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School Law > Midterm > Flashcards

Midterm Flashcards

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0
Q

Engel vs vitale

A

School sponsored prayer

No state endorsed prayer

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1
Q

Plyler vs Doe

A

Educating illegal aliens

Must withhold funds and deny school entry

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2
Q

Lau vs. Nichols

A

Bilingual children
Chinese students
Must rectify language deficiencies

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3
Q

Hazelwood vs Kuhlmeizer

A

School sponsored publication

School admin has censorship powers

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4
Q

Mcnaughton vs circleville

A

Hazing

Students hazed and not offered due process

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5
Q

Pierce vs society of sisters

A

School attendance
Students may attend public, private, or parochial
May not interfere with property right or 14th amendment

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6
Q

Brown vs BOE Topeka

A

Discrimination

Overruled separate by equal eliminated segregation

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7
Q

Tinker vs Des Moines

A

Students rights of expression
Right to freedom of expression/speech
Armbands opposing Vietnam war

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8
Q

New Jersey vs TLO

A

Student search and seizure
Smoking in bathroom
Unreasonable searched protected by 4th & 14th amendment
No warrant or probably cause needed, only reasonable cause

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9
Q

Board of regents vs Roth

A

Teacher protection
If at will, no due process is due
No legit claim, no property, termination allowed, and no due process needed

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10
Q

14th amendment

A 
Found in the bill of rights
Personal rights
Due process
Equal protection clause
42 USC source of major litigation
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11
Q

Case law

A

Principals of law established by courts

Believed to afford more equal treatment

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12
Q

State statues

A 
Financing schools
Tax instructments
Teacher pupil ratios
Personnel
Fair dismissal
Min/max ages
Length of day/year
Suspension/expulsion
Collective bargaining
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13
Q

Sources of law

A

Constitution law- foundation of existing
Statutory law- creating law, duties of SBOE, TEA, school boards, charter schools, and personnel
Administrative law- rules, regulations, decisions; applying law to reality
Judicial law- state and federal courts decisions, final say so here

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14
Q

Texas legislature

A

Responsible for structure and operation of school system

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15
Q

SBOE

A

Establish curriculum and graduation requirements
Create standards for student performance
Textbook selection
Permanent school funds
Duties outlined by legislature, separate from TEA

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16
Q

Local district role

A

Governed by board of trustees/school boards

Legislature outlines responsibilities

17
Q

Charter schools role

A

Newly created public school that operates relatively free of state regulation
3 types- home rule school districts, campus, open-enrollment

18
Q

Private schools role

A

Subject to select federal civil rights like Title VII employment discrimination
Not subject to federal laws with funding- IDEA, Title IX (sex discrimination), NCLB

19
Q

Superintendent

A

COO of public school district and implements policies of the board

20
Q

School principal

A

Frontline administrator
Reports to superintendent
Days to day activities
Most responsible for school improvement

21
Q

Compulsory attendance

A

Children between certain ages must attend public, private, home, or some form of online school- Pierce vs society of sisters

22
Q

Religion in schools

A

Ensure proper separation of church and state and no discrimination against allowable religious expression
Engel vs vitale- state prayer unconstitutional
Township vs schempp- reading bible and reciting prayer, unconstitutional

23
Q

Lemon test

A

LP AIR EGG
3 part test under which a statue is challenged
Need to only violate one of the three
1. A secular legislative purpose
2. Principal or primary effect that neither advances nor inhibits religion
3. Not foster an excessive entanglement with religion

24
Q

10 Texas legislature objectives

A 
PDR WRE SCIP 
Parents as full partners
Development of student potential
Reduction of dropout rate
Well balanced curriculum
Recruitment/retention of HQ personnel
Exemplary student performance
Safe/disciplined learning environment
Create to improve learning
Implementation of technology
Preparation of students to become citizens
25
Q

Residency, guardianship, right to attend

A

One parent, guardian, or grandparent in district
Homeless but shelter in district
Foreign exchange student with district family
Foster care in district
Residential facility in district

26
Q

Students and the law

A

Tinker vs Des Moines
Hazelwood bs Kuhlmeier
Sherman vs com school district 21- school pledge
FERPA- Buckley amendment, privacy of info
New Jersey vs TLO

27
Q

Teachers and the law

A

Board of regents vs Roth
Pickering vs BOE Township
Brown vs BOE Topeka

28
Q

Due process

A

Must have due process before taking life, liberty, or property
1. Must be some action if the state
2. State must have deprived life, liberty, or property
3. Amount of due process depends on severity of deprivation
Fundamentals are notice of misbehavior and opportunity to offer explanation

29
Q

Chapter 37 TEC

A

Gave state law more control over student discipline
Desire of the legislature to keep students in school
DAEPs must be established for misconduct
Schools and juvenile justice system

30
Q

Student code of conduct

A 
SAID
Districts must have one
Rule of due process
Code must indicate how district will notify parents of infraction
Must consider 4 things before suspension, explusion, or DAEPS
1. Self-defense
2. Intent
3. Disciplinary history
4. Any disabilities that impair
31
Q

Statues

A

A law enacted by a legislative body.

32
Q

TEC

A

Texas education code- source of law because it applies to the daily operation of schools, duties of SBOE, TEA, school boards, charter schools, school personnel

33
Q

FERPA

A

Family educational rights and privacy act
Known as the Buckley amendment
Regulates Access, challenge, restrict disclosure

34
Q

CAFR

A

Comprehensive annual financial report

35
Q

MFP

A

Minimum foundation program

Minimum for State funds for personnel and operations for districts

36
Q

DAEP

A

Disciplinary alternative education programs
An isolated placed for students with misconduct
Required for each school

37
Q

Supreme Court

A

Can speak for the entire state in civil matters

Two in Texas- civil and criminal court of appeals

38
Q

US Court of appeals for the fifth circuit

A

One of the 13 circuit courts in the nation

LA, MS, and TX

39
Q

District courts

A

Major trial courts in state judicial system
Criminal and civil matters
Goes up to Texas Supreme Court next

School Law (1 decks)

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