School Law Midterm Flashcards
List and briefly explain the three sources of law
- Constitutions – (State and Federal) a body of precepts which provide a framework of law within which orderly governmental processes may operate
- Statutes – laws passed by legislative bodies signed by the appropriate executive head (governor/president)
- Court decisions – judge-made laws, common law – have the effect of law
Define the term deposition and list its three main purposes
Deposition – a written record of testimony of a witness given under oath prior to trial (legal)
Purpose: 1. To find out what the witness is going to say (what witness knows)
2. To learn as much as possible about the case prior to trial
3. To pin the witness down to a written sworn statement from which they cannot deviate at trial without explanation of inconsistencies
Four constitutional amendments are most often (primarily used) used as a basis for law suits in public schools (deal with rights most often abused and deal w/ due process)
1st – freedom of religion, speech, press, and assembly cases
4th – search and seizure
5th – right to due process
14th - equal protection under law
Explain the significance of the first amendment with regard to the relationship between church and state
Religious cases are normally rooted in the 1st amendment. (Gov’t/state is to remain neutral and take no side, gov’t can’t create or interfere as it relates to religion)
Establishment Clause – The government cannot create nor support a religion.
Freedom of Expression Clause – The government cannot interfere with an individual’s rights to exercise religious beliefs.
Explain the significance of Lemon v. Kurtzman with regard to establishing a precedent in church/state litigation (1951);
salaries to teachers teaching secular subjects
The Supreme Court ruled to allow the state to reimburse private schools for the salaries of teachers who taught secular material in private schools.
The Court’s decision established the “Lemon test” which details the requirements for legislation concerning religion. — has the effect of law “common law”
1. Rule/statute Must have a secular legislative purpose
2. Rule Must neither advance nor inhibit religion
3. Must not result in an excessive entanglement with religion
*If any 3 are violated, the government action is deemed unconstitutional under the Establishment Clause
Explain what is meant by due process
Due process is a constitutional procedure that must be followed in order to deprive a person of liberty, life, or property. Life, liberty, and property should not be damaged without just cause which is the due process of law. Due process is the legal requirement that states must respect all legal rights that are owed to a person. Due process protects individuals from living in a police state.
Amendments tied to due process: 14 (Equal protection) and 5 (due process)
2 forms of due process
1.) Procedural-notification of charges with opportunity to deny/defense oneself
2.) Substantive- notification and that the procedure be fair and applied equally
Explain the obligations of schools inherent in the Family Educational Rights and Privacy Act. In other words what are the main requirements/responsibilities of the school in obeying the federal law? (FERPA – schools major responsibilities)
FERPA protects student’s privacy of student records. FERPA gives students access to their education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. There must be a specific educational purpose for schools to share student record information, in written or spoken communication without valid reason, and schools must have consent before disclosing records. Schools must have written permission from the parent or eligible student in order to release any information from a student’s education record. This law gives students 18+ the right of privacy regarding grades, enrollment, and even billing information, unless the school has specific permission from the student to share that specific type of information with the parent.
-Aimed to decrease negative talk about students and their behavior
Wall of separation
separation of church and state – Thomas Jefferson created criteria in establishing a wall of separation; major division and not allowed to mix
plenary
full, complete, absolute – States have plenary power over education (in regards to state legislature power over education)
stare decisis
– let the decision stand – to reopen the case is worse than leaving it alone (done by a higher count)
common law
Court decisions – judge-made laws, common law – have the effect of law
Tinker v Des Moines
LANDMARK CASE: Three students wearing armbands in protest to the Vietnam War were suspended. Court ruled in favor of students stating students had not violated any rule/law and school officials must have more than a desire to avoid discomfort or unpleasantries in order to restrict a student’s rights to express themselves. (Still have the right to freedom of expression)
Goss v Lopez
Due Process Landmark case –The Court held that the students’ suspension from a public school without a hearing violated the due process right protected by the Fourteenth Amendment. A public school must conduct a hearing before subjecting a student to suspension in order for the student to defend himself.
Suspension-can be up to 10 days; violation of school rules
Expulsion-permanent/semi-permanent (by the Board)
Melton v Young
(1973) the 6th Circuit Court of Appeals upheld a student’s suspension for wearing a confederate flag t-shirt. Explain the school’s position, the court’s reasoning, and future implications for other schools in similar cases.
A high school student was suspended for wearing an emblem of the Confederate flag. He sued claiming a violation of the 1st amendment. The school could reasonably forecast substantial disruption because of the history of recent racial tension at the school. The court held that the school could reasonably forecast the wearing of Confederate flag clothing would cause a substantial disruption at school. The court ruled for the school because safety supersedes all else and the school must protect students.
-Freedom of Expression exists, but does not overrule safety
Discuss tort liability.
Define the term “tort” – A civil wrong, independent of a breach of contract, for which a court will provide relief in the form of damages, whereby an injury to a person or their property occurred. A tort is an act that violates one’s personal or private rights. It is a legal remedy to reclaim losses and cuts down on revenge.
Basic elements necessary for an action to be defined as a tort – breach, duty, proximate cause, actual injury
Factors used in assessing the liability of case (with regard to student injuries) –
• The activities the students were involved in at the time of the injury,
• The use of any particular instruments in connection with these activities,
• The age and composition of the class/students,
• Past experience of the teacher with the class or with individuals present at the time,
• The reason for the absence and its duration,
• Whether or not proper supervision would likely have prevented the accident.
Defenses to a tort liability suit – shifting the liability to others, contributory negligence, comparative negligence, assumption of risks, self-defense, intervening cause, provocation
