Term
PIERCE VS SOCIETY OF SISTERS
1925 (Compulsory Ed) |
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Definition
STORY: PRIVATE SCHOOL WANTED POWER TO TEACH ALONG W/PUBLIC
(Private schools have the right to exist.)
14th amendment... state has
affirmed lower decision...affirmed the right of the private school to exist... |
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Term
California vs(Compulsory Ed)
Statute age 6-19 must attend unless exempt |
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Definition
1. Private tutoring exemption: (not part of a greater organization so should be regulated by state)
3 hrs per day 175 days per yr, valid ca teaching credential in grades taught
2. Private School: children enrolled in a full time private school
Other cases followed and proved there had to be strong history of being a "piece" of religion
*K is not compulsory
6 yrs old on or B4 Dec 2 for 1st
ages 6-18 |
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Term
Federal Compulsory Ed
Wisconsin vs Yoder (1972) |
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Definition
STORY: age of 16, Amish believe kids shouldn't go past 8th grade
Court ruled in favor of Amish
CONCLUSION: STATE HAS INTEREST IN EDUCATION BUT PEOPLE HAVE RIGHT TO SERVICE WHOLE CHILD |
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Term
| California requirement for private schools(Compulsory ed) |
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Definition
must submit "Private school Affidavit"
-must be inspected
-attendance record
-teachers do not have to be credentialed
-criminal record
-Immunization |
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Term
| Homeschooling - California exemptions(Compulsory ed)... |
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Definition
-establish a private school in home
-enroll children in a private school that offers indep study
-hold CA credential or employ tutor
-enroll children in public school that offers indep study
-pub charter school offering indep study, distance learning |
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Term
Plyler Vs Doe 1982
(compulsory ed)
Fed case from State of Texas case |
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Definition
STORY: Class action suit in Texas withholding state funding for students in state illegally
Texas ed code vs 14th amendment:
Looking at both interests
children are innocent victims.
State did not show strong enough case in defending non education for these children. Finding state must fund illegal aliens
Judgement was affirmed... sets precedent for all US citizens |
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Term
1st amendment (Religion clause)
-establishment clause |
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Definition
1. *Establishment clause: gov't can't establish a gov't religion and force it upon us or regulate religious choice
Free Exercise clause |
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Term
| Engel vs Vitale (Religion in schools... ") |
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Definition
Prayer in schools - Establishment clause issue because state is writing prayer and requiring student to read it
Story: NY case where 4x until reversed
may not rehearse a prayer... Hugo Black
underlying pressure for prayer
Finding: violation... imposing religion on the people |
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Term
School District of Abington Township
(Religion) v. Shemp
Murray v. Curlett |
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Definition
I teach but can't preach
STORY: STATE of PA 10 versus Bible to be read during school day; children could be excluded
Murray; athiest... this school did not have opt out, we can build in one
Religion Clause: is voluntary participation violation of establishment clause?
Unconstitutional... ceremonial religion, but did rule bible can be used as part of lit or history |
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Term
Lemon vs. Kurtzman "The Lemon Test"
Rhode Island 1st amendment violation of ESTABLISHMENT CLAUSE?
PA |
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Definition
20% of schools are nonpublic schools; In an attempt to bolster ed, teachers were only paid for all but secular, religious schools must prove, RI court concluded violation of excessive entanglement due to $ issue
PA: any secular subject would get supplements, text approved by state, reimbursement was prohibited.
PA: did not violate establishment clause
The Lemon Test: a. secular purpose
b. must neither advance or inhibit religion
c. not foster an excessive entanglement w/religion
Conclusion: reversed lower court in PA |
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Term
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Definition
No prayer at graduation
STORY: clergy delivering prayer in graduation... family objected to "overly sectarian" benediction
RI: denied motion for restraining order due to lack of time
District court sited w/Weisman due to violation of 1st amendment establishment clause.
School took to appeal; certiorari was granted
failed coersion test
Lemon test: court affirmed 5 to 4
Dissent: ceremonial, providing tone, court didn't use lemon test...
NCLB: disclaimer clause in future case |
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Term
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Definition
| determines ownership of home zoned school |
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