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Law Flashcards

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0
Q

The County Board of Education is established by what

A

State legislature

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1
Q

How can free-speech the abridged?

A

Materially or substantially disruptive to education process/activities, create a safety concern on campus, it’s obscene

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2
Q

In a minute straighter must report to the students teacher the following

A

Ed code 48 900 all infractions listed that student has committed including violence dangerous objects or drugs

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3
Q

What are the duties of the California Board of education

A

Overseas efficiency a public school system and grants ed code waivers

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4
Q

California State Board of Education/authority of existence is established by?

A

The California Constitution

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5
Q

Give examples of the local school board of education

A

Local governing board, governing board, local bored, bored trustees on the school board, education board

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6
Q

Arbitration

A

A decision is made after hearing both sides, on the spot

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7
Q

What does the superintendent do

A

Relays on the board policies

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8
Q

Injunction

A

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

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9
Q

Where can you find the general welfare clause

A

In the preamble of the Constitution

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10
Q

First Amendment

A

Also known as the establishment clause address the separation of church and state and free-speech rights

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11
Q

Fourth amendment

A

Protects against unreasonable search and seizure

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12
Q

Fifth Amendment

A

Guarantees due process rights

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13
Q

10th amendment

A

Grants states rights, state controls matters not addressed in the US Constitution

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14
Q

14th amendment

A

Provide equal protection for all citizens and due process

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15
Q

Equal access act of 1984

A

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

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16
Q

California state constitution provide students with what

A

A free public education

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17
Q

Who or what has your authority to establish curriculum

A

Legislature

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18
Q

Who has the power to establish public school system

A

Legislation

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19
Q

School employees are covered by what

A

Workers comp

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20
Q

School property is considered to be ( blank) property

A

State

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21
Q

What is the only way the Bible may be used in schools

A

As literature

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22
Q

Regulations and laws governing public education are found in the what three things

A

California ed code, California administrative code, title X

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23
Q

PERB

A

Public employees relations Board

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24
Q

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

A

30 days

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25
Q

What does the Brown act regulate

A

Open meeting laws

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26
Q

True or false – local boards have the authority to award and reject bids for contractual services

A

True

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27
Q

Boards are responsible for establishing duties of all district personnel and for hiring and firing employees true or false

A

True

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28
Q

Board members do not have the authority to take action when convened at official meetings

A

False this is the only time they may do it

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29
Q

Discretionary Board of Education authority refers to

A

Matters not covered by federal and state statutes, regulations, and laws

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30
Q

The lemon test

A

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

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31
Q

Case law

A

Refers to principles of law established by courts; based on legal precedents

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32
Q

Statute

A

A state or federal law

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33
Q

Teachers can dismiss students in classroom for how many consecutive days

A

2

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34
Q

True or false teachers with tenure can be dismissed for cause

A

True

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35
Q

True or false California ad code sites reasons for teacher dismissal

A

True

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36
Q

School administrators only earned tenure as what

A

Teachers

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37
Q

Where are the laws for reporting suspected child abuse cited?

A

The California Penal Code

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38
Q

Two or false probationary teachers are entitled to written notice of intent not to reemploy

A

true

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39
Q

Permanent teachers who are dismissed due to declining enrollment have how many months for reemployment rights

A

39

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40
Q

When do you probationary teachers employed by the district for two consecutive years become permanent?

A

When they are reelected for a third year of employment

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41
Q

What did the brown decision form basis for

A

Mainstreaming in special-education

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42
Q

De facto

A

“In fact”- must be excepted,but does not have sanction of laws

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43
Q

De Jure

A

“By right”- legitimate state of affairs that has force of law behind it

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44
Q

IDEA

A

Individuals with disabilities education act

45
Q

What does IDEA provide?

A

It provides legal rights and procedural protections for children with disabilities

46
Q

What two things prohibit discrimination against handicapped students and programs receiving federal funds?

A

Section 504 in the rehabilitation act

47
Q

I’ll students with disabilities require what?

A

Reasonable accommodations

48
Q

True or false students must not be expelled, suspended, or punished for manifestations of their disability

A

True

49
Q

FAPE

A

Free appropriate educational program

50
Q

IEP

A

Individualized educational program

51
Q

What is LRE

A

Least restrictive environment – children should be placed in LRE unless IEP requires other arrangements in order to provide A FAPE

52
Q

What does ADA stand for and what does it do?

A

Extends antidiscrimination protections in employment, public accommodations, transportation and telecommunications

53
Q

Tort

A

A private or civil wrong

54
Q

Proximate cause

A

The relation or nexus between defendants action and resulting injury

55
Q

Negligence

A

Duty of care, standard of care, action by reasonable and prudent person, actual loss or injury, proximate cause requires proof of damage

56
Q

True or false – teachers have liability protection within scope of duties performed

A

True

57
Q

True or false – court decides relative to adequate supervision

A

True

58
Q

Assumption of risk

A

May be available as a defense when injured party knew of possible danger; either by agreement or actions voluntary excepted the possibility of horn

59
Q

True or false – responsibility of supervision of students at off-campus activities is not the same as on campus activities

A

False

60
Q

True or false – parents are liable for tortuous conduct of their children

A

True

61
Q

Who is considered to be a certificated employee

A

Credentialed person such as teachers, counselors, School psychologist and administrators

62
Q

Explain the process of progressive discipline

A

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

63
Q

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

A

March 15

64
Q

10 your status is what kind of right to continue to employment

A

Statutory

65
Q

Name to California and code sections that site the grounds for teacher dismissal

A

44943 and 44944

66
Q

Name the California code sections that site the dismissal procedures for permanent teachers

A

44955–44957

67
Q

True or false a permanent classified employee may not be dismissed without notice and hearing

A

True

68
Q

How many days in advance of the layoff must be classified employee receive written notice

A

45 days

69
Q

Child find/0 reject

A

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

70
Q

Nondiscriminatory assessment

A

The assessment must be multidisciplinary and cannot discriminate. Children must be assessed in all areas a suspected disability

71
Q

Name three intentional torts

A

Assault, battery, defamation

72
Q

Name the three defenses to negligence

A

Assumption of risk, comparative negligence, contributory negligence

73
Q

When dealing with negligence what does it mean to have assumption of risk

A

May be available as a defense when injured party knew of possible danger; either by agreement or actions voluntarily excepted the possibility of harm

74
Q

Comparative negligence

A

The injury was partly the fault of several persons

75
Q

Contributory negligence

A

The injured party contributed to his or her injury

76
Q

Statute

A

Laura written by the legislature branch of the government

77
Q

FERPA

A

Family educational rights and privacy act of 1974 – student privacy rights regarding school records

78
Q

True or false pupils cumulative records are considered public records

A

False

79
Q

Who may have access to the records without parental permission

A

Those persons with a legitimate educational interest may have access

80
Q

True or false parents and guardians have a right to challenge incorrect records

A

True

81
Q

True or false – noncustodial parents Macy records and have the right to challenge those records

A

False – noncustodial parents may see the records but have no right to challenge the records

82
Q

No Child left behind act of 2001 – what is the purpose?

A

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

83
Q

What does title seven of the civil rights act of 1964 say?

A

It is unlawful to discriminate in employment against any individual with respect to race, color, religion, sex or national origin

84
Q

Title IX of the education amendments says what?

A

School districts that are recipients of federal financial assistance may not discriminate against students in respect to gender

85
Q

Name the three clauses and the types of amendments listed in the United States Constitution

A

Supremacy clause, general welfare clause, obligation of contracts clause.

Amendments: first, fourth, fifth, eighth, 10th, 14th

86
Q

The federal court system is compromised of what three levels

A

District Court – quart of trial, Court of Appeals, in the highest court in the land the US Supreme Court

87
Q

California is in the 11th circuit of the federal court system true or false

A

False-9th circuit

88
Q

The Supreme Court grants what when at least four justices have agreed to hear a case at the Supreme Court level?

A

Writ of Certiorari

89
Q

What happens if a case is denied “cert”?

A

The decision of the lower court stands

90
Q

What code is under administrative law

A

Code of Federal Regulations

91
Q

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

A

True

92
Q

True or false the legislature may delegate this function to municipalities and counties instead of two separate school boards

A

True

93
Q

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

A

True

94
Q

California education code

A

The collection of statutes that regulates the organization and administration of the California public school system

95
Q

RODDA act of 1975

A

California legislation that authorizes teacher collective bargaining

96
Q

What does PERB do?

A

Conduct hearings relative to unfair labor practices

97
Q

In California any impasse in teacher collective-bargaining negotiations requires mediation true or false

A

True

98
Q

True or false written opinions by the Atty. Gen. are not binding

A

True

99
Q

Title V is what kind of code

A

California administrative code

100
Q

What is title V?

A

Administrative code status by the California Department of Education to interpret and implement the Ed code

101
Q

Who is involved with state governance?

A

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

102
Q

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

A

True

103
Q

The brown act

A

The California statute that governs open meetings for local legislative bodies, including school board meetings

104
Q

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

A

True

105
Q

Compulsory education what is it and what is the code

A

All children between the ages of six and 18 months attend a public full-time day school. Education code 48 200

106
Q

The copyright act of 1976

A

Establish guidelines for the use of copyrighted material in a reasonable manner without owners consent

107
Q

In regards to copyright what are the fair use guidelines?

A

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

108
Q

Public domain in regards to copyright law

A

Public ownership of writings/documents/publications that are not protected by copyright or in which the copyright has expired

109
Q

8th amendment

A

Cruel and unusual punishment

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