Ed Law Vocab

Question 1

Party initiating the suit at the trial court level

Answer 1

Plaintiff

Question 2

An act of the state or federal legislative body. A law

Answer 2

Statute

Question 3

The party against whom a suit or action is brought

Answer 3

Defendant

Question 4

To stand by a decided case

Answer 4

Stare Decisis

Question 5

Appeal or a petition to bring a case to a higher court

Answer 5

Writ of Centiorari

Question 6

The basic law of the land

Answer 6

Constitution of the United States

Question 7

Guarantees due process of law

Answer 7

4th Amendment

Question 8

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

Answer 8

Lemon law

Question 9

Represents the primary source of individual rights and freedoms under the US Constitution; fundamental liberties of free people

Answer 9

Bill of Rights

Question 10

prohibits the state from passing laws that aid a religion or show preference of one religion over another

Answer 10

Establishment Clause

Question 11

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).

Answer 11

Establishment Clause

Question 12

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.

Answer 12

Zero Tolerance

Question 13

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

Answer 13

US Patriot Act

Question 14

Legal form of discipline for students who violate school or district policy often involving issues relating to school safety

Answer 14

Suspension

Question 15

One of the more severe forms of discipline because it involves long term separation from the school district or, in some cases, permanent separation.

Answer 15

Expulsion

Question 16

A lack of proper care; failure to exercise prudence which may result in injury to another

Answer 16

Neglect

Question 17

In place of parents

Answer 17

In loco parentis

Question 18

The school’s ability to limit school-sponsored publication

Answer 18

Censorship

Question 19

Exercise of standard care any other reasonable professional would exercise under the same or similar circumstances

Answer 19

Reasonableness

Question 20

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

Answer 20

Substantive due process

Question 21

the state may not deprive any person of life, liberty, or property without due process of law

Answer 21

Procedural due process

Question 22

an actionable wrong committed against another independent of contract; a civil wrong

Answer 22

Tort

Question 23

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)

Answer 23

Unintentional tort

Question 24

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

Answer 24

Intentional tort

Question 25

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

Answer 25

Contributory negligence

Question 26

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

Answer 26

Assumption of risk

Question 27

Bound or obligated by law; responsible for actions that may involve restitution

Answer 27

Liability

Question 28

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

Answer 28

Immunity

Question 29

the teacher’s or administrator’s ability to predict or anticipate that a certain activity or situation may prove harmful to students

Answer 29

Foreseeability

Question 30

An offer to use physical force in a hostile manner

Answer 30

Assault

Question 31

Making physical contact with another person in a rude and hostile fashion

Answer 31

Battery

Question 32

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

Answer 32

Defamation

Question 33

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

Answer 33

Libel

Question 34

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

Answer 34

Slander

Question 35

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

Answer 35

Standard of Care

Question 36

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

Answer 36

Qualified privilege

Question 37

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

Answer 37

Good faith

Question 38

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.

Answer 38

Arbitration

Question 39

Exists when there is intent to harm or injure another person

Answer 39

Malice

Question 40

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

Answer 40

Academic freedom

Question 41

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)

Answer 41

Freedom of Association

Question 42

Provides protection against group discrimination and unfair treatment

Answer 42

Equal Protection Clause of the 14th Amendment

Question 43

Adverse action against a protected individual to discourage or prevent an individual from opposing a discriminatory practice

Answer 43

Retaliation

Question 44

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.”

Answer 44

Title 9 of the Educational Amendments Act of 1972

Question 45

A security measure for those who successfully perform duties and meet statutory or contractual requirements; a continuous service contract

Answer 45

Tenure

Question 46

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

Answer 46

Incompetency

Question 47

The willful failure or inability to obey a reasonable and valid administrative directive

Answer 47

Insubordination

Question 48

Failure to execute assigned duties

Answer 48

Neglect of Duty

Question 49

unfitness to teach, behavior that sets a poor example for students and violates moral integrity

Answer 49

Immorality

Question 50

occurs when the district faces a bona fide reduction in its budget that results in abolishing certain employment positions

Answer 50

Financial Exigency

Question 51

designed to provide the district broader latitude in dismissing teachers for causes not specifically identified in state statutes

Answer 51

Just Cause

Question 52

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

Answer 52

Good cause

Question 53

consists of negotiations between an employer and a group of employees so as to determine the conditions of employment

Answer 53

Collective bargaining

Question 54

when the parties involved in negotiations fail to reach an agreement, and it become obvious that no further progress is possible toward resolution

Answer 54

Impasse

Question 55

when a neutral party is engaged to assist both parties in reaching objective solutions to the dispute at hand

Answer 55

Mediation

Question 56

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

Answer 56

Compulsory attendance

Question 57

covers four basic areas; patents, trademarks, designs, and copyright materials

Answer 57

Intellectual property

Question 58

prohibits unauthorized use of copyrighted material for profit or public display without appropriate payment to or permission from the proprietor

Answer 58

Copyright Act

Question 59

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

Answer 59

Educational Malpractice

Question 60

Occurs when teachers fail or are unable to meet minimal standards of instructional competency

Answer 60

Academic Injury

Question 61

Sanctioned by law

Answer 61

de jure

Question 62

in fact, in reality a state of affairs that is accepted without the sanction of law

Answer 62

de facto

Question 63

the separation of one group of people from another through laws or personal discrimination

Answer 63

Segragation

Question 64

The process of bringing together different races of students so that all may enjoy the same educational benefits

Answer 64

Integration

Question 65

A strategy used by school districts to create desegregated schools

Answer 65

Zoning

Question 66

Unequal funding of schools based on tax distribution

Answer 66

Funding Disparity