Law Definitions: Part 2

Question 1

Compulsary Education

Answer 1

• Attendance; ages 6-18; full day

- 2 exceptions: private school and private tutoring

Question 2

When can a board have a closed session?

Answer 2

Disciplinary, specific, and legal

Question 3

Equal Access Act

Answer 3

• Can’t ban groups on the basis of religious, political, or philosophical content of speech
• Schools receiving federal money

Question 4

Fair Use Doctrine

Answer 4

1. The purpose and character of use
2. The nature of copywrited work
3. The proportion that was taken
4. The economic impact of the taking

Question 5

Compensation

Answer 5

• Compensatory: actual loss
• Punitive: health bills; off work
• Nominal: small award of no actual harm

Question 6

Contracts Clause

Answer 6

• Article1, Section 10: dealing with contracts
• Applies only to state legislation, not court cases
• A state can’t pass any laws that impair the obligation of contracts (unless illegal)

Question 7

Torte

Answer 7

A private or civil wrongdoing

Question 8

PERB

Answer 8

• Public Employees Relations Board

- Hears unfair labor practices

Question 9

California Administration Regulations (Branch)

Answer 9

Executive branch; title 5

Question 10

William’s Settlement

Answer 10

• A set of books that can be used at school and home
• They can at least take the books home
• Not for private schools

Question 11

De Facto

Answer 11

Accepted but does not have sanction of laws

Question 12

De Jure

Answer 12

Legitimate law with force of law behind it; is “by right”

Question 13

When do teachers get suspension with pay?

Answer 13

When there is an investigation

Question 14

What is teacher progressive discipline?

Answer 14

• Oral warning/conference
• Written warning
• Letter of reprimand

Question 15

Do probationary teachers need notice of intent to not re-employ?

Answer 15

Yes, March 15th

Question 16

What is part of the California Educational Code?

Answer 16

• No corporal punishment
• Tenured teachers can be dismissed based on list in Ed Code
• Need evaluation 30 days before the end of school

Question 17

Liability Protection

Answer 17

teachers who act outside of the scope of their duties may not have liability protection

Question 18

Brown Act

Answer 18

Regulates board meetings; has decretionary powers

Question 19

Supremacy Clause

Answer 19

The Constitution is the supreme law of the land; Article 6, Section 2

Question 20

Establishment Clause

Answer 20

1st Amendment/ Religion

Question 21

14th Amendment

Answer 21

Due process and equal protection for all

Question 22

4th Amendment

Answer 22

Unreasonable search and seizure

Question 23

5th Amendment

Answer 23

Due process rights

Question 24

10th Amendment

Answer 24

Power not delegated to U.S. is reserved to the states

Question 25

General Welfare Clause

Answer 25

Power to tax; Article 1, Section 8

Question 26

8th Amendment

Answer 26

Cruel and unusual punishment

Question 27

1st Amendment

Answer 27

Freedom of speech, expression, and religion

Question 28

Family Educational and Privacy Act 1974

Answer 28

• Student privacy

- You need to have legitimate educational interest for cumative record

Question 29

IDEIA - Two Prong

Answer 29

1. Disability must fit with one of the listed categories

2. Child must need SPED and related services because of the disability

Question 30

Section 504

Answer 30

Protects handicapped students from discrimination in all programs receiving federal funds

Question 31

How can you get a 504 plan?

Answer 31

1. Physical/mental which limits major life activities
2. Has a record of impairment
3. Is regarded as having the impairment

Question 32

IEP Building Blocks

Answer 32

1. Child find
2. Nondiscriminatory assessment
3. IEP
4. LRE
5. Procedural due process
6. Parent participation
7. Right to educational achievement

Question 33

IEP Identification Process

Answer 33

1. Pre-referal (SST)
2. Referal
3. Evaluation
4. Determine eligibility
5. IEP