Shared Flashcard Set

Details

Education and Law
Legal Framework, Equal Educational Opportunities, Tort, Bullying, church/state, Instructional Issues, Student Expression Rights
30
Law
Undergraduate 4
03/21/2012

Additional Law Flashcards

 


 

Cards

Term

Title IX- 

Title VI-

Title VII-

I.D.E.A.-

A.D.A.- 

 

Definition

Title IX- gender (pregnancy)

Title VI- race

Title VII- employment

I.D.E.A – disability

A.C.A.- disability

Term
Stare decisis
Definition
respect authority of applicable and controlling precedent
Term
de jure
Definition
acts of the school board to segregate; Segregated schools in which the separation of the races was required by law or was the result of other action by the state or its agents
Term
de facto
Definition
choice of families to segregate communities in the selection of there homes 
Term
14th Amendment
Definition
grants blacks as citizens; protects civil liberties of anyone’s life, liberty, or property without due process of law; protects against states denying anyone privileges; letting women into VMI if they met standards
Term
affirmative action
Definition
positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded.
Term
Do students have free speech rights at school? Are they the same rights as adults in general?
Definition
Freedom of Expression and Press- Students have the right to express nondisruptive ideological views at school, but restrictions can be placed on their expression that represents the school. 
Term
How does the legality of student expression differ based on school-sponsorship and whether it is lewd, vulgar, offensive, and/or threatening?
Definition
defamatory, obscene, and inflammatory communications are outside the protectie arm of the First Amendment. Expression that is lewd or promotes illegal activity is not protected in the public school context. 
Term
How can a school deny access to clubs?
Definition
Public schools can deny access to open forum for noncurriculum student clubs but can't discriminate against specific groups based on the content of their meetings. 
Term
Equal Access Act (EEA)
Definition
Access cannot be denied open forum to student noncurricular activities based on religious, political, philosophical, or other content views in federally assisted schools
Term
What legal right do parents have to dictate what is taught in schools?
Definition
Courts don't allow mere parental disapproval of instructional materials to dictate the public school curriculum. 
Term
What is the Children's Internet Protection Act 
Definition
protects youth from online transmission of explicit material. 
Term
What does the TEACH Act do?
Definition
gives nonprofits more flexibility in using the internet to distribut copyrighted materials in distance ed. programs
Term

educational malpractice

 

Definition
instructional negligence
Term
FERPA
Definition
Family Educational Rights and Privacy  Act 1974- funds are withdrawn from any educational agency or institution that fails to provide parents access to child’s educational records or disseminates such info to 3rd parties without parental permission
Term
What does the Bill of Rights do?
Definition
It tells governments what not to do; restrictive
Term
What does the Establishment Clause do?
Definition
Restricts government from giving a religion
Term
What does the Free Exercise Claim do?
Definition
Wins a person accommodations
Term
What is included in the Lemon Test?
Definition

whether it have a religious purpose?

whether it advances a religion?

whether it avoids government entanglement with religion?

Term
How are students able to engage in prayer in school?
Definition
Students have a free exercise right to engage in private prayer in public schools as long as they do not interfere with regular school activities. 
Term
parens patriae
Definition
authority and parental interests in having 
Term
Which Title prohibits workplace discrimination?
Definition
Title VII
Term
What are the two kinds of harassment and what do they mean?
Definition

Quid Pro Quo- giving something for something; subjected to unwelcome sexual harassment in sexual advances; harassment based on person's sex

Hostile Work Environment- severe or pervasive; unreasonably interfere with an individual's work performance; threatening or humiliating; multiple times

Term
What is a tort?
Definition
A civil wrong that results in the injury of others
Term
What is negligence?
Definition
When someone fails to act in a prudent manner
Term
What is a reasonable person standard?
Definition
assumming that te person is normal and can reason; special credentials and size are taken into account
Term
What is the 4 part tort analysis?
Definition

Injury

Duty

Breach of duty

Causation

Term
What are intentional torts?
Definition

Battery

False imprisonment

Assault

Intention infliction of emotional distress

Term
What are three types of torts?
Definition

Defamation

Negligence

Intentional

Term
Paul D. Coverdell Teacher Protection Act
Definition
law protecting school officials who take reasonalbe actions when discimpling students 
Supporting users have an ad free experience!