School Laws Flashcards
Establishment Clause
Public Schools cannot take any action that would have the primary effect of advancing religion
Free Exercise Clause
Public Schools cannot prohibit free exercise of religious beliefs
Three Questions on the Lemon Test
- Is the purpose secular?
- Is the primary effect to enhance / inhibit religion?
- Is there excessive entanglement by the state in religious matters?
Equal Access Act (1984)
Public Schools cannot deny the use of their facilities for any religious, political, or philosophical reasons if the school has created a “limited open forum”.
Two Major Issues on Equal Access Act
- Public Funding of Religious Schools.
2. Religious Issues in Public Schools
Related Church & State Related Issues [3 of them]
- Opening Prayers at legislative sessions are constitutional.
- Religious invocations violate the establishment clauses.
- Religious benedictions violate the establishment clause.
What can be denied for disciplinary reason?
Attendance at graduation ceremonies.
B/C: Excessive unexcused absences can be viewed as academic nonperformance.
Grade related Issues?
Limited participation in extracurricular activities [sports, and clubs] under school board’s authority
The 14th Amendment:
Provides protection regarding equal protection. NO state can deny equal protection of laws to anyone within its jurisdiction.
Individualized Education Plans (IEP)
Identifies needs, goals/objectives, evaluation procedures, and annual review. This is developed by multi-disciplinary team and the parents.
Least Restrictive Environment
The EAHCA advocates educating handicapped individuals within regular classrooms as much as possible. Mainstreaming is considered less restrictive compared with a segregated environment.
What does EAHCA stand for?
Education for All Handicapped Children Act
Several Factors to be considered for the Least Restrictive Environment: [3]
- The child’s ability to profit from the regular curriculum
- Social interaction benefits
- The impact on the regular education students in the class.
What does IDEA stand for?
Individuals with Disabilities Education Act
IDEA does not require what?
District provide special education services at a private parochial school where the parents have unilaterally placed the child so long as the services are made available at a public school.