Education and Federal and State Law Notebook Activity 28 Flashcards
Students Right to an education
In the US children have a right to an education this right is ensured in many state constitutions. All children have equal opportunity to pursue education
Alien and Homeless Children have a right to go to School
With the passage of the Stewart B Mckinney Homeless Assistance Act in 1987
Students Right To Sue
The U.S. Supreme Court has affirmed that students may sue if the school is guilty of intentionally depriving students of theirs constitutional rights
Student Right to Due Process
Due process is guaranteed by the 14th amendment. The equal protection clause states “nor shall any state deny to any person within its jurisdiction the equal protection of the laws protecting the rights of the accused.
Family Educational Rights and Privacy Act (FERPA)
Defines who may have access to students records and under what circumstances
Dress Code and Grooming
If a student’s dress and a grooming does not cause disruptive behavior health and or safety problems the courts ruling is likely to support the student
Carporal Punishment
It is on the decline however the Us does not ban corporal punishment in the schools
Sex Discrimination
Treating people differently because of their sex
Marriage and Pregnancy
Schools cannot stop a student from attending school` because he or she is married. This position is based on the above mentioned Title IX and on the notion the every child has a right to attend school. Schools enroll pregnant students. Title IX prohibits their exclusion from school.
Child Abuse and neglect
Teachers have the ethical obligation and legal obligation to protect the well-being of children
Student publication
The first Amendment guarantees the right of free expression. However schools also have the responsibility to maintain an orderly school environment. The standard for students’ free expression allows schools to restrict such expression if there is reasonable case that action will disrupt
Rights of students with Disabilities
Students with Disabilities are entitled to an appropriate education and to procedural protections against arbitrary treatment
Student and Locker Searches
As a teacher are you allowed to search your students backpacks or desks if you suspect that a student has cigarettes, drugs alcohol or weapons? A Random search of students’ lockers is permissible because they are under the shared control of the school and the students.v
Peer sexual Harassment
Title IX prohibits sex discrimination and this includes students’ harassing other students. All allegations must be investigated promptly and schools must take immediate action in cases in which harassment behaviors have been confirmed
Bethal school district , No.403 v Fraser
Can lewd language be used in school speech nomination a student for office?
Lewd or vulgar speech can be curbed in school setting a balance must be achieved between freedom of expression and the school’s role in establishing the boundaries of what is socially acceptable
