General Law Flashcards
The first amendment is also known as what?
The establishment clause
Where is the general welfare clause found?
It is found in the preamble to the constitution.
What does the first amendment also known as the establishment clause address?
The first amendment also known as the establishment clause addresses separation of church and state and free-speech rights
What does the fourth amendment protects against?
Unreasonable search and seizure
What does the fifth amendment guarantee?
Due process rights
What does the 10th amendment grants to states?
The 10th amendment grants states’ rights, state controls matters not addressed in the US Constitution
what does the 14th amendment do?
The 14th amendment provides equal protection for all citizens and due process.
The first amendment also known as the establishment clause addresses what
Separation of church and state and free-speech rights
True or false. It is unlawful for a public secondary school that receives federal funds and has created a limited open for them to deny recognition of student initiated groups on the basis of religious political or philosophical content at an on-campus meeting
True
The California state constitution provide students with a free what?
Public education
True or false. Legislation has authority to establish curriculum, what is taught in public schools.
True.
True or false. School property is considered to be state property.
True.
True or false. School employees are covered by Worker’s Compensation.
True.
True or false. California has the power to establish the public school system.
True.
The Bible may be used in schools only as what?
Literature.
Where are regulations and laws governing public education found in?
The California education code and the California administrative code, title V
What does PERB stand for?
Public employees relation board
When certificated employees are evaluated when are they entitled to receive a written copy of the evaluation?
At least 30 days prior to the last day of school scheduled on the calendar.
What act regulates open meeting laws?
The Brown act
True or false. The local boards have the authority to award and reject bids for contractual services.
True.
True or false. boards are responsible for establishing duties of all district personnel. Boards are also responsible for hiring and firing employees.
True.
True or false. Board members have the authority to take action when convened at any type of meetings.
False. Board members have the authority to take action only when convened at official meetings.
What does discretionary board of education authority refer to?
Discretionary board of education authority refers to matters not covered by federal and state statutes, regulations, and laws
What does case law refer to?
The principles of law status by courts; based on legal precedents.
Define statute.
A statute is a state or federal law.
How long can a teacher dismiss students from the classroom?
For two consecutive days.
True or false. teachers with tenure can never be dismissed.
False. Teachers with tenure can be dismissed for cause.
What cites reasons for teacher dismissal?
California education code
True or false. School principals earn tenure as teachers.
True.
Where would you find laws for reporting suspected child abuse?
California penal code.
True or false. Probationary teachers are entitled to written notice of intent not to re-employ.
True.
How long do permanent teachers who are dismissed due to declining enrollment have with regards to reemployment rights?
39 months.
When probationary teachers are employed by district for two consecutive years, when do they become permanent?
They become permanent when they they are we elected for a third year of employment.
What is De Facto segregation?
It must be accepted but does not have sanction of laws. In fact.
What does De jure segregation mean?
Legitimate state of affairs that has force of law behind it. By right
What provides legal rights and procedural protections for children with disabilities?
Individuals with disabilities education act
What prohibits discrimination against handicapped students in programs receiving federal funds?
Section 504 of the rehabilitation act.
True or false. Students must not be expelled or suspended or punished for manifestations of their disability.
True.
True or false. Section 504 requires reasonable accommodations.
True.
FAPE
Free appropriate educational program
IEP
Individualized educational program
True or false. Children should be placed in the least restrictive environment unless the IEP requires other arrangements in order to provide a FAPE.
True.
ADA
Americans with disabilities act
Describe Americans with disabilities act.
Americans with disabilities act extends anti-discrimination protections in employment public accommodations transportation and telecommunications.
Tort
A civil or private wrong
Proximate cause
The relation or nexus between the defendants action in the resulting injury
Negligence
You have a duty of care, standard of care, action by reasonable and prudent person, actual loss or injury, proximate cause, requires proof of damage
True or false. Teachers have liability protection within the scope of their duties performed.
True.
Assumption of risk
May be available as a defense when the injured party knew of the possible danger; either by agreement or actions voluntarily excepted by the possibility of harm
True or false. The responsibility of supervision of students at off-campus activities is the same as on campus.
True.
True or false. Parents are liable for tortuous conduct of their children
True.
What is a statute?
Law written by the legislative branch of government.
What is the supremacy clause?
It says that The federal law takes priority over the state law
What are examples of federal statutes?
NCLB, title VII of the civil rights act, title IX
True or false. Federal law can control all national issues and issues regarding the general welfare clause but not individual state issues.
True
Is education mentioned in the United States Constitution?
No. Education is a state function.
What authority gives the states the function of education?
The 10th amendment in the US Constitution.
True or false. the federal Constitution is not the direct determinant of educational policies within various states
True
True or false. The US Constitution does not mandate that states must provide for a free public school education system.
True.
What clause promotes the general welfare of all persons as opposed to protecting the interests of a narrow population? And where is this clause found?
The general welfare clause is found in the US Constitution
What are examples of things added through the general welfare clause?
No Child left behind which it’s purpose is to ensure that all students have a fair opportunity to obtain a high-quality education and which proficiency and state standards.
Other examples are section 504, ADA, title VII, title IX.
True or false. Education issues are not a direct issue type of case for the US Supreme Court.
True.
True or false. The state has plenary power to establish a public school system unless limited by state constitution.
True.
True or false. School district property is deemed to be property of the state because the state is beneficial owner of district property.
True.
Who is able to pass or make school law?
The state legislature pursuant to state statutes (education code)
Who has the power to determine what is taught in public schools?
The state legislature
What is the first amendment?
- Prohibits laws that abridge speech.
- Prohibits laws that establish a religion which is the establishment clause
- Prohibits the free exercise of religion which is the free exercise clause.
- Overall, free speech and separation of church and state
Establishment clause
Part of the first amendment that prohibits laws that establish a religion
Free exercise clause
part of the first amendment that prohibits the free exercise of religion.
Which amendment protects against unreasonable search and seizure?
Fourth amendment
Which amendment guarantees due process rights?
Fifth amendment
Which amendment addresses cruel and unusual punishment?
Eighth amendment
Which amendment grants states rights, saying that the state controls matters not addressed in the US Constitution?
10th amendment
Which amendment provides equal protection for all citizens and due process?
14th amendment
True or false. Corporal punishment is not prohibited by the eighth amendment but is prohibited in California.
True. The eighth amendment protects against cruel and unusual punishment
Based on what amendment education is a local or state function.
The 10th amendment.
What part of the constitution says that the federal law takes priority over the state law?
Supremacy clause
what are federal and state laws written by the legislative branch?
Statutes
Describe the general welfare clause
The general welfare clause is found in the preamble to the constitution. It promotes the general welfare of all persons as opposed to protecting the interests of a narrow population. So while the US Constitution does not mention education and the states have control of education the general welfare clause does what’s good for the general welfare of all the people for example no Child left behind was implemented under the general welfare clause
What branch of government writes statutes?
The legislative branch
What does the equal access act say?
It is unlawful for a public secondary school that receive federal funds and has created a limited open for them to deny recognition of student initiated groups on the basis of religious political or philosophical content at on-campus meetings
What does FERPA stand for? What does it mean?
Federal educational rights and privacy act
Student privacy rights regarding school records
True or false pupils cumulative records are public records?
False. Pupils cumulative records are not public records. Only those persons with a legitimate educational interests may have access to the records without parental permission. parents and guardians have a right to challenge incorrect records. Non-custodial parents may see records but have no right to challenge records
What is the no Child left behind act of 2001?
It’s purpose was to ensure that all children have a fair equal and significant opportunity to obtain a high-quality education and to reach proficiency on state academic achievement standards
Title VII
Part of the civil rights act. Title VII says it is unlawful to discriminate in employment against any individual with respect to race, color, religion, sex, or national origin.
Title IX of the education amendments
School districts that are recipients of federal financial assistance me not discriminate against students in respect to gender.
What is the federal court system comprised of? Name three levels.
District Court, Court of Appeals, and the highest court of the land the US Supreme Court
What circuit is the state of California in, in the federal court system?
The ninth circuit
What does the Supreme Court Grant went at least for justices have agreed to hear a case of the Supreme Court level?
Writ of certiorari
True or false. The California state constitution provide students with the guarantee of a free public education.
True.
True or false. The legislator has plenary (which means full) authority to create subordinate agencies Cenchill to the effective supervision and management of public schools.
True.
True or false. The legislature maintains the power to establish qualifications, number, composition, method of election, and removal of agencies designed to operate the school system.
True.
True or false. The legislature has no authority and establishing curriculum, what is taught in public schools.
False. The legislature does have authority in establishing curriculum.
True or false. The legislature has the power to establish public school systems.
true.
True or false. School employees are covered by Worker’s Compensation.
True.
School property is considered to be who’s property?
The state’s property.
Where are regulations and laws governing public education found?
1) The California education code
2) The California administrative code, title V
California administrative code, title V
Regulations and laws governing public education are found here
What is the collection of statutes that regulates the organization and administration of the California public school system?
That California education code
What is the RODDA act of 1975?
California legislation that authorizes teacher collective bargaining
What is PERB?
Public employees relation board which was established by the road to act. PERB conducts hearings relative to unfair labor practices
True or false. In California any impasse on teacher collective-bargaining negotiations requires mediation
True.
True or false. Attacks or threats against school employees must be reported by school officials to the police
True.
True or false. When the pinons by the Atty. Gen. are absolutely binding
False. Written opinion by the Atty. Gen. are not binding
Title V
The administrative code, rules and regulations, established by the California Department of Education to interpret and implement the California education code
What was the California State Board of Education established by?
The California Constitution
Who must oversee the efficiency of the public school system?
The board
What ad code section refer to the board overseeing the efficiency of the public school system?
33000-33080
Who established the state superintendent of public instruction?
The California Constitution
Who establishes the county boards of education?
The state legislature
Name the order of state Governance of education. there are seven.
California State Board of Education, state superintendent of public instruction, County Board of Education, County superintendent of schools, local boards of education, school district superintendents, principals
Legally, who is the administrative body who executes in and administers the statutes promulgated by the legislature?
The Board of Education
What is the Brown act
The Brown act is the California statute that governs open meetings for local legislative bodies, including school board meetings.
All school board meetings must be conducted in conformity with what?
The Brown act provisions. Failure to promulgate time, place, and notice of meetings could invalidate board transactions
True or false. Governing boards have the authority to conduct school business anywhere they would like.
False. Governing boards have the authority to conduct school business only at legally constituted meetings.
True or false. Compliance with the Brown act requires that the Board of Education make convenes who closed or executive sessions to discuss litigation, negotiations, or personal matters.
True.
Every official act taken by the governing board of every school district shall be affirmed by what?
A formal vote.
True or false. Boards are responsible for establishing duties of all district personnel in for hiring and firing employees.
True.
What does discretionary board of education authority refer to?
Matters not covered by federal and state statutes, regulations, and laws. And exercising this discussion board members must act in good faith and with good diligence.
True or false. Local boards have the authority to award and reject bids for contractual services.
True.
What is the legal authority to contract governed by?
Statute. The right to a contract is a discretionary board power and may not be delegated
True or false. A school district may not make any contract unconnected with the educational purpose for which is created.
True.
True or false. Contracts which were valid when negotiated are binding on members replacing the personnel responsible for the transaction.
True.
True or false. In California the governing board of any school district may award contracts to the lowest responsible bidder.
True. The lowest responsible bidder is the lowest bid submitted his offer is best qualified and quality fitness and ability to perform the particular requirements of the proposed work.
What is compulsory attendance and what education code will you find it in?
All children between ages of 6 and 18 must attend a public full-time day school and unless otherwise exempted. This is an education code 48200
What are exemptions of public full-time day school?
Private tutoring exemption private school exemption
What education code will you find California suspension and expulsion procedures?
48900
How many days can teachers dismiss students from the classroom for?
Two consecutive days.
What education code section would you find information about teacher evaluation?
44660
Certificated employees who were evaluated are entitled to receive a written copy of the evaluation at least how many days prior to the last day of school scheduled on the calendar?
30 days
Name the steps to progressive discipline.
Verbal warning, written warning, letter of reprimand, unsatisfactory evaluation, suspension with pay, and dismissal.
In California for how long are teachers classified as probationary teachers?
Two years.
The school district must notify a probationary employee on or before what date of the employees second consecutive school year of employment of the decision not to reelect him or her for the next school year otherwise what happens?
March 15
They get automatically reelected.
True or false. Probationary teachers are entitled to written notice of intent of not to reemploy.
True.
True or false. Tenure status is a statutory right to continued employment.
True.
True or false. Teachers the tenure can be dismissed for cause.
True.
What education code section would you find the grounds for teacher dismissal?
44943 and 44944
What California Education code section would you find the citations for the dismissal procedures for permanent teachers?
44955 through 44957
What do school principals earn tenure as?
Teachers
Permanent teachers who are dismissed due to declining enrollment have how many months of reemployment rights?
39 months
True or false. Probationary teachers employed by district for two consecutive years become permanent when reelected for a third year of employment
True.
True or false. A permanent classified employee may not be dismissed without a notice and hearing
True. The classified employee must receive written notice of the layoff 45 days in advance of the layoff
What is DeJure Segregation?
Force of law behind it.
What is DeFacto Segregation?
By fact. Must be accepted. But does not have sanction of laws
What provides the legal rights and procedural protection for children with disabilities?
IDEIA of 2004
Name the building blocks of IDEIA.
Child find, non-discriminatory assessment, free appropriate public education, IEP, LRE, due process.
True or false. Students may not be expelled, suspended, or punished for manifestations of their disability.
True.
What must be provided if a student is removed through expulsion or suspension and is a special education student?
FAPE
Section 504
Prohibits discrimination against students with disabilities in programs receiving federal funds. Requires reasonable accommodations.
Americans with Disabilities Act
Extenze anti-discrimination protections in employment, public accommodations, transportation, and telecommunications.
What is a tort?
A private or civil wrong
Give three examples of intentional torts.
Assault, battery, defamation
Negligence
Duty of care, standard of care, action by reasonable and prudent person, actual loss or injury, proximate cause, requires proof of damage.
Proximate cause
The relation or nexus between defendants actions and the resulting injury
True or false. Teachers have liability protection with in the scope of duties performed.
True.
Name three defenses to negligence and describe them
Assumption of risk. May be available as a defense when the injured party knew if possible danger. Comparative negligence. The injury was partly the fault of several persons. Contributory negligence. The injured party contributed to his or her injury.
True or false. responsibility for supervision of students at off-campus activities is the same as on campus.
True.
Who are liable for tortious conduct of their children?
Parents.
Where do you find requirements for reporting suspected child abuse?
California Penal Code
When reporting suspected child abuse wind must’ve written reports be submitted by?
Within 36 hours.
Why was the copyright act of 1976 established?
It established guidelines for the use of copyrighted material in a reasonable manner without the owner’s consent
Not more than what percent of work can be copied?
10%
What does public domain mean?
Public ownership of writings, documents, or publications that are not protected by copyright or in which the copyright has expired.
