Glossary of EDAD 530
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- Lau Vs. Nichols (1974)
- Held that the failure of a district to provide English Language instruction to a minority group of students who did not speak English denies them an opportunity to participate in public Education, thus violating the Civil Rights Act of 1964
- Tinker vs. Des Moines (1969)
- Significant 1st Amendment Federal Case
Example supporting the general proposition that student speech, dress codes, publications may be abridged if they materially and substantially:
1. Disrupt the education process
2. Create a safety concern on campus
- What amendment is the basis for the LAU v. Nichols decision?
- The 14th Amendment. The "equal protection clause"
- Lehnert v. Ferris Faculty Association (1991)
- Court held that non-union member must pay a "service-fee"
Teacher rights and collective bargaining (PERB)
- What two federal statutes did Lau v. Nichols refer to?
- 14th Amendment "Equal Protection"
Section 504 of the Rehabilitation Act of 1973, Individuals with Disabilities Act of 1997, ADA, Title IV., etc.
- Plessy v. Ferguson (1896)
- Separate but equal is constitutional
- Brown v. Board of Education of Topeka, (1954)
- Separate but equal is inherently unequal.
- Ingraham v. Wright (1977)
- Corporal punishment is not prohibited under the 8th Amendment (cruel and unusual punishment)
If not specifically written in state law, teachers may inflict corporal punishment.
- Goss v. Lopez (1975)
- Due process for student discipline. Court held Constitutional due process in suspension of 10 days or less requires a minimum: 1) oral written notice of charge; 2)if charge denied, an opportunity to explain his version (no trial hearing)
- Allen v. Casper
- Seminal Case regarding private school expulsion. Established that private schools are under contract law, thus they do not operate under the color of state law.
- Bethel School District v. Fraser
Does the First Amendment "prevent a school district from disciplining a high school student for giving a lewd speech at a school assembly."
- The court observed that in its previous case Tinker v. Des Moines, it had ruled that a school cannot punish a student for wearing a red armband if the student wants to express some political message through this armband. But the court stated that in the present case, the conduct of the respondent was more severe and it was the type of conduct which cannot be allowed in a high school.
- Brown v. Board of Education (Brown II)(1955)
- Local school authorities were given the primary responsibility for fashioning desegregation plans with "deliberate speed"
- Green v. County School Board of Kent County (1968)
- District discussed bad faith attempt to desegragation with "deliberat speed" .
Court held that the school board placed desegragation responsibility on parents. Brown II had placed responsibility on school board.
- Swan v. Charlotte Mecklenburg (1971)
- Court amplified guidelines to assist school authorities to desegregate. The Supreme Court's effort to desegregate.
i.e. assign teachers in order to desegregate teachers.
ensure that future school construction would not perpetuate a dual system
scrutinize one race schools to ensure that the racial comp. did not result from present or past discrimination
alter attendance zones to counteract past segregation
suggested bus transportation as a method to dismantle dual systems
- Columbus Board of Education v. Penick (1979)
- court maintained that if racially segregated dual school systems were operated at the time of Brown I in 1954, boards of education had an affirmative duty not to engage in action that would have impeded the desegregation process.
- Milliken v. Bradley (1974)(I)
- End of US Supreme Court's unwavering support of desegregation.
Issue: whether a federal court may order desegregation relief that embraces more than a single school district
Rule: No. Unless it is shown that there is a constitutional violation in one district that produces a significant segregation effect in another school district.
- Milliken v. Bradley II (1977)
- Created a 3 part test to put limits on court's authority to continue running school districts.
1. Nature of remedy is to be determined by nature of constitutional violation
2. the order must be remedial in nature
3. order must take into account the interests of state and local boards to manage their own affairs.
- Missouri v. Jenkins (1990)
- stands for the legal proposition that federal courts have the discretion to withdraw their supervision (i.e. orders) over formely segregated schools and are not responsible for future segregation.
- Hopwood v. Texas (1996)
- Held that a state university law school could no longer take race or ethnicity into consideration when admitting students, thus having an affect on higher affirmative action admission policies.
- California Proposition 209
- Effectively ends affirmative action in California's public sector.
- Coalition for Economic Equity v. Wilson (1997)
- The US Supreme Court refused to strike Proposition 209 as unconstitutional.
- Pierce v. Society of Sisters (1929)
- A private school challenged that the state should not be the sole education source. The US supreme Court held that parents must have educational alternatives to compulsory education otherwise it abridges the parent's liberty/religious interests.
- Plyler v. Doe (1982)
- This case concerns illegal aliens admissions
a. Education funding for aliens cannot be withheld from districts
b. District could not deny enrollment to illegal aliens
- League of United Latin American Citizens v. Wilson (1995)
- held that it is illegal to require a district to verify immigration statuf of prospective/current students/parents and report information to state/federal officials.
- Jeglin v. San Jacinto USD (1993)
- Facts: Evidence revealed that there was gang presence and intimidation of students and staff on campus associated with sport's clothing (Raiders)
Rule: If a school can reasonably "forecast substantial or material disruption" it is sufficient to abridge the symbolic speech
- Hazelwood v. Kuhlmeier (1988)
- Facts: school deleted two pages of student newspaper concerning student pregrancy and effect on student if parents are divorced.
Rule: school has control over content of student speech in school sponsored expression and can abridge if schools' actions:
1.) reasonably relate to education concern
2.) Demonstrate that rules are applied uniformely
3.) Publication paid with school funds and/or curriculum is subject to more control than off campus newspaper
- Sherman v. Community Consolidate School District (1989)
- Facts: Illinois statute requiring elementary students to recite pledge of allegiance
Rule: The court said it violated Free Exercise of Religion Clause, however, it was very anxious to uphold the statute and held that the statute was OK because it only applied to willing students
- NEW JERSEY v. TLO (1985)
- Facts: although denied by the 14 year old freshman, a teacher saw her smoking in a bathroom and she was taken to the Principal's office and a search of her purse revealed a pack of cigarettes, rolling papers, marijuana, dollar bills, etc.
Issue: Did search violate 14th amendment?
Rule: search was constitutional because:
a. Administrator conducted the search
b. Individualized evidence to conduct search
c. reasonable suspicion
d. search must reflect objective
e. the more intrusive the search the stronger the suspicion
- Thomas v. Atascadero USD (1987)
- Facts: Ryan Thomas, a fiver year old kindergartener, was infected with HIV/AIDS. The school enrolled him and he bit another student. He was subsequently excluded from school and he was sent home.
Rule: Court held that Ryan was handicapped person under the Rehabilitation Act, Section 504 and entitled to all its protections, including discrimination and "discipline protections"
Students may not be excluded from school without due process. In this case the school needed sound medical data.
- Student tells principal that another student (best friend) has drugs in her pocket and locker.
1. Is this enough information to search the student?
- No, individualized evidence needs to be collected by asking the student additional questions such as "Did you see the drugs?"
- Education is a state function/responsibility/duty. What authority gives the states the function/responsiblity/duty?
- The 10th Amendment. Says, if powers not reserved in the US Constitution, then it is a state or local function/responsibility/duty.
- On what basis has the Congress enacted many education statutes?
- The General Welfare Clause.
Written in two places, Article 1, Section (8); 1 Preambe - "We the people...promote the general Welfare..."
- T/F School districts in CA are a entity of the State, therefore they can be created, altered or abolished by the state Legislature
- T/F School district property is owned by the local county and the State has no rights to this property.
School district property is state property.
- T/F Education code gives the state legislature power to determine what is taught in the public schools.
- Can local schools add to the minimum graduation requirements set for by the EC?
- Yes, schools can add to their graduation requirements. They can not reduce the minimum reqs.
- What goverment body conducts administrative hearings for unfair labor practices?
- Public Education Relations Board.
- What is the general propisition concerning student free speech, dress codes, publications, etc.
- They can be abridged if they materially and substantially:
1) Disrupt the education process or school activities
2) Creates a safety concern on campus
3) Obscene (lewd, vulgar, etc.)
- T/F Teachers and students have the same rights in a school setting and therefore teachers have as much freedom as students to practice free speech.
Teacher's free speech may be abridged faster than students.
- Which amendment provides for the "SEPARATION OF CHURCH AND STATE"?
- 1st Amendment.
It also provides free speech rights.
- FOURTH AMENDMENT
- Search and Seizures.
Schools must abide by lower standard of "reasonable suspicion" in order to conduct searches.
- T/F School district employees can conduct strip searches on students.
If the reasonable suspicion is high enough for an object that warrants it, district school police can conduct a strip search.
Not done by administrators, teachers or other staff.
- T/F. Because adults or school employees have different rights than students, "reasonable suspicion" is not suficient to conduct a search on a school employee.
The lower standard of "reasonable suspicion" as a basis for a search also applies to employees
- T/F. The 5th amendment provides for due process.
The 5th amendment is more commonly known for not compelling individuals to be a witness against themselves. However, like the 14th amendment there is a due process protection provision. Though it is not cited as frequently as the 14th amendment for Due Process.
- T/F The 8th amendment protects students from (cruel and unsual punishment) therefore corporal punishment is no longer allowed.
Corporal punishment is not prohibited by the 8th but is prohibited in California by the Education Code.
- What amendment gives states authority over education?
- 10th Amendment.
- Which amendment prohibits discrimination based on race, sex, age, disability, etc.?
- 14th amendment. EQUAL PROTECTION
- What are the two typical components of due process?
- 1. Notification
- T/F Federal statutes are the highest level of the law
The US Constitution is the highest level of the law.
- T/F. Courts can not interfere with the discretionary authority of the governmental agencies or bodies (local school boards) if these agencies act reasonable and within their delegated authority.
- T/F The 9th circuit court of appeals a State/Circuit Court
- False. It is a federal court of appeal.
- T/F. The US Supreme court will hear a case that is not settled in either federal or state/ciruit courts.
The US Sumpreme Court will also hear cases on federal issues.
- What is stare decisis?
- It is precedent. Courts tend to use decisions based on previous similar cases.
- T/F The Ca attorney general can interpret the law and write opinions that must be enforced.
- FALSE. He can advise. Only judges/courts can do this
- Define "duty of fair representation".
- A union that has been accorded representation rights must also represent all employees in that bargaining unit whether in the union or not.
- Describe the function of PERB.
- PERB has jurisdiction only over union and collective bargaining issues.
PERB can investigate unfair labor practices. It determines appropriateness of union scope, representation, etc.
- T/F The board of education may reject any or all bids even though the bids are legal and all provisions have been met.
additionally, if a bid is required by law, then the contract may not be awarded to the party who submits the lowest bid.
- BROWN ACT
- open public meeting laws for all public agencies, such as, districts, cities, etc.
- T/F. All regular meetings are open to the public. Special meetings can be held in closed session.
All regular or special meetings are open to the public unless the board is authorized under the law to discuss the itme in closed session, that is, a meeting not open to the public.
- T/F The State board of education can employ, fire, and fix or prescribe duties to local district employees.
- False. This is a local board discretionary authority.
- How many hours should the agenda be open to the public before a regular meeting?
- 72 hours.
- Can a board take action on an item not on the agenda?
- Yes, if it is an emergency situation. Requires a 2/3 vote.
- T/F. The board can take action at "secret meetings" where the majority of the board members are present.
- False. Public must be present to address the board on action items, thus board must adopt reasonable regulations, such as, order and time limits, however, board does not need to respond.
- T/F. The media has the legal right to tape record and broadcast all activity at a local school board meeting.
- True. The district may prohibit recordings only if it is disruptive (unlikely)
- T/F The school board may legally conduct Collective Bargaining Agreement Sessions during a closed meeting.
- What does "In Loco Parentis" mean?
- In place of parents. Students can be held accountable:
1. on school grounds
2. during lunch (on or off campus)
3. during school sponsored activity
4. Going to and from school
- If a student engages in writing an underground paper and posts it on the Internet while he/she is at home, can the school discipline the student if there are disparging remarks?
- NO. If none of the acitivity related to this behavior occurs on school grounds, then the student can not be disciplined.
- How long can a teacher detain a student after school? What other limitation is there?
- 1 Hour. and the student must not be deprived is bus transportation because of it.
- T/F. Students can be suspended for not completing their homework.
- What are 6 categories for which a std may be suspended or expelled?
- 1. Personal Violence
2. Extortion or harassment
3. dangerous objects
4. drugs, alcohol or tobacco
5. damage to or theft of property
6. disruptive or vulgar behavior.
- What are the limitations on the length of school suspensions.
- Suspension limited to 5 days for a yearly total of 20 school days.
- What are the limitations that a teacher can impose for a suspension.
- Teacher can suspend a student for the day of and the following day. A teacher in California can not suspend a student for three or more days. Teacher is required to send pupil to principal and ask parent for a conference.
- What three offenses require immediate suspension followed by a mandatory recommendation for expulsion, followed by mandatory expulsion if offense is established?
- 1. Personal Violence - Attempting or committing sexual assualt or battery
2. Dangerous objects - having a fireamm or explosive or brandishing a knife at a person
3. Drugs, Alcohol or tobacco - selling a controlled substance.
- What is the difference between procedural and substantive due process?
- Procedure du process attempts to ensure that the legal process is performed equitably and fairly.
Substantive due process which is more related to the merits of the dispute.
- Describe the significance of the Individuals With Disabilities Education Act of 1990 (IDEA)
- Replaced handicap term with disability.
Broadly defined disability to include mental, visual, hearing, emotional distress or other health impairments or learning disabilities
- What amendment protects and individual from being deprived of an education without due process?
- 14th amendment
- At least how many days does a notice have to be sent to the parents regarding an expulsion hearing?
- 10 days prior to hearing date. If the above notice requirements are defective, then the court may rule the expulsion was improper.
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