Ed Law Vocab Flashcards
Party initiating the suit at the trial court level
Plaintiff
An act of the state or federal legislative body. A law
Statute
The party against whom a suit or action is brought
Defendant
To stand by a decided case
Stare Decisis
Appeal or a petition to bring a case to a higher court
Writ of Centiorari
The basic law of the land
Constitution of the United States
Guarantees due process of law
4th Amendment
Ensures the establishment clause is not violated by determining if a practice has a secular purpose that neither advances nor inhibit religion, and that it does not create excessive entanglement between the state and religion
Lemon law
Represents the primary source of individual rights and freedoms under the US Constitution; fundamental liberties of free people
Bill of Rights
prohibits the state from passing laws that aid a religion or show preference of one religion over another
Establishment Clause
This law reauthorized a number of federal programs aiming to improve the performance of U.S primary and
secondary schools by increasing the standards of accountability for states, school districts, and schools, as well as providing parents more flexibility in choosing which schools their children will attend. Additionally, it promoted an increased focus on reading and reauthorized the Elementary and Secondary Education Act of 1965 (ESEA).
Establishment Clause
Federal statute affecting each state that receives federal funds and requires local educational agencies to expel from school for a period of not less than one year any student who is found to have brought a weapon to school under the jurisdiction of the local school district. The statue does provide the chief administrator of the district the latitude to
modify the expulsion requirement for students on a case-by-case basis.
Zero Tolerance
Enacted by Congress after 9-11-01, and expressly authorized US law authorities to investigate and preempt potential terrorist acts in the US and around the world
US Patriot Act
Legal form of discipline for students who violate school or district policy often involving issues relating to school safety
Suspension
One of the more severe forms of discipline because it involves long term separation from the school district or, in some cases, permanent separation.
Expulsion
A lack of proper care; failure to exercise prudence which may result in injury to another
Neglect
In place of parents
In loco parentis
The school’s ability to limit school-sponsored publication
Censorship
Exercise of standard care any other reasonable professional would exercise under the same or similar circumstances
Reasonableness
the state must have a valid objective when it intends to deprive a teacher of life, liberty, or property, and the means used must be reasonably calculated to achieve its objective
Substantive due process
the state may not deprive any person of life, liberty, or property without due process of law
Procedural due process
an actionable wrong committed against another independent of contract; a civil wrong
Tort
tort which does not require proof of intent or willfulness (i.e. simple negligence); a wrong perpetrated by someone who fails to exercise that degree of care in doing what is otherwise permissible (i.e. acts negligently)
Unintentional tort
a deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages; Acts of domestic violence, such as assault and battery, are examples
Intentional tort
when one contributes to injury by action or decision; common law precedent suggests that a child under the age of 7 cannot be charged with contributory negligence; with children between the ages of 7 and 14, there is a reasonable assumption that they are incapable of contributory negligence; a child beyond the age of 14 may be assumed to be
contributorily negligent, depending on the facts surrounding the injury; however, the age limits are a guide, not an absolute
Contributory negligence
commonly used as a defense in situations involving various types of contact-related activities (i.e. athletic teams, pep squads, etc..); theory supporting an assumption of risk is that students assume an element of risk to participate and benefit from the activity in which they wish to participate; they have knowledge and an understanding of the potential damage involved in participating in the activity; it does not relieve school personnel in cases where they fail to meet a reasonable standard of care
Assumption of risk
Bound or obligated by law; responsible for actions that may involve restitution
Liability
based on old common law ‘the king can do no wrong’; the state or federal government is extended protection from suit and cannot be held liable for injuries that resulted in the proper execution of governmental functions
Immunity
the teacher’s or administrator’s ability to predict or anticipate that a certain activity or situation may prove harmful to students
Foreseeability
An offer to use physical force in a hostile manner
Assault
Making physical contact with another person in a rude and hostile fashion
Battery
scandalous words or expression, written or spoken, that result in damages to another’s reputation for which legal action may be taken by the damaged party
Defamation
an untruthful statement about a person, published in writing or through broadcast media that injures the person’s reputation or standing in the community; because libel is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement; this is a form of defamation, as is slander
Libel
A type of defamation; slander is an untruthful oral (spoken) statement about a person that harms the person’s reputation or standing in the community; because slander is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement
Slander
requires that school personnel exercise the same degree of care that other professional educators holding similar positions would exercise under the same or similar conditions; the level of care due to students changes based on age, maturity, experience, and the mental capacity of students, as well as the nature of the learning activities in which they are involved
Standard of Care
protection for school personnel when matters of common interest is oral or written information regarding a student contained in a student’s file and the information is released by school personnel in response in a truthful and reasonable manner in accordance with their prescribed duties
Qualified privilege
dictates that as information is shared with other eligible parties, it is communicated for legitimate purposes and
without any intent or desire to damage the student
Good faith
a dispute resolution process in which the disputing parties present their case to a third party intermediary (or a panel of arbitrators) that examine all the evidence and then make a decision for the parties.
Arbitration
Exists when there is intent to harm or injure another person
Malice
freedom of expression in the classroom is limited by factors such as grade level, age, experience, and readiness of students to handle the content under discussion
Academic freedom
grants people the right to associate with other individuals of their choice without threat of punishment; although teachers enjoy these rights, they should exercise them in light of the nature and importance of their positions as public
employees (i.e. role-model image)
Freedom of Association
Provides protection against group discrimination and unfair treatment
Equal Protection Clause of the 14th Amendment
Adverse action against a protected individual to discourage or prevent an individual from opposing a discriminatory practice
Retaliation
prohibits sexual discrimination by public and private educational institutions receiving federal funds; “No person in the US shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.”
Title 9 of the Educational Amendments Act of 1972
A security measure for those who successfully perform duties and meet statutory or contractual requirements; a continuous service contract
Tenure
inefficiency, a lack of skill, inadequate knowledge of subject matter, inability or unwillingness to teach the curricula,
failure to work effectively with colleagues and parents, failure to maintain discipline, mismanagement of the
classroom, and attitudinal deficiencies
Incompetency
The willful failure or inability to obey a reasonable and valid administrative directive
Insubordination
Failure to execute assigned duties
Neglect of Duty
unfitness to teach, behavior that sets a poor example for students and violates moral integrity
Immorality
occurs when the district faces a bona fide reduction in its budget that results in abolishing certain employment
positions
Financial Exigency
designed to provide the district broader latitude in dismissing teachers for causes not specifically identified in state statutes
Just Cause
used to bring dismissal charges against a teacher, particularly when there is a showing that performance and effectiveness are impaired and a question of fitness to teach arises as a major concern
Good cause
consists of negotiations between an employer and a group of employees so as to determine the conditions of employment
Collective bargaining
when the parties involved in negotiations fail to reach an agreement, and it become obvious that no further progress is possible toward resolution
Impasse
when a neutral party is engaged to assist both parties in reaching objective solutions to the dispute at hand
Mediation
based on the common law responsibility that the parent has an obligation to the child and the state to ensure that the child receives an appropriate education
Compulsory attendance
covers four basic areas; patents, trademarks, designs, and copyright materials
Intellectual property
prohibits unauthorized use of copyrighted material for profit or public display without appropriate payment to or permission from the proprietor
Copyright Act
occurs when teachers are either negligent or incapable of providing competent instruction and proper placement and classification of children and their educational needs; any unprofessional conduct or lack of sufficient skill in the performance of professional duties
Educational Malpractice
Occurs when teachers fail or are unable to meet minimal standards of instructional competency
Academic Injury
Sanctioned by law
de jure
in fact, in reality a state of affairs that is accepted without the sanction of law
de facto
the separation of one group of people from another through laws or personal discrimination
Segragation
The process of bringing together different races of students so that all may enjoy the same educational benefits
Integration
A strategy used by school districts to create desegregated schools
Zoning
Unequal funding of schools based on tax distribution
Funding Disparity
