name, address, grade level, pub by the school
FAPE
free appropriate public education
IEP
Individualized exception plan
LRE
least restrictive environment
BIP
behavior intervention plan
COP
change of placement
ARD committee
admission, review dismissal committee
ADA
requires reasonable accommodations for the disabled like ramps or special phones
EPA of 1963
prohibits wage discrimination on the basis of gender
ADEA
age discrim in emplo act off 67; prohibits emp discrim vs indiv 40-70
FMLA 1993
wives or hubs can take 12 weeks unpaid leave for birth and return to same job
title 9
prohibits discrim in athletics for institutions receiving gov $
EEOC law
Title 7
Equal Access Act
public schools can be used by private groups after hours
NCLB
all teachers need to be highly qualified by 6/2006
FERPA
Fam Ed and Rights of Priv Act; par must be Informed to Inspect Confidential recs and Complain or
Challenge them
Bethel v. Fraser
school can censor student from lewd, offensive or indecent terms
Plyer v. Doe
state can't exclude students who can't prove citizenship
Irving Ind v. Tatro
school has to provide "related services" like buses, catheters, etc.
NJ vs. TLO
you can search, but object must match area and search can't bee intrusive unless danger
Ingraham v. Wright
due process for suspensions
Perry Ed vs. Perry Local Ed
keep school mailboxes private, even from unions
Hortonville sd#1 vs. H ville union
teachers can't strike
Connick v. Meyers
teachers speaking out; conduct was protected
grand rapids v. Ball
tripartite test established, like promote, entanglement, encouragement
Stone V. graham
10 commandments can be posted with disclaimer that says it is historical for the basis of law
Davis v. Monroe BOE
school has to take action for harassment under title 9
honig v. doe
can't suspend ESE student more than 10 days
owasso v. falvo
peer graded work assignments are not FERPA records
Oncala v. sundowner
same sex harassment is not okay.
BOE v. rowley
special ed case: if student makes progress, parent concerns null
Lau v. Nichols
schools required to provide equal opportunity for LEP children
Franklin County V. Gwinnett Co
school systems individuals are liable for monetary damages under Title 9
Zelman v. Simmons-Harris
public money can be used to send disadvantaged kids to religious or private schools in voucher
programs
Lee v. Weisman
banned prayers at graduation services
Mergens
non-curriculum groups can use a public school campus after school hours
NY Times v. Sullivan
public officials must prove slander was made w/ malice
NY Times v. Tasini
Federal Copyright law provides permission to make articles electronic
Pickering v. Board
teachers have freedom of speech on matters of public interest
Epperson v. Arkansas
can't forbid teaching evolution
Pierce v. Society of Sisters
parents have the right to put children in public or private schools
Wisconsin v. Yoder
Amish parents; school compulsory to 8th grade
Goss v. Lopez
due process required prior to suspension
Hazelwood v. Kuhlmeier
school can censor school newspaper
ROth v. Board of Regents
nontenured teacher may be non-renewed w/o reasons or hearing and it won't deprive liberty or
property rights
Tinker v. DesMoines
"neither teachers nore children shed their constitutional rights at the schoolhouse gate"
Plessy V. Ferguson
separate but = is okay for schools, transit, and housing
12 tables
laws passed by the Romans
Justinian's Code
Roman code, foundation for most legal systems in the modern western world
Code Napoleon
only in Louisiana
tribal rules
rules made by families as they worked together to gather the food they needed and to defend
against intruders
tenured teacher
only dismissed for cause
morse v. frederick
school can restrict student speech that promotes illegal behavior
5 conditions for teacher dismissal IUIUI
immorality, unfitness, incompentence, unprofessional, insubordination
reasonable suspicion
a belief based on a fact that a crime has been committed
BOE V. Earls
school can require waivers permitting random suspicionless drug testing to parti in
extracurr
Safford V. Redding
if object of search poses no danger, do a quick "light" search
Goss V. Lopez
students get due process for suspensions 1-10 days
Garcetti v. Ceballos
you can speak, but not f it impairs effectiveness, interferes professionally, or
jeopardizes school operation
Everson v. BOE
wall of separation between church and state
Lemon v. Kurtzman
Purpose, Effect, Entanglement PEE
Lynch v. Donnely
1. gov purpose to endorse religion 2. conveys message of endorsement
Mt. Healthy v. Doyle
teacher dismissed b/c of speaking out was wrong.
Zorach v. Clauson
released time permitted if classes are off public school
ROberts v Boston
separate but = okay in Boston Public