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Definition
| Rehabilitation Act, prohibits discrimination against handicapped students in programs receiving federal funds. Students must not be expelled, suspended, or punished for manifestations of their disability. Requires reasonable accommodations. Federal Law |
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Definition
| 1975 Congress passed what is now codified as IDEA (Individuals with Disabilities Education Act). In order to receive federal funds, states must develop and implement policies that assure a free appropriate public education (FAPE) to all children with disabilities. |
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Definition
| Americans with Disabilities Act (ADA) extends antidiscrimination protections in employment, public accommodations, transportation, and telecommunications. |
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Term
| Impact of Brown V. Board of ED |
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Definition
| Brown decision formed basis for mainstreaming in Special Education. |
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| Parc v Pennsylvania, 1972 |
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Definition
| occurred as a result of the dissatisfaction of PARC regarding the conditions of services being provided for students (children) with disabilities. |
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Term
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Definition
| Mills vs. Board of Education of District of Columbia was a case against the District of Columbia that declared that students with disabilities must be given a public education, and that financial limits were a moot point in providing education to these students. It set a precedent that educational services must be made based on children's needs, not on the schools’ fiscal capabilities to provide such services. |
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Definition
| Least Restrictive Environment – children should be placed in LRE unless IEP requires other arrangements in order to provide a FAPE. |
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Term
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Definition
| All qualified persons with disabilities within the jurisdiction of a school district are entitled to a free appropriate public education. An appropriate education may comprise education in regular classes, education in regular classes with the use of related aids and services, or special education and related services in separate classrooms for all or portions of the school day. Special education may include specially designed instruction in classrooms, at home, or in private or public institutions, and may be accompanied by related services such as speech therapy, occupational and physical therapy, psychological counseling, and medical diagnostic services necessary to the child’s education. |
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Definition
| During the pendency of any proceeding conducted pursuant to the Act, unless the state or local educational agency and the parents otherwise agree, a student with a disability shall remain in his or her then-current educational placement. (IDEA “stay put provision” as codified in 20 U.S.C. §1415(j). The objective of stay put is to maintain stability and continuity for the student. |
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Definition
| exclusion of student based on HIV/AIDS violates Rehabilitation Act, Section 504. Student entitled to services required for handicapped persons. |
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Definition
| Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources. |
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Term
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Definition
Chanda Smith consent decree, an agreement requiring Los Angeles Unified School District to identify and educate special education students in a manner consistent with state and federal special education and civil rights laws.
The Chanda Smith consent decree was reached in 1996, when the District, faced with copious evidence of its noncompliance with special education and civil rights laws, settled with the parents and students who charged that special education students were being deprived of their right to an education. |
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Term
| Regulations for Search and Serve |
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Definition
| find students in local area, (identify children with special needs) offer services to meet their needs. Correct Placement. |
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Term
| Discipline procedures for students with disabilities |
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Definition
| Students with IEP's have additional legal protections, inlcluding stay-put provision. Students cannot be removed from school while in due process proceedings. |
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Term
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Definition
School districts must obtain parental consent before conducting an initial evaluation of a student, or before exiting a student from special education. School districts must provide written notice to parents before initiating, changing, or refusing to change the identification, evaluation, or educational placement of a student.
School districts must provide parents, upon request by parents, with information about independent educational evaluations, including where they can be obtained. School districts must consider any independent educational evaluation presented by a parent at
an IEP meeting. Parental consent is required before an IEP can be implemented. Parents have the right to file Compliance Complaints when school districts do not provide services and supports as agreed to in an IEP, or otherwise violate IDEA. Parents have a right to a formal legal process, the Due Process Hearing, to resolve disputes about IEP eligibility, supports, and services or placement. |
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Term
| Board of Ed, Hendrick Hudson Central School District b. Rowley |
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Definition
“Free appropriate public education” guaranteed by the Education for All
Handicapped Children Act of 1975.
Topic: Special education - IDEA and FAPE (Free Appropriate Public Education). Ruling: Supreme Court (1982) ruled that FAPE must be reasonably calculated to enable child to receive educational benefit (NOT to help the child meet his/her maximum potential).(Deaf Student) |
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Term
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Definition
| Procedural rights and safeguards-written notice, IEP in native language, copy of IEP, Due Process, |
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Term
| Prohibition of discrimination based on disability |
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Definition
| Americans With Disabilities Act |
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Term
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Definition
| Serrano v. Priest, a landmark California Supreme Court ruling that required more equal funding of schools across the state, regardless of the wealth of local communities. |
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Term
| San Antonio Independent School District v. Rodriguez, 1973 |
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Definition
TOPIC: School Finance systems as a form of discrimination
RULING: Court reversed the decision of the lower court stating that the system did not violate the 14th amendment clause- education not a fundamental right protected by the US constitution
TOPIC: School Finance systems as a form of discrimination
RULING: Court reversed the decision of the lower court stating that the system did not violate the 14th amendment clause- education not a fundamental right protected by the US constitution |
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Term
| Rose v. Council for Better Education |
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Definition
TOPIC: School Finance/Common schools statewide (kentucky)
RULING: Unconstitutional - Supreme court upheld the decision of teh District Court and ordered the reconstruction of the state's funding system (education is a right in the state's constitution |
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Term
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Definition
| There are 2 judicial standards of school finance equity. One is expenditure equity, which requires that districts spend similar amounts of money per pupil. The second is fiscal neutrality, which requires that districts resources be independent of district wealth. In a finically neutral system, all districts should have the opportunity to generate similar revenues per pupil at similar levels of tax efforts. |
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Term
| McInnis Cases, IL 1968, 1969 |
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Definition
| The court contented that equal expenditures per student were inappropriate as a standard and the courts were ill equipped to devise an equitable financing plan for the public schools. |
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Term
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Definition
| Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another. |
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Term
| Rodriguez Decision- Role of Fed Court in school finance reform |
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Definition
| school finance case in Texas. Education is not among rights afforded explicit protection under the Federal Constitution |
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Term
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Definition
| It costs more to provide services than the available funding. |
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| Basis for trial court ruling that education is a fundamental right in kentucky |
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Definition
| The kentucky state constitution and the due process clause of the 14th amendment. |
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Definition
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Term
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Definition
TOPIC: School Board Liability Immunity
Ruling: Supreme Court agreed that there should be some good faith immunity but not absolute. Vacated the desicion back to the district court for proceedings. |
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Term
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Definition
| Compensation for injuries, no due process, suspended (no proof of injuries) COurts can award money based on Civil Rights Act. |
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Term
| Franklin v. Gwinnett County Schools |
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Definition
| Sexual harrasment of student by teacher. Teacher resigned. |
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Term
| Bartell v. Palos Verdes Peninsula School District |
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Definition
| school district does not owe a general duty to supervise all persons who utilize its playground or to secure the premises against persons who may enter and injure themselves therein. |
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Term
| Peter W. v. San Francisco School District , Cal Ct. App. 1976 |
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Definition
| a high school graduate went to court seeking damages from his former school system for what he alleged was “inadequate instruction.” His inability to read and write, he said, was caused by the negligence of his teachers. Ruling in favor of the school system, the court focused on the complexities of fixing fault where a student has “failed to learn.” |
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Term
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Definition
| a student was killed when he and another student were “slap fighting” in the school gym during lunch recess. The boys had been “fighting” for five to ten minutes when one fell backwards, fractured his skull and died later that night. The physical education teacher, who may have had responsibility for supervising the gym during the lunch hour, was eating lunch in the gym’s office. The California Supreme Court stated, “ Either a total lack of supervision or ineffective supervision may constitute a lack of ordinary care on the part of the those responsible for students’ supervision.” Id. at 747. |
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Term
| Hoyem v. Manhattan Beach City SD |
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Definition
| the issue was whether the failure of a teacher to report the absence of an elementary school pupil from class proximately cause the injury to the child. The student, Michael Hoyem, ten years old, was attending summer school when the incident occurred. Michael left the school grounds before the end of scheduled classes and was struck and seriously injured by a motorcycle. Michael’s mother filed suit alleging negligence by the school. The California Supreme Court found that a school district has a duty to supervise students while on school premises during the school day and may be held liable for injuries caused by the failure to exercise reasonable care. In both cases, the California Supreme Court held that the school district may be liable and remanded the case back to the trial court for the jury to decide the factual issues. |
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Term
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Definition
| A body of laws that provides a solution to civil wrongs. |
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Definition
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Term
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Definition
| Civil Rights Act: See wood v. strickland & Cary v. Piphus |
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Term
| Two types of intentional torts |
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Definition
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Term
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Definition
| 1. legal duty (Duty of Care) , 2. breach of duty (Standard of Care) 3. proximate cause (connection between conduct and injury) 4. actual loss and damage. |
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Term
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Definition
| Reasonable care while performing acts that could harm others. (Safe workplace) What actions would a reasonable person take? |
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Term
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Definition
| Prudence and Caution required of someone who is caring for another. |
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Term
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Definition
| What caused the injury? Was there a connection between the accused and the issue or injury? |
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Term
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Definition
| Must show what the cause let to a loss or injury to the party. |
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Term
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Definition
| contributory negligence, comparative negligence, and Assumption of Risk. |
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Term
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Definition
| plaintiff, through own actions, contributed to their own injury. |
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Term
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Definition
| Can’t sue since the plaintiff was aware of the danger and assumed all risk. |
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Term
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Definition
| During the educational process, the educator is responsible for the actions/behavior of the student. |
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Term
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Definition
| Parent is informed (and paper signed) before student is legally allowed to participate in activities. |
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Term
| school district liability |
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Definition
| school district is held responsible for issues that occur on grounds or because of the involvement of district employees.Could have caused actual loss or injury. |
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Term
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Definition
| legal responsibility has a financial limit. Modification of state law. |
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Term
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Definition
| Peter v. San Francisco - educational malpractice case. Plaintiff’s position was not upheld. District issued diploma, yet student does not have basic academic skills. |
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Term
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Definition
| Unwelcome sexual advances physical conduct, written, employment decisions. |
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Term
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Definition
| Financial cost of harm caused to plaintiff. |
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Term
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Definition
| Can’t sue since the plaintiff was aware of the danger and assumed all risk. |
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Term
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Definition
| contributory negligence, comparative negligence, and Assumption of Risk. |
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Term
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Definition
| Prudence and Caution required of someone who is caring for another. |
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Term
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Definition
| Permanent teachers who are dismissed due to declining enrollment have 39 month re-employment rights.(doesn't applies to retirees.) |
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Term
| Clyde K. v. Puyallup School District |
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Definition
| when disabled child's behavioral problems prevent him and others from learning, more restrictive placement can be used. |
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Term
| Manifestation Determination |
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Definition
| Determining if behavior resulting in suspension is a manifestation of the child's disability. Only required when a student is subjected to a disciplinary change of placement (more than 10 days of removal) |
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Term
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Definition
| The U.S. Equal Employment Opportunity Commission (EEOC) is an independent federal agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, disability and retaliation for reporting and/or opposing a discriminatory practice. The Commission is also tasked with filing suits on behalf of alleged victim(s) of discrimination against employers and as an adjudicatory for claims of discrimination brought against federal agencies. |
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Term
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Definition
| allowing sexual harassment to continue in a workplace. |
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Term
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Definition
| Federal Courts are not a viable option for litigation due to fiscal nuetrality and state equal protection. State courts hear the cases on finance. |
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Term
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Definition
| students are allowed to attend the school of their choice as long as there is room, and it does not create segregation along racial lines. |
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Term
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Definition
| school vouchers redirect the flow of education funding, channeling it directly to individual families rather than to school districts. This allows families to select the public or private schools of their choice and have all or part of the tuition paid. |
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Term
| Zellman v. Simmons-Harris |
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Definition
tested the allowance of school vouchers in relation to the establishment clause of the First Amendment.RULING: NO reversed the court of appeals decision and stated that the system was not in violation of the establishment clause
5 point test |
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Term
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Definition
| designed to ease financial burden on parent paying for school. May deduct on State income tax, qualified expenses. |
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Term
| Impact of Privatization in public education |
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Definition
| increase in inequities. Some students doesn't have access to $$ or transportation. |
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Term
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Definition
| Individuals with Disabilities Education Act (IDEA) provides legal rights and procedural protection for children with disabilities. |
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Term
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Definition
A governmental body is immune to suit without the expresses permission of the body itself. Gov’t provided immunity to school districts and their employees for school related activities and school daily activities… also covers transportation. Up to a certain point. -Wood v. Strickland, SC 1975. Schools can be held liable once you consider the facts. Insurance can cover liability.
English Common Law: King can do no wrong. |
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Term
| Teacher to student Harassment |
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Definition
| File a report, IMMEDIATELY |
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Term
| Gebser v. Lago Vista Independent School District |
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Definition
| Liability of Inproprieties. Liability under Title IX. (Sexual Misconduct) |
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Term
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Definition
| Topic: Special education - IDEA and FAPE (Free Appropriate Public Education). Ruling: Supreme Court (1982) ruled that FAPE must be reasonably calculated to enable child to receive educational benefit (NOT to help the child meet his/her maximum potential).child performs better than average child in her class. Court rules that she is receiving adequate services. |
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Term
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Definition
| California was the first state in the country to establish teacher tenure law in 1921. Current state law mandates that teachers gain tenure in California after completing a two-year probationary period, during which you can be let go for any reason. |
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Term
| High School Graduation Requirements |
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Definition
| A-G requirements, Pass CAHSEE |
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Term
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Definition
Two Florida students who were paddled in school brought suit in federal court arguing that the paddling was “cruel and unusual punishment” and that students should have a right to be heard before physical punishment is given. They lost in the trial court and at the Court of Appeals, and then appealed to the Supreme Court.
The Court's Decision
In a 5-4 decision, the Supreme Court decided that public school students could be paddled without first receiving a hearing. |
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Term
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Definition
TOPIC: Student to Student Harassment
When does juvenile behavior rise to constitute a claim for damages under Title IX?
RULING: If actual knowledge and deliberate indifference on the part of the board is evident, a school district can be held liable. The judgement of the United States Court of Appeals was reversed and the case was remanded. |
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Term
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Definition
| Established through birth certificate, and bills. |
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Term
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Definition
| Mills vs. Board of Education of District of Columbia was a case against the District of Columbia that declared that students with disabilities must be given a public education, and that financial limits were a moot point in providing education to these students. It set a precedent that educational services must be made based on children's needs, not on the schools’ fiscal capabilities to provide such services. |
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Term
| Describe the three prongs of the Lemon Test |
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Definition
Does the action in question;
* have a secular purpose
* neither advance or impede religion
* avoid excessive entanglement
The action must pass all three tests to be constitutional |
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Term
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Definition
| February 2, 1992: Supreme Court rules unanimously that plaintiff’s filing Title IX lawsuits are entitled to receive punitive damages when intentional action to avoid Title IX compliance is established. |
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Term
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Definition
1. Secular purpose
2. Aid to parents not schools
3. broad base of beneficiaries
4. nuetral to religion
5. adequate non-religious options |
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Term
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Definition
Can a school district suspend a handicapped student from school indefinitely pending completion of expulsionary proceedings. This case was decided under the Education of the Handicapped Act (EHA, since renamed IDEA). The "stay put" provision was supported in this case involving two violent, emotionally disturbed students.
Decision: The U.S. Supreme Court held that a student could be suspended for a period of ten days. More than ten days triggers the Due Process Clause of the 14th Amendment |
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Term
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Definition
| No person can be denied equal protection of the laws. No Discrimination. |
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Term
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Definition
1. 24 hour notice
2. hearing
3. right to appeal
4. Call witnesses/ cross examine |
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Term
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Definition
TOPIC: School liability for teacher sexual harassment
RULING: School is not liable for damages under Title IX unless the person who is to investigate claims of harassment is indifferent to the situation |
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