Midterm Flashcards

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
10 Texas legislature objectives
``` 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 ```
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Residency, guardianship, right to attend
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
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Students and the law
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
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Teachers and the law
Board of regents vs Roth Pickering vs BOE Township Brown vs BOE Topeka
28
Due process
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
Chapter 37 TEC
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
Student code of conduct
``` 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
Statues
A law enacted by a legislative body.
32
TEC
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
FERPA
Family educational rights and privacy act Known as the Buckley amendment Regulates Access, challenge, restrict disclosure
34
CAFR
Comprehensive annual financial report
35
MFP
Minimum foundation program | Minimum for State funds for personnel and operations for districts
36
DAEP
Disciplinary alternative education programs An isolated placed for students with misconduct Required for each school
37
Supreme Court
Can speak for the entire state in civil matters | Two in Texas- civil and criminal court of appeals
38
US Court of appeals for the fifth circuit
One of the 13 circuit courts in the nation | LA, MS, and TX
39
District courts
Major trial courts in state judicial system Criminal and civil matters Goes up to Texas Supreme Court next