Midterm Flashcards
Engel vs vitale
School sponsored prayer
No state endorsed prayer
Plyler vs Doe
Educating illegal aliens
Must withhold funds and deny school entry
Lau vs. Nichols
Bilingual children
Chinese students
Must rectify language deficiencies
Hazelwood vs Kuhlmeizer
School sponsored publication
School admin has censorship powers
Mcnaughton vs circleville
Hazing
Students hazed and not offered due process
Pierce vs society of sisters
School attendance
Students may attend public, private, or parochial
May not interfere with property right or 14th amendment
Brown vs BOE Topeka
Discrimination
Overruled separate by equal eliminated segregation
Tinker vs Des Moines
Students rights of expression
Right to freedom of expression/speech
Armbands opposing Vietnam war
New Jersey vs TLO
Student search and seizure
Smoking in bathroom
Unreasonable searched protected by 4th & 14th amendment
No warrant or probably cause needed, only reasonable cause
Board of regents vs Roth
Teacher protection
If at will, no due process is due
No legit claim, no property, termination allowed, and no due process needed
14th amendment
Found in the bill of rights Personal rights Due process Equal protection clause 42 USC source of major litigation
Case law
Principals of law established by courts
Believed to afford more equal treatment
State statues
Financing schools Tax instructments Teacher pupil ratios Personnel Fair dismissal Min/max ages Length of day/year Suspension/expulsion Collective bargaining
Sources of law
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
Texas legislature
Responsible for structure and operation of school system
SBOE
Establish curriculum and graduation requirements
Create standards for student performance
Textbook selection
Permanent school funds
Duties outlined by legislature, separate from TEA
Local district role
Governed by board of trustees/school boards
Legislature outlines responsibilities
Charter schools role
Newly created public school that operates relatively free of state regulation
3 types- home rule school districts, campus, open-enrollment
Private schools role
Subject to select federal civil rights like Title VII employment discrimination
Not subject to federal laws with funding- IDEA, Title IX (sex discrimination), NCLB
Superintendent
COO of public school district and implements policies of the board
School principal
Frontline administrator
Reports to superintendent
Days to day activities
Most responsible for school improvement
Compulsory attendance
Children between certain ages must attend public, private, home, or some form of online school- Pierce vs society of sisters
Religion in schools
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
Lemon test
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