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Ed Law > Ed Law Vocab > Flashcards

Ed Law Vocab Flashcards

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1
Q

Party initiating the suit at the trial court level

A

Plaintiff

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2
Q

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

A

Statute

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3
Q

The party against whom a suit or action is brought

A

Defendant

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4
Q

To stand by a decided case

A

Stare Decisis

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5
Q

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

A

Writ of Centiorari

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6
Q

The basic law of the land

A

Constitution of the United States

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7
Q

Guarantees due process of law

A

4th Amendment

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8
Q

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

A

Lemon law

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9
Q

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

A

Bill of Rights

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10
Q

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

A

Establishment Clause

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11
Q

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).

A

Establishment Clause

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12
Q

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.

A

Zero Tolerance

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13
Q

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

A

US Patriot Act

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14
Q

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

A

Suspension

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15
Q

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

A

Expulsion

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16
Q

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

A

Neglect

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17
Q

In place of parents

A

In loco parentis

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18
Q

The school’s ability to limit school-sponsored publication

A

Censorship

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19
Q

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

A

Reasonableness

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20
Q

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

A

Substantive due process

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21
Q

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

A

Procedural due process

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22
Q

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

A

Tort

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23
Q

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)

A

Unintentional tort

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24
Q

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

A

Intentional tort

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25
Q

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

A

Contributory negligence

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26
Q

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

A

Assumption of risk

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27
Q

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

A

Liability

28
Q

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

A

Immunity

29
Q

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

A

Foreseeability

30
Q

An offer to use physical force in a hostile manner

A

Assault

31
Q

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

A

Battery

32
Q

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

A

Defamation

33
Q

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

A

Libel

34
Q

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

A

Slander

35
Q

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

A

Standard of Care

36
Q

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

A

Qualified privilege

37
Q

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

A

Good faith

38
Q

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.

A

Arbitration

39
Q

Exists when there is intent to harm or injure another person

A

Malice

40
Q

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

A

Academic freedom

41
Q

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)

A

Freedom of Association

42
Q

Provides protection against group discrimination and unfair treatment

A

Equal Protection Clause of the 14th Amendment

43
Q

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

A

Retaliation

44
Q

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.”

A

Title 9 of the Educational Amendments Act of 1972

45
Q

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

A

Tenure

46
Q

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

A

Incompetency

47
Q

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

A

Insubordination

48
Q

Failure to execute assigned duties

A

Neglect of Duty

49
Q

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

A

Immorality

50
Q

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

A

Financial Exigency

51
Q

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

A

Just Cause

52
Q

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

A

Good cause

53
Q

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

A

Collective bargaining

54
Q

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

A

Impasse

55
Q

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

A

Mediation

56
Q

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

A

Compulsory attendance

57
Q

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

A

Intellectual property

58
Q

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

A

Copyright Act

59
Q

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

A

Educational Malpractice

60
Q

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

A

Academic Injury

61
Q

Sanctioned by law

A

de jure

62
Q

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

A

de facto

63
Q

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

A

Segragation

64
Q

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

A

Integration

65
Q

A strategy used by school districts to create desegregated schools

A

Zoning

66
Q

Unequal funding of schools based on tax distribution

A

Funding Disparity

Ed Law (1 decks)

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