Exam 1

Question 1

Cooper v. Eugene School District (1986)

Answer 1

Oregon statue (teachers are not permitted to wear religious dress while working) does not violate teacher’s constitutional rights because wearing religious dress at work could be percieved as the school endorsing a particular religion.

Question 2

Title I ADA

Answer 2

Protects qualified individuals with a disability.

Question 3

Wallace v. Jaffree (1985)

Answer 3

Teachers may not lead prayers in the classroom or establish a daily period of silence for “meditiation or voluntary prayer” due to the possible perception of this as public endorsment of a religion.

Question 4

Qualified Handicapped Person

Answer 4

A handicapped person of any age during which non-handicapped persons are provided education.

Question 5

Roberts v. Madigan (1990)

Answer 5

Teacher is not to read or display a personal Bible during school hours/in the classroom.

Question 6

The Very Visible Student

Answer 6

A teacher may lavish praise on a student becasue of sex, national origin, or race. Over praise a student for expected (or unexpected) behavior may project a stereotyped view of what tasks certain categories of students can do.

Question 7

ADA Definition of “Disability”

Answer 7

A mental or physical impairment that limits one or more major life activitities either in the past, present, or percieved by others.

Question 8

Equal Access Act (1984)

Answer 8

Prohibits secondary schools from discriminating against student groups or organizations based on the religious, philisophical or orientation of the group, when the school permits other student groups to meet on campus during non-instruction hours.

Question 9

14th Amendment

Answer 9

All persons born or naturalized in the United States shall not be deprived of life, liberty, or property without due process of law; nor be denied within a State’s jurisdiction ‘the equal protection of the laws’.

Question 10

Individuals with Disabilities Education Act (IDEA)

Answer 10

Ensure that children with disabilities recieve the same educational opportunities as non-disabled students.

Question 11

IDEA Principles

Answer 11

Zero recject, non discriminatory evaluation, free appropriate public education, least restrictive environemtn, parent and student participation, procedural due process.

Question 12

Tinker v. Des Moines (1969)

Answer 12

1st Amendment violation.
Student armbands protesting Vietnam war were quiet and passive thus not disruptive or impinging on the rights of students or violating student right to be secure and let alone.

Question 13

West Virginia State v. Barnette (1943)

Answer 13

1st Amendment violation + religious descrimination.
Students of the Jehovah’s Witnesses faith refused the mandatory salute of the flag stating that it was forbidden in their religion. Compelling students and teachers to salute the flag was an act of discrimination against religious beliefs.

Question 14

Section 504 Rehabilitation Act (1973)

Answer 14

Requires the provision of appropriate educational services designed to meet the individual needs of students with disabilities to the same extent as the needs of student without disabilities.

Question 15

Title VI Civil Rights Act (1964)

Answer 15

Prohibits discrimination on the basis of race, color, and national origin.
Racial harrassment
School Segregation
Denial of language services

Question 16

Separation in Athletics

Answer 16

Separation based on sex in physical education is only permitted in contact sports.

Question 17

The Invisible Student

Answer 17

Teacher fails to recognize, for class discussions, members of racial or minority groups, basing this failure to recognize and speak with students becasue they are “difficult to understand” or “have an accent”.

Question 18

Title IX Education Amendments (1972)

Answer 18

Prohibits discrimination ont he basis of sex.
Sexual harrasment
Equal opportunities in sports
Discrimination based on pregnancy

Question 19

1st Amendment

Answer 19

Guarantees freedoms concerning religion, expression (speech, press), and the right to assembly.

Question 20

Americans with Disabilities Act (ADA)

Answer 20

Prohibits discrimination based on a disability and guarantees that peoples with disabilities have the same opportunities as everyone else to participate in mainstream America.

Question 21

Childers v. Morgan County (1987)

Answer 21

Age discrimination.
Bus drivers forced to retire at 65. Violation of age discrimination, feasability of testing older employees for driving safety rather than have a forced retiring age.

Question 22

Student-Teacher Interactions

Answer 22

Invisible Student
Very Visible Student
Stereotyped Student

Question 23

Title II ADA

Answer 23

Extends the duty not to discriminate on the basis of a disability and the duty to provide reasonable accomodation to all programs providing services to the public.

Question 24

Harper v. Poway Unified School District (2007)

Answer 24

1st Amendment
Student wore shirt citing Biblical versus in argument against homosexuality. Ruled that student was in violation of students’ rights to be secure and left alone thus the school had the right to prohibit the student’s expressive conduct since it collided with student rights.

Question 25

Brown v. Board of Education (1954)

Answer 25

14th Amendment: equal protection
Overturned Plessy v. Ferguson ruling of seperate but equal stating that seperate educational facilities are inherently unequal. Education must be a right afforded equally.

Question 26

Racial and Sexual Harassment

Answer 26

Actions based on race or sex that are significantly severe or pervasive to limit a student’s opportunity to benefit from school program or activity.

Question 27

Board of Education v. Rowley (1982)

Answer 27

Disability discrimination
School in violation of disability discimination by denying student a sign language interpereter. Student was not achieving her full potential becasue she was unable to understand as much as she would with an interpreter.

Question 28

Stereotyped Student

Answer 28

Assigning a role based on the perceived capabilities of students based on sex, race, national origin, ect. (Ex. Male = strong, female = weak)

Question 29

United States v. Virginia (1996)

Answer 29

14th Amendment
Virginia Military Institute (VMI) unable to provide justification for their witholding qualified women from the experience afforded by the institute and were found in violation of gender discriminaiton.

Question 30

Hazelwood School v. Kuhlmeier (1988)

Answer 30

1st Amendment
Student journalists denied the school okay to publish two contraversial articles on teen pregnancy and divorce. School was supported in their actions becasue since it was a school sponsored newspaper the school had legitimate interest in preventing publication of articles deemed inappropriate.

Question 31

West side Community v. Mergens (1990)

Answer 31

Equal Access Act Violation
Christian club was denied permission to form. School was in violation of Equal Access Act because they denied an organization based on religionwhen they had other clubs and organizations.

Question 32

Lau v. Nichols (1974)

Answer 32

14th Amendment
Parital number of students of Chinese ancestory denied supplemental courses in the English language. School district was found in violation of discrimination based on national origin.

Question 33

Peloza v. Capistrano School District (1994)

Answer 33

School district’s directive to a teacher to not discuss religious matters (teach creationism) on campus.

Question 34

Article 1 Bill of Rights Oregon Constitution

Answer 34

Natural rights inherent in people
Freedom of worship
Freeedom of religion
No religious qualification for office
No money to be appropriated for religion
No religious test for witnesses or jurors
Freedom of press and speech
Rights of tyhe accused in criminal prosecution
Foundation principle of criminal law
Equality of priviliges and immunities of citizens
Right to bear arms
Rights of Aliens
Jury trial in civil cases
Emigration

Question 35

Title III No Child Left Behind (2001)

Answer 35

Regulations and funding to ensure language proficeincy and on-grade level academic performance of Limited English Proficient (LEP) students. Students must also meet the same grade level standards as their academic peers.

Question 36

Employment Discrimination based on disability (Oregon Law)

Answer 36

Prohibits discrimination in employment on the basis of an employee’s disability, when the worker’s impairment doesn’t prevent them from performing their job. Employer has an obligation to make reasonable accommodations for the worker’s disability.

Question 37

Work injuries (Oregon Law)

Answer 37

Prohibits discrimination against persons who insure on-the-job injuries.

Question 38

Housing (Oregon Law)

Answer 38

Discrimination in the selling or renting of real estate property is prohibited on the basis of a person’s race, color, sex, marital status, source of income, familial status, religion, or national origin.

Question 39

Public Accommodations (Oregon Law)

Answer 39

Discrimination in public accommodations is unlawful when based on a person’s race, religion, sex, marital status, color, national origin, age (if 18 or older) or disability.

Question 40

Education (Oregon Law)

Answer 40

The statutes prohibit discrimination by any public school against any person.

Discrimination = “any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form or discriminatory in operation, either of which is based on age, disability, national origin, race, marital status, religion, or sex.”

Non-Complying schools may be subject to sanctions.

Question 41

Engel vs. Vitale (1962)

Answer 41

(1962) A group of parents sued a New York public school for making their children recite a prayer at the beginning of each school day. The case won in favor of the parents, saying that making the children recite the prayer was unconstitutional.

Question 42

Lemon Test

Answer 42

1. The government’s action must have a secular legislative purpose;
2. The government’s action must not have the primary effect of either advancing or inhibiting religion;
3. The government’s action must not result in an “excessive government entanglement” with religion.