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Chapters 4-8 LAW final
notes for LAW final
60
Education
Post-Graduate
11/10/2009

Additional Education Flashcards

 


 

Cards

Term
The California Education Code requires evaluation and assessment of the performance of each certificated employee at least once a year
Definition

False

 

every other year or not 

if teacher 10 years, every 5 years.

Term
The objective of formative evaluation is to help each teacher develop to the optimum by strengthening existing skills, while discovering and correcting weaknesses.
Definition
True
Term
Summative evaluation is generally more formal than formative evaluation and requires documentary data.
Definition
True
Term
The right of a school board to terminate an employee from service is clearly established in state statutes and confirmed by the courts.
Definition
True
Term
Progressive discipline may be defined as a "series of disciplinary steps, each step calling for more than serious disciplinary action."
Definition
True
Term
Tenure is defined as a statutory right to continued employment.  Once an employee has received tenure, an employer must have proof of "good cause" prior to dismissal.
Definition
True
Term
One of the arguments against the granting of tenure is that is may protect incompetent and undesirable teachers in the profession.
Definition
True
Term
Immoral or unprofessional conduct is one of the 12 specific reasons for dismissal of a tenured teacher.  Nonconventional sexual life style is an example of immoral conduct and may be grounds for dismissal.
Definition

False

sexual lifestyle is not an example of immoral conduct

 

Term
Being charged with a felony is grounds for dismissal under California law.  Examples of a felony include arrest for selling of drugs or pornography.
Definition
True
Term
State courts have agreed that tenured teachers possess property and liberty rights.  The US Supreme Court affirmed Roth v. Board of Regents that non-tenured employees are entitled to property and liberty rights.
Definition

False

 

non-tenured employees do not have property rights but do have due process

Term
Board of Regents v. Roth
Definition
a non-tenured teacher need not be given reasons for nonrenewal unless the nonrenewal deprived the teacher of a "liberty" interest or if there was a "property" interest in continued employment
Term
Pickering v. Board of Education
Definition

established the principal that public school teachers have 1st amendment right to freedom of expression

 

the supreme court sided with teacher who was dismissed for writing a published letter criticising the school board.

Term
Mt. Healthy District v. Doyle
Definition

Doyle claimed that the Board's refusal to renew his contract in 1971 violated his rights under the 1st/14th amendments to the us constitution.

 

District held that Doyle was entitled to reinstatement with back pay.

Term

Fowler v. Board of Education

 

Teacher showed the movie "Pink Floyd the Wall" to students in Kentucky in 1984

Definition

Does the 1st Amendment extend to a teacher's exercise of academic freedom?

Is "conduct unbecoming a teacher" unconstitutionally vague?


The district court found the 1st amendment did protect the teacher's conduct, the court of appeals concluded that the 1st amendment does not when the teacher uses a blatant lack of judgement.

Term
Wilson v. Chancellor
Definition
Term

East Hartford Education Association v. Board of Education of town of East Hartford, 1977

 

Definition

In refusing to wear a tie to school, was the teacher violation of the dress code "symbolic speech" and therefore protected against governmental interference by the First Amendment?

 

 

Term

Fuhr v. City of Hazel Park

2004

Definition

Was it sexual discrimination under title VII when high school decided to promote male basketball coach (Barnett) over female basketball coach (Fuhr) as head of boy's varsity basketball team?

 

Fuhr had much more experience and jury awarded on her side. She was named the boy's varsity basketball coach.  She was able to provide evidence that gender was a factor in why she was not chosen.

 

Term

Eckmann v. Board of Education

Northern District of Illinois, 1996

Definition

Teacher was raped and became pregnant.  In keeping her pregnancy and therefore and "unwed mother" she was fired from her position. 


Jury found in favor of the plantiff (teacher) and she was compensated $750,000. 

A woman cannot be discriminated "because of or on the basis of sex" Women cannot be fired because they are pregnant.

Term

Lehnert v. Ferris Faculty

Supreme Court, 1991

Definition

Is the usage and collection of union dues in the form of "service fees" from dissenting nonmember employees a violation of the 1st Amendment freedom of speech rights?


Court found in favor of the plantiff but upheld the compulsory "service fee". Unions provide support to the bargaining table in a variety of ways both direct and indirect.  Non-union employees befefit from this bargaining.

Term

Plessy v. Ferguson

supreme court, 1896

Definition
Term
What are the 4 descriptors of teacher probation
Definition

1. first 2 years of service a teacher is probationary

2. renewal at descretion of the board

3. notice of non-revewal must be give by march 15

4.  teacher must be given notice at least 14 calendar days prior to termination

Term

What are the 3 descriptors of tenure?

 

Definition

1. teacher has statutory right to continued employment

2. you need proof of "good cause" to dismiss

3. rules vary from state to state

Term
What are the 6 arguments FOR tenure
Definition

1. economic efficiency

2. protection from unwarranted attacks

3. freedom from anxiety

4. better teachers

5. interest in professional development maintained

6. resistance to whims for pressure groups

Term
What are the 6 arguments AGAINST tenure?
Definition

1. protection for imcompetent and undesireable....

2. difficulty of supervision

3. increase in teacher turnover

4. not found in other professions (doctors are not tenured)

5. failure to do a competent job

6. "competent teachers do not need protection"

Term
What are the 10 grounds for dismissal in California?
Definition

1. immoral or unprofessional conduct   2. communism

3. dishonesty  4. unsatisfactory performance

5. evident unfitness for service  6. physical or mental condition

7. refusal to obey the law  8. conviction of a felony

9. alcoholism or other drug use

10. unprofessional conduct

Term
Special Education administrators and parents have developed a series of terms and acronyms.  For example, LRE stands for "least restrictive environment".
Definition

 

False

Term
An important US supreme court decision was Brown v. Board of Education.  Although this decision dealt with racial segregation, the decision had an impact on children with disabilities.
Definition
True
Term
Pennsylvania Assoc. for Retarded Citizens v. Commonwealth of Pennsylvania was the first major suit brought by parents of students with disabilities.  As a result of this decision, an agreements was negotiated providing that all students between the ages of 6--21 would receive a free public education.
Definition

False

only mental retardation

Term
Mills v. Board of Education influenced the direction of education for students with disabilities.  An important part of this decision was establishment of the concept "least restrictive environment"
Definition

False

it established free and adequate public education

Term
Starting in the 1970's, the federal Congress passed several key pieces of legislation related to students with disabilities.  Public Law 93-112, the Vocational Rehabilitation Act, forbade discrimination based on an individual's handicap in any program that received state funding
Definition

False

Section 504 Rehab. Act

Term
Public Law 94-142, approved by Congress in 1975, approved Education for All Handicapped.  This law required all states to establish a free and appropriate education program for students with special needs.
Definition
Term
Congress approved the Individuals with Disabilities Education Act, Public Law 101-576, in 1990.  This act directed states and school districts to provide disabled students with special schools and programs to meet their individual needs.
Definition
True
Term
A perplexing issue for parents and educators has been the phrase "free, appropriate education."  To some extent this concept was clarified by the US Supreme Court in Board of Education of the Hendrick Hudson Central School District v. Rowley.  The significance of Rowley is that school districts are required to provide the best possible education to disabled students.
Definition

False

 

not "best possible education", "adequate education"

Term
The requirement that teachers develop an IEP for each student identified as having a disability was a major milestone in the education of special education students.
Definition

False

 

A whole team develops the IEP

Term
In Honig v. Doe, the US Supreme Court prohibited a school district from unilaterally excluding a disabled student from the classroom for an indeterminate period of time when that student's dangerous or disruptive conduct is related to his or her disability.
Definition
True
Term
ADA
Definition
Americans with Disabilities Act
Term
California Master Plan
Definition
Term
FAPE
Definition
Free and Appropriate Education
Term
HCPA
Definition
Hate Crimes Prevention Act
Term
IDEA
Definition
Individuals with Disabilities Education Act
Term
IEP
Definition
Individualized Education Plan
Term
Inclusion
Definition
Term
LRE
Definition
Least Restrictive Environment
Term
Mainstreaming
Definition
Term
P.L. 94-142
Definition
Public Law 94-142
Term
Related Services
Definition
Term

Board of Education of the Hendrick Hudson Central School District v. Rowley

1982

Definition

Defines the parameters of "appropriate" under the "free appropriate public education" (FAPE)

 

Does appropriate mean "meets grade level" or "meets student potential"

 

 

Term

Thomas v. Atascadero Unified School District

1987

Definition

Under the meaning of 504 Rehabilitation Act of 1973, was Ryan Thomas a "handicapped person" and have right to attend kindergarten?


Ryan Thomas had AIDS and was not allowed to return to school after biting another student.

Court found in favor of the plantiff (student) and he was considered a handicapped person and allowed back to school

Term

Gon Lum v. Rice

1927

Definition

Came after Plessy v. Ferguson, 

separate but equal ok with education

Term

Brown v. Board of Education of Topeka

1954

Definition

"Separate but equal" doctrine violates the 14th Amendment

 

Declared de jure segregation in the public schools unconstitutional

Term

Milliken v. Bradley

1974

Definition

Did not allow bussing between disricts (Detroit)

 

The end of SC unwavering support of the desegregation.

Term

Sheff v. O'Neill

1999

Definition
Term

Grutter v. Bollinger

2003

Definition
Giving extra points just because the student is an "underrepresented minority" is not a compelling interest.
Term

Tuttle v. Arlington County School Board

 

4th Circuit, 1999

Definition
Use of lottery was unconstitutional
Term
Boston's Children First v. City of Boston
Definition
Term

Parents Involved in Community Schools v. Seattle School District #1

 

9th circuit

Definition
Term
Court Ordered Integration Programs
Definition

1. Magnet programs

2.  PWT permits with transportation

3.  OTS Other transported students

4.  SAB Space Available Basis

Term
Federal Mandated Integration Programs
Definition
PSC public school choice offers students the opportunity to transfer from a program improvement (PI) to a non=program improvement school.
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