Law

Question 1

10th Amendment

Answer 1

States have assumed the duty to educate, the power to tax its citizens to finance education, and the power to compel school attendance.

Question 2

School Boards

Answer 2

Management of local schools delegated by the state and thus school personal decisions are seen as state actions.

Question 3

State Law

Answer 3

Considered an entitlement and a property right

Question 4

14th Amendment - Equal Protection Clause

Answer 4

A state cannot provide free public education to some but not others and that the state must provide equal opportunity to all of its citizens.

Question 5

Brown v. the Board of Education - 1954

Answer 5

Assignment of African-American children to separate and inferior schools is a denial of equal protection.

Question 6

Keyes v. School District 1 - 1973

Answer 6

Principles of Brown applied to racial and ethnic groups other than African-Americans.

Question 7

Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania - 1971, 1972.
Mills v. Board of Education - 1972

Answer 7

Exclusion of children with handicaps from public schools is a denial of equal protection.

Question 8

14th Amendment - Due Process Clause

Answer 8

The state shall not “deprive any person of life, liberty, or property, without due process of law”.

Question 9

Elementary and Secondary Education Act

Answer 9

Provides financial assistance to schools with high concentrations of children from low income families to improve basic skills, drop-out prevention, and drug education.

Question 10

Hatch Amendment

Answer 10

Requires parental consent before a student can be examined, or treated as part of a federally funded experimental, demonstration or testing program.

Question 11

The Family Educational Rights and Privacy Act (the Buckley Amendment or FERPA)

Answer 11

Stipulates that no federal money will be made available to schools unless they adhere to pupil record keeping regulations under the law. Designed to ensure confidentiality and parent access to the records of their children.

Question 12

IDEA (Individuals with Disabilities Education Act)

Answer 12

Allocates funds to all states to provide a free and appropriate education to all children with disabilities as defined by the law.

Question 13

Section 504 of the Rehabilitation Act

Answer 13

Prohibits discrimination on the basis of handicapping condition against any “otherwise qualified individual”. Schools must comply with Section 504 if they receive any federal funds whatsoever for any purpose.

Question 14

The Americans with Disabilities Act

Answer 14

The most significant of all federal anti-discriminatory legislation. It guarantees equal opportunity for disabled individuals in employment, public accommodation, transportation, state and local government services, and telecommunications. Title II subtitle A is pertinent to public education.

Question 15

Roberts v. City of Boston (1848-49)

Answer 15

An attempt to end segregated schooling. Massachusetts legislature subsequently ended segregated schools in 1855.

Question 16

Gong Lum v. Rice (1924)

Answer 16

Martha Lum, a nine-year old Chinese American, was prohibited from attending public school in Mississippi solely because she was of Chinese descent.
Incorrectly labeled as “colored”; lower court reverses the school board.
State and U.S. Supreme courts reverse lower court.

Question 17

Plessy v. Ferguson

Answer 17

The Citizens Committee wanted to test the “separate car law”.

Question 18

Sweatt v. Painter (1950)

Answer 18

Heman Sweatt, a black man, was refused admission to the U. of Texas Law School. He was offered admission to a newly established law school for blacks. Sweatt sued and lost. Because of the poor quality of the new school’s resources, the Court ruled that separate was not equal.

Question 19

McLaurin v. Oklahoma State Regents (1950)

Answer 19

U. of Oklahoma denied McLaurin admission b/c of a state banning the education of whites & blacks together.
U of O admitted him but provided him with a separate table in the library & cafeteria; also, a separate desk outside of the classroom.
U.S. Supreme court provided injunctive relief.

Question 20

ESEA Annual Testing

Answer 20

Administer annual tests in reading and math (grades 3-8). Implement science assessments once during elementary, middle, and high school. A sample of 4th and 8th grade students must participate in the NAEP.

Question 21

ESEA Academic Improvement

Answer 21

Must attain academic proficiency, as defined by the state, within 12 years.
If a school is deemed to be “failing” and sufficient progress is not made after 2 years, public school choice must be provided.
After 3 years, parents can use some portion of Title 1 monies to pay for private tutoring.

Question 22

ESEA Teacher and Principle Quality

Answer 22

$3.2 billion for hiring teachers to reduce class size, retraining new teachers, etc.

Question 23

ESEA Reading First

Answer 23

Reading First–A competitive grant program that seeks to enhance the reading readiness of 3-5 year-old children from high poverty areas ($75 million per year).