Law Flashcards
The County Board of Education is established by what
State legislature
How can free-speech the abridged?
Materially or substantially disruptive to education process/activities, create a safety concern on campus, it’s obscene
In a minute straighter must report to the students teacher the following
Ed code 48 900 all infractions listed that student has committed including violence dangerous objects or drugs
What are the duties of the California Board of education
Overseas efficiency a public school system and grants ed code waivers
California State Board of Education/authority of existence is established by?
The California Constitution
Give examples of the local school board of education
Local governing board, governing board, local bored, bored trustees on the school board, education board
Arbitration
A decision is made after hearing both sides, on the spot
What does the superintendent do
Relays on the board policies
Injunction
States that they are violating the law… Document filed in court requesting the court to immediately order the teachers not to strike due to your repairable harm to students
Where can you find the general welfare clause
In the preamble of the Constitution
First Amendment
Also known as the establishment clause address the separation of church and state and free-speech rights
Fourth amendment
Protects against unreasonable search and seizure
Fifth Amendment
Guarantees due process rights
10th amendment
Grants states rights, state controls matters not addressed in the US Constitution
14th amendment
Provide equal protection for all citizens and due process
Equal access act of 1984
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 on-campus meetings
California state constitution provide students with what
A free public education
Who or what has your authority to establish curriculum
Legislature
Who has the power to establish public school system
Legislation
School employees are covered by what
Workers comp
School property is considered to be ( blank) property
State
What is the only way the Bible may be used in schools
As literature
Regulations and laws governing public education are found in the what three things
California ed code, California administrative code, title X
PERB
Public employees relations Board
Certificated employees who are 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
What does the Brown act regulate
Open meeting laws
True or false – local boards have the authority to award and reject bids for contractual services
True
Boards are responsible for establishing duties of all district personnel and for hiring and firing employees true or false
True
Board members do not have the authority to take action when convened at official meetings
False this is the only time they may do it
Discretionary Board of Education authority refers to
Matters not covered by federal and state statutes, regulations, and laws
The lemon test
A three-part establishment clause test. A governmental practice must
1) reflect a clearly secular purpose
2) have a primary effect that neither advances nor inhibits religion
3) avoids excessive entanglement with religion
Case law
Refers to principles of law established by courts; based on legal precedents
Statute
A state or federal law
Teachers can dismiss students in classroom for how many consecutive days
2
True or false teachers with tenure can be dismissed for cause
True
True or false California ad code sites reasons for teacher dismissal
True
School administrators only earned tenure as what
Teachers
Where are the laws for reporting suspected child abuse cited?
The California Penal Code
Two or false probationary teachers are entitled to written notice of intent not to reemploy
true
Permanent teachers who are dismissed due to declining enrollment have how many months for reemployment rights
39
When do you probationary teachers employed by the district for two consecutive years become permanent?
When they are reelected for a third year of employment
What did the brown decision form basis for
Mainstreaming in special-education
De facto
“In fact”- must be excepted,but does not have sanction of laws
De Jure
“By right”- legitimate state of affairs that has force of law behind it
IDEA
Individuals with disabilities education act
What does IDEA provide?
It provides legal rights and procedural protections for children with disabilities
What two things prohibit discrimination against handicapped students and programs receiving federal funds?
Section 504 in the rehabilitation act
I’ll students with disabilities require what?
Reasonable accommodations
True or false students must not be expelled, suspended, or punished for manifestations of their disability
True
FAPE
Free appropriate educational program
IEP
Individualized educational program
What is LRE
Least restrictive environment – children should be placed in LRE unless IEP requires other arrangements in order to provide A FAPE
What does ADA stand for and what does it do?
Extends antidiscrimination protections in employment, public accommodations, transportation and telecommunications
Tort
A private or civil wrong
Proximate cause
The relation or nexus between defendants action and resulting injury
Negligence
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 scope of duties performed
True
True or false – court decides relative to adequate supervision
True
Assumption of risk
May be available as a defense when injured party knew of possible danger; either by agreement or actions voluntary excepted the possibility of horn
True or false – responsibility of supervision of students at off-campus activities is not the same as on campus activities
False
True or false – parents are liable for tortuous conduct of their children
True
Who is considered to be a certificated employee
Credentialed person such as teachers, counselors, School psychologist and administrators
Explain the process of progressive discipline
Oral warning, a written warning delivered to an employee, a letter of reprimand to be placed in the employees file, and unsatisfactory evaluation, suspension without pay and finally dismissal
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 relax him or her for the next school year
March 15
10 your status is what kind of right to continue to employment
Statutory
Name to California and code sections that site the grounds for teacher dismissal
44943 and 44944
Name the California code sections that site the dismissal procedures for permanent teachers
44955–44957
True or false a permanent classified employee may not be dismissed without notice and hearing
True
How many days in advance of the layoff must be classified employee receive written notice
45 days
Child find/0 reject
The L EA must locate all children with disabilities located within the district, including children in public schools private schools and homeless children. The L EA may not exclude children because of the severity of the disability
Nondiscriminatory assessment
The assessment must be multidisciplinary and cannot discriminate. Children must be assessed in all areas a suspected disability
Name three intentional torts
Assault, battery, defamation
Name the three defenses to negligence
Assumption of risk, comparative negligence, contributory negligence
When dealing with negligence what does it mean to have assumption of risk
May be available as a defense when injured party knew of possible danger; either by agreement or actions voluntarily excepted the possibility of harm
Comparative negligence
The injury was partly the fault of several persons
Contributory negligence
The injured party contributed to his or her injury
Statute
Laura written by the legislature branch of the government
FERPA
Family educational rights and privacy act of 1974 – student privacy rights regarding school records
True or false pupils cumulative records are considered public records
False
Who may have access to the records without parental permission
Those persons with a legitimate educational interest may have access
True or false parents and guardians have a right to challenge incorrect records
True
True or false – noncustodial parents Macy records and have the right to challenge those records
False – noncustodial parents may see the records but have no right to challenge the records
No Child left behind act of 2001 – what is the purpose?
To ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach proficiency on state academic achievement standards
What does title seven of the civil rights act of 1964 say?
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 says what?
School districts that are recipients of federal financial assistance may not discriminate against students in respect to gender
Name the three clauses and the types of amendments listed in the United States Constitution
Supremacy clause, general welfare clause, obligation of contracts clause.
Amendments: first, fourth, fifth, eighth, 10th, 14th
The federal court system is compromised of what three levels
District Court – quart of trial, Court of Appeals, in the highest court in the land the US Supreme Court
California is in the 11th circuit of the federal court system true or false
False-9th circuit
The Supreme Court grants what when at least four justices have agreed to hear a case at the Supreme Court level?
Writ of Certiorari
What happens if a case is denied “cert”?
The decision of the lower court stands
What code is under administrative law
Code of Federal Regulations
True or false – the legislature is endowed with plenary Authority to create subordinate agencies essential to the effect of supervision and management of public schools
True
True or false the legislature may delegate this function to municipalities and counties instead of two separate school boards
True
True or false – the legislature maintains the power to establish qualifications, number, composition, method of election, and removal of agencies designated to operate the school system
True
California education code
The collection of statutes that regulates the organization and administration of the California public school system
RODDA act of 1975
California legislation that authorizes teacher collective bargaining
What does PERB do?
Conduct hearings relative to unfair labor practices
In California any impasse in teacher collective-bargaining negotiations requires mediation true or false
True
True or false written opinions by the Atty. Gen. are not binding
True
Title V is what kind of code
California administrative code
What is title V?
Administrative code status by the California Department of Education to interpret and implement the Ed code
Who is involved with state governance?
California State Board of Education, state superintendent of public instruction, County Board of Education, county superintendents, local Board of Education, school district superintendents and principles
True or false – the Board of Education or other regulatory school agency provides the means by which the management and supervision of the public schools find expression
True
The brown act
The California statute that governs open meetings for local legislative bodies, including school board meetings
True or false – all school board meetings must be conducted in conformity with the Brown act provisions. Failure to divulge time, place, and notice of meetings could invalidate board transactions
True
Compulsory education what is it and what is the code
All children between the ages of six and 18 months attend a public full-time day school. Education code 48 200
The copyright act of 1976
Establish guidelines for the use of copyrighted material in a reasonable manner without owners consent
In regards to copyright what are the fair use guidelines?
Only single copies maybe made, multiple copies are restricted by brevity – no more than 10% of the work, spontaneity – not enough time to request permission to use the material and cumulative effect – copied for one course and limited to the one class term
Public domain in regards to copyright law
Public ownership of writings/documents/publications that are not protected by copyright or in which the copyright has expired
8th amendment
Cruel and unusual punishment
