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Definition
| 1. Verbal direction & inquiry 2. Written statement of expectations and consequences 3. Statement of facts of case 4. Consequence must be appropriate for defense 5. Given an opportunity to improve |
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Definition
| 1. if there is a clear and present danger 2. if words bring about a substantial evil before a conversation can occur |
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| Lemon/Mitchell litmus test |
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Definition
| 1. must have secular purpose 2. primary effect must neither advance or inhibit religion 3. must not foster excessive entanglement with religion |
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Definition
| Administrator must notify employee that is going to be terminated that they should bring a union rep, but the union rep can’t defend, just be present |
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| Wisconsin vs Yoder (1972) |
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Definition
| Amish children cannot be compelled to go to school after 8th grade because it compels religious beliefs; also applies to vaccinations |
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Definition
| Can Texas deny illegal alien school-aged children education? No...14th Amendment provides them Equal Protection, including not trapping them in low socio-economic class |
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Definition
| Can local funds provide money to private schools (esp religious schools)? Used Lemon test for decision - said it was OK |
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| West Virginia State Board of Education vs Barnette (1943) |
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Definition
| Compelling students to salute the flag is unconstitutional |
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| Commonwealth of MA vs Milo (2001) |
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Definition
| Drawing of student pointing gun at teacher, then 2nd drawing - student hanging around teacher's car, court ruled it was a threat - case set threat elements |
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Definition
| Established the test that determines if financing of religion using public funds is appropriate |
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Definition
| Fair say and fair play; ability to hear grievances and respond |
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| Brunelle vs Lynn Public Schools (1995) |
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Definition
| Family does not have to allow the school dept in to visit to ensure home-schooling is occurring properly |
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| Home-schooling requirements |
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Definition
| Family has obligation to provide a curriculum that satisfies tenets of the state; exempt from MCAS |
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Term
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Definition
| First 90 days of employment, employer can let you go for cause: non-renewal |
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Term
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Definition
| Lacking fixed regular adequate nighttime residence or if you have to move in with a friend or family member |
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| School Committee of Wakefield vs Wakefield Teachers Association (2000) |
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Definition
| Male teacher had sent inappropriate notes to female student - teacher did not fight disciplinary issue - reporter demanded specific information about teacher - superintendent refused - district court found in favor of reporter, but Supreme Court overturned - personnel and medical files are not public record |
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Definition
| Code that says moment of silence is OK in school, prayer is voluntary |
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Definition
| Reason to dismiss a non-professional status teacher; needs to provide a notice of dismissal only |
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Term
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Definition
| Non-professional status teacher dismissal; must be notified by June 15th; principal recommends and superintendent sends letter (needs both in agreement) |
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Term
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Definition
| Code relevant to notice of non-status, non-renewal must be provided prior to June 15th; relevant to tenure, teacher status, and teacher dismissal |
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Term
| Zellman vs Simon Harris (1995) |
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Definition
| Ohio created a voucher system to encourage students to attend better schools than the bad Cleveland public schools - taxpayers said it was entanglement because most of the private schools were religious - court denied because it was parent choice of schools the kids attended |
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Term
| Pierce vs the Society of the Sisters of the Holy Name of Jesus and Mary (1925) |
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Definition
| Orphanage wasn’t sending kids to school and the district insisted – court found in favor of orphanage, but regulations came out about quality control of private schools |
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Definition
| Parent tried to stop clergy from participating in a middle school graduation - Supreme Court ruled it violated 1st amendment |
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| Revis vs Sanderson (2000) |
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Definition
| Plumber fired, alleged it was based on age discrimination - said that they have to have evidence of age discrimination (burden is on plaintiff) |
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Definition
| Putting black people with white people will make everyone uncomfortable - cemented Roberts v City of Boston |
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Term
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Definition
| Reasonable searches by school officials do not require a warrant signed by a judge if the search would reveal that the student violated the law or school rules |
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Term
| Termination of just cause |
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Definition
| Terminated specific to an evaluation process, not meeting responsibilities to an established standard |
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Term
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Definition
| Removal for 11-183 (or whatever number) days |
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Definition
| Removal for an indefinite period of time |
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Definition
| Removed from school for 1-10 days |
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Term
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Definition
| Right to life, liberty, and property - gives right to an education to all citizens |
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Definition
| Code that states rights that superintendents have to expel or exclude students |
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Term
| Right to search a student |
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Definition
| School administrators need reasonable suspicion, police officers need probable cause |
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Term
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Definition
| Code relevant to school attendance - school from 6-16, parents must make kids attend school, has right to attend school in town where they reside, suspension/exclusion/explusion |
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Term
| West Bridgewater vs West Bridgewater Teachers Association (1977) |
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Definition
| School district tried to non-renew a person who only had one evaluation over 3 years - arbitrator said school district did not meet responsibilities - district had to employ person for one more year, do evals, and then decide to non-renew |
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Term
| Swanson vs Guthrie Independent School District (1998) |
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Definition
| School district's decision as to whether to allow partial attendance of home-schooled kids; however if you allow it for one, you must allow it for everyone |
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Term
| Gambino vs Fairfax County School Board (1977) |
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Definition
| School stopped a school newspaper article about sexual activity from being published - judge ruled that since the newspaper was independent of curriculum, it was fine |
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Term
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Definition
| Schools cannot discipline special ed students the same as regular ed students |
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Term
| McKinney-Vento Act (2001) |
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Definition
| Schools need a homeless liaison and a method for getting kid to & from school, have to enroll kid immediately |
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Term
| Roberts vs City of Boston (1850) |
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Definition
| Separate but equal schools is OK - equality doesn't have to be exactly the same - blacks and whites going to school together would cause tension |
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Term
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Definition
| Separate is NOT equal - 14th Amendment - education is considered property |
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Term
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Definition
| Student cannot be removed from school for more than 10 days without a formal process |
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Term
| Santa Fe Independent School District vs Doe (2000) |
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Definition
| Student chaplain delivered prayer over PA system before football game - violated Lemon litmus test (advanced religion, excessive entanglement) |
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Term
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Definition
| Student wears anti-war button to school; is suspended; no written rule but an informal one has been established; judge ruled in favor of principal since it created a disruption and there was established protocol |
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Term
| Morris vs Frederick (2007) |
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Definition
| Students at a school function hold up an inappropriate flag - suspended - argued for 1st amendment - court held up suspension since school had policy against promoting drugs |
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Term
| Tinker vs Des Moines (1968) |
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Definition
| Students wore black armbands to school to protest war; as long as it is not disruptive to the school day, students are allowed freedom of expression |
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Term
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Definition
| Code that sets teacher evaluation process |
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Term
| Pyle vs School Committee of S Hadley (1996) |
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Definition
| Teacher threw students out of class for inappropriate dress - school district lost because judge said that a tshirt should not be a huge distraction |
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Term
| School District of Beverly vs Geller (2000) |
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Definition
| Teacher verbally and physically abusing students on multiple occasions - discharged and reinstated based on a good 20 year record - Supreme Court said that arbitrator had exceeded his ability and reversed decision |
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Term
| Hull School Committee vs Hull Teachers Association (2007) |
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Definition
| Teachers must be provided with due process before dismissal, even non-professional teachers; needs to show good cause |
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Term
| Termination for good cause |
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Definition
| Terminated for reasonable actions |
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Term
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Definition
| When there is a dispute in placement of special needs kids, kid stays in last accepted place until issue is resolved |
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Term
| Mills vs Board of Education of Washington DC |
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Definition
| You can't deny a free and appropriate education to disabled students; can't deny education even if it is too costly or because kid is too needy |
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Term
| 5 things teacher evaluation needs to include |
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Definition
o Claim: generalization about a person’s teaching (very alert to management problems that would block class momentum)
o Evidence to support the claim: notes about a particular situation
o Interpretation: explain why evidence supports the claim
o Judgement: let reader know what the observer thought about the observed event
o Recommendation: where to go from here; precise, sequential, give direction |
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Term
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Definition
• Needs to be an expression of intent to inflict a crime on another person
• Have to have ability to carry out threat
• Circumstances that justify apprehension |
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Term
| San Antonio Independent School District vs Rodriguez (1973) |
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Definition
| Case allowed states to relax funding policies - states can spend funds any way they want as long as they provide minimum education to every student |
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Term
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Definition
| Schools are required to rectify language deficiency of ELL students; however it is up to them as to how they do so. |
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Term
| Board of Education vs Rowley (1982) |
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Definition
| Schools must comply with IDEA and develop and follow IEPs for students with disabilities. |
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Term
| School Board vs Arline (1987) |
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Definition
| Can a student with a contagious disease be excluded from school? Result: it depends on case. Accommodation is preferable to segregation or exclusion. |
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Term
| Hazelwood School District vs Kuhlmeier (1988) |
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Definition
| Principal edited articles from a school newspaper that a journalism class produced - ruled in favor of principal - as long as actions are related to legitimate education purposes. |
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Term
| Mt. Healthy City School District vs Doyle (1977) |
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Definition
| Case established 3 step test for freedom of speech for teachers: 1. employee must prove expression concerns a public issue 2. employee must show expression was substantial factor in action being challenged 3. employer must prove it would have taken action regardless of expression. |
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Term
| Board of Education, Island Trees Union Free School Distrcit No. 26 vs Pico (1982) |
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Definition
| School board told school library to remove certain books - Supreme Court ruled school board did not have authority to do so just because they didn't like the books (need rational grounds for removal) |
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Term
| Ingraham vs Wright (1977) |
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Definition
| Corporeal punishment violates 8th Amendment (cruel and unusual punishment) and 14th Amendment (right to due process) |
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Term
| Vernonia School District 47J vs Acton (1995) |
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Definition
| Random drug testing of athletes playing on school teams is OK - lower courts since then have ruled testing of students in extracurricular activities is not OK. |
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Term
| Franklin vs Gwinnett County Public Schools (1992) |
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Definition
| Students are allowed to sue school districts for sexual harrassment |
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Term
Gebser vs Lago Vista Independent School District (1998)
Davis vs Monroe County Board of Education (1999) |
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Definition
| School districts are liable for employee-to-student sexual harassment only when official had the authority to institute corrective measures, has notice of harassment, and deliberately takes no action to correct. Also applies to peer harassment. |
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Term
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Definition
| Code relating to release of public records |
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