Law Flashcards
10th Amendment
States have assumed the duty to educate, the power to tax its citizens to finance education, and the power to compel school attendance.
School Boards
Management of local schools delegated by the state and thus school personal decisions are seen as state actions.
State Law
Considered an entitlement and a property right
14th Amendment - Equal Protection Clause
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.
Brown v. the Board of Education - 1954
Assignment of African-American children to separate and inferior schools is a denial of equal protection.
Keyes v. School District 1 - 1973
Principles of Brown applied to racial and ethnic groups other than African-Americans.
Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania - 1971, 1972.
Mills v. Board of Education - 1972
Exclusion of children with handicaps from public schools is a denial of equal protection.
14th Amendment - Due Process Clause
The state shall not “deprive any person of life, liberty, or property, without due process of law”.
Elementary and Secondary Education Act
Provides financial assistance to schools with high concentrations of children from low income families to improve basic skills, drop-out prevention, and drug education.
Hatch Amendment
Requires parental consent before a student can be examined, or treated as part of a federally funded experimental, demonstration or testing program.
The Family Educational Rights and Privacy Act (the Buckley Amendment or FERPA)
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.
IDEA (Individuals with Disabilities Education Act)
Allocates funds to all states to provide a free and appropriate education to all children with disabilities as defined by the law.
Section 504 of the Rehabilitation Act
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.
The Americans with Disabilities Act
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.
Roberts v. City of Boston (1848-49)
An attempt to end segregated schooling. Massachusetts legislature subsequently ended segregated schools in 1855.
Gong Lum v. Rice (1924)
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.
Plessy v. Ferguson
The Citizens Committee wanted to test the “separate car law”.
Sweatt v. Painter (1950)
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.
McLaurin v. Oklahoma State Regents (1950)
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.
ESEA Annual Testing
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.
ESEA Academic Improvement
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.
ESEA Teacher and Principle Quality
$3.2 billion for hiring teachers to reduce class size, retraining new teachers, etc.
ESEA Reading First
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).
