Glossary of Public School Law Cases
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- Domico v. Rapides Parish School Board
- Courts Supported dress codes for teachers
- Griggs v. Duke Power Company
- Private Company's use of both a highschool diploma and a test of general intelligence for employment & advancement was unconstitutional b.c of disqualify too many minorities
- Wygant v. Jackson Bd.of Educ.
- 1986 Supreme Court ruled school-based affirmative action plan that included a layoff quota was unconstitutional
Led to more whites than blacks being laid off
Societal discrimination alone was not sufficient to justify the class preference.
- Wallace v. Jaffree
- Supreme Court invalidated a 1981 Alabama prayer law.
Court ruled that laws calling for silent prayer or meditation in public schools w/out a legislative intent to impose prayer might withstand Establishment Clause.
Essence: We don't tell people they cant pray & not to pray
"Silent prayer ok, organized prayer is NOT!
- Lee v. Weisman
- Supreme Court ruled that principals could NOT invite clergy members to deliver invocations and beneditctions @ middle and high school graduation ceremonies.
Violates Establishment Clause - reasoned the policy had a coercive effect student's felt pressure to participate in devotionals.
Church can rent out school and have Baccalaurets
- Thomas v. Atascasdero Unified Sch. District
- Courts ruled that AIDS infected children are protected by federal statutes barring discrimination against ind. w/disabilities
Schools must enroll AIDS students upon certification by a health official
Health Team decides who needs to know and what is plan of action
School policy determines who is on health team
- Minarcini v. Strongsville City Sch. District
- "Censorship Case"
6th circuit upheld the school boards right to override faculty judgements regarding the selection of books for academic courses and school library
Concluded the board failed to demonstrate any compelling reason for removing books that were already in the library
- Bd.of Ed Island Frees Union Free School District
- Supreme Court Censorship case
Most often cited "censorship case"
"community Standard" - books can be removed
School board removed certain library books from junior and high schools
Use regular and unbiased procedure
- Hazlewood Sch. District v. Kuhlmeier
- School newspaper w/a sponsor can be censored
Public school authorities can censor student expression in school-related activities to ensure that the expression is consistent with educational objectives
Court's conclusion that expression appearing to represent school can be restricted for educational purposes
Principal deleted 2 pages from school newspaper b.c content was divorce & pregnancy
- Virgil v. Sch. Bd. of Columbia City Florida
- 11th Circuit upheld a Florida Sch. Bd. decision to ban a humanities book b/c it included Lysistrata & The Millers Tale, which Board members considered vulgar and immoral
Supports board decision to remove material that does not support community
- Debra v. Turlington
- Began "standards" passing Test! As well as class to graduate!
Ok'd Graduation Tests (SOL'S)
Must give student's notification
Minimum performance standards
- Dawson v. East Side Union H.S. District
- School Board's have the descretion to permit commercial broadcasting in schools
Student's can ask to leave room during Ch. 1 if offended by commercial activities
- Tinker v. DesMoines Ind. Sch. District
- "Arm Band" case - protest vietnam war
Supreme Ct. Ruled that "undifferentiated fear or apprehension of disturbance is NOT enough to overcome the right to freedom of expression.
Silent Protest is ok esp. if its not disruptive to Educational Process or collide with rights of others
Applies only to protected expression that does not give appearance of rep. school
- Guzick v. Drebus
- Wearing of "freedom buttons" was banned b/c they were likely to disrupt learning environment
Private expression can be curtailed if its likely to disrupt the educational process
- Jacob K. Javits Gifted & Talented Students Education Act
- Federal effort to support gifted program
Provides a coordinated program to enhance the ability of elementary and secondary schools to meet the needs (educational) of gifted and talented students, particulary those from underrepresented groups
Deal w/smart kids & Dont ignore them!
- Boring b. Buncombe Cnty. Bd. of Ed
- High school teachers do NOT have complete discretion to select curriculum
School officials have legitimate pedagogical interests in regulating the curric.
- Pickering v. Bd. of Educ
- Supreme Court recognized that teacher's have a 1st amendment right to air views of public concern
Applied "balancing test"
- Plessy v. Ferguson
- Most famous "separate but Equal case"
Supreme Court upheld racial segregation of railroad passengers
Follow up to Roberts v. Boston
Separate but equal OK even after 14th Amendment
- Milliken v. Bradley
- "White Flight"
Detriot - people left cities and moved to burbs
Supreme Court ruled fed ct. went too far
2 kinds of segregation
1. Dejure - separation by court order
2. Defacto - Separation by natural occurance
- Katzman v. Cumberland Valley Sch. District
- Cant lower a grade b.c of suspension!
Cant count suspension days as unexcused for grading purposes unless the student fails to attend alternative school
- Paredes v. Curtis
- Student was suspended for 10 days for a drug charge
Student appealed on basis it would forever tarnish his reputation & restrict his employment opportunities.
- Veronia Sch. District 47J v. Acton
- Supreme Ct. upheld drug testing policy for athletes and extracurricular activities
You may test/Dont have to have a policy
- Conn. Education Association v. Tirozzi
- Supreme Ct. of Conn recognized that teaching certificates were contracts and could replace with 5 year certificates renewable upon completion of educational requirements
- Wood v. Strickland
- Supreme Ct. held that school officials can be sued for monetary damages in state courts as well as federal courts.
Ignorance of the law is not an excuse to shield school officials from liability if they should have known their actions would impair student's fed. rights
- Connick v. Myers
- Narrowed the circumstances under which public employees can prevail in free expression cases.
Court reiterated that the threshold inquiry is whether the expression involves matters of public concern, since personal grievances are NOT protected by 1st Amend.
Form & Context of expression should be considered
Assitant DA disatisfied/questionarre
- Mt. Healthy City Sch. Dist. V. Doyle
- Supreme Ct. ruled that school officials can discharge an employee if sufficient cause exists INDEPENDENT of the protected speech.
Protected speech should not place an employee in a better or worse position w/regard to employment.
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