Shared Flashcard Set

Details

Education Court Cases
ELPS 663 court cases
96
Education
Graduate
10/03/2009

Additional Education Flashcards

 


 

Cards

Term
Board of Regents v. Roth
Definition
Term
Pickering v. Board of Education
Definition
Term
Mt. Healthy District v. Doyle
Definition
Term
Fowler v. Board of Education
Definition
Term
Wilson v. Chancellor
Definition
Term
East Hartford v. East Hartford
Definition
Term
Fuhr v. City of Hazel Park
Definition
Term
Eckmann v. Boarch of Education
Definition
Term
Lehnert v. Ferris Faculty
Definition
Term
A key question in the U.S. Supreme Court decision in the case of Tinker v. Des Moines was whether or not wearing insignia and other markings in school is a constitutionally protected right for students
Definition

True

 

Term
In Tinker v. Des Moines the court was unanimous in its decision that the wearing of armbands by the students substantially interfered with the work of the school or impinged upon the rights of other students
Definition
False
Term
In Bethel School District v. Fraser, school administrators were given latitude in censoring lewd and vulgar student expression.
Definition
False
Term
The Hazelwood decision gave school administrators direction regarding the publication of student newspapers.  this case made a clear distinction between student publications paid for with school district funds and student papers published off campus.
Definition

 

True

Term
Courts have granted teachers and school districts wide discretion in disciplining students.  The legal doctrine that defines the relationship of a teacher to a pupil is in loco parentis.
Definition
True
Term
A teacher has the authority to suspend a student from his or her classroom.  However, the suspension may only be for a limited time.
Definition

 

True

Term
Although suspension or expulsion may result from the same misconduct, only a school superintendent has the authority to expel a pupil.
Definition
False
Term
One of the basic principles in education is that all students are to be treated the same, especially when students are suspended or expelled from school.
Definition
False
Term
An elementary student can be given an opportunity transfer only one during their matriculation through elementary school.
Definition
True
Term
A teacher must give the students' the required tests and assignments given during the period of suspension.
Definition
False
Term
Lee v. Weisman a U.S. Supreme Court decision declared that opening prayers at graduation ceremonies were inconsistent with the religion clauses of the First Amendment.
Definition
True
Term
The U.S. Supreme Court was unanimous in the Weisman decision, which essentially ended devotional messages in graduation addresess.
Definition

False

not unanimous, 5-4 ruling

Term
by the late 1990's, more than half of the states had laws permitting meditation or silent prayer.  Meditation and silent prayer were ruled constitutional by the U.S. Supreme Court in Wallace v. Jaffree
Definition
False
Term
Two US Supreme Court decisions have addressed the issue of released time for religious instruction: McCollum v. Board of Education and Zorach v. Clausen.  Each of the decisions allowed released time for religious instruction in the public schools.
Definition
False
Term
Peloza v. Capistrano School District suggests that school districts should not review their science curriculum to ensure that evolution is taught as scientific theory.
Definition
True
Term
Although the California Attorney General has issued an opinion that the distribution of free Bibles to schoolchildren is prohibited, the U.S. Supreme Court has not rendered an opinion on this subject
Definition

True

 

Term
At a winter concert, the high school band, orchestra, and choir performed songs including "Silent Night" and "Handel's Messiah." Because these songs include lyrics with clear religious references, such as "Christ" and "our Lord", this concert is in violation of the Establishment Clause.
Definition

False

It is sung for entertainment purposes only

Term
A student attempts to enroll in school, but has never received any type of vaccination based on religious beliefs.  In LAUSD, this student can be denied enrollment until the school validates whether or not this student is sincere in his beliefs
Definition

False

the district says the student cannot be denied enrollment.

Term
A teacher prayer meeting during the school days is not allowed on campus.
Definition

False

lunch, nutrition, o.k.

Term
The United States Constitution is the highest level of law in this country
Definition
True
Term
The founding fathers were well aware that many reasons would arise for amending the constitution.  Therefore they established a very simple process for its amendment.
Definition

False

not so simple

Term
Article I of the U.S.Constitution grants congress the "power to lay and collect taxes...and provide for the common defense and general welfare" This article gives the federal government authority to collect taxes and provide funds for education.
Definition
True
Term
The Obligation of Contracts Clause
Definition
Term
The Obligation of Contracts Clause has been beneficial to teachers, as it prevents districts from voiding a teacher's contract for service.
Definition
True
Term
The Fourth Amendment provides that "the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issued, but upon probable cause." This amendment is interpreted to mean, among other things, that a student's locker may not be searched without a search warrant.
Definition

False

don't need a search warrant

Term
The eighth amendment protects citizens against cruel and unusual punishment.  The U.S. Supreme Court utilized this amendment to declare corporal punishment illegal.
Definition

False

It was never declared illegal.

Term
Each state has its own constitution to establish basic laws.  Every state constitution includes a provision for education.
Definition
True
Term
Nearly all California laws regarding education are published in the Education Code.
Definition
True
Term
Title V of the California Code of Regulations contains the rules and regulations established by the California Department of Education to implement the Education Code.
Definition
True
Term
The U.S. Supreme Court has made numerous decisions regarding education.  Examples include cases about corporal punishment, affirmative action, sex discrimination, and compulsory attendance.
Definition
True
Term
If one were to compare the governance of a local school district with the federal or state government, the school board fills the role of legislative branch.
Definition
True
Term
The 1879 California Constitution established a State Board of Education.  The governor appoints this board.
Definition
True
Term
The office of the State Superintendent of Instruction was also established by the California Constitution.  This position is an elected position, not one appointed by the governor.
Definition
True
Term
The county board of education is another entity involved in the governance of school districts.  Its role is limited primarily to oversight of a district's personnel functions.
Definition

False

lots of control, district budgets, hiring/firing, etc.

Term
The county superintendent of schools plays a significant role in governing and regulating school districts. The superintendent may either be elected by the people or appointed by the county board of education.
Definition
True
Term
In all states except Iowa, state legislators have delegated the day-to-day supervision and operation of schools to local boards of education.
Definition

False

(Hawaii)

Term
School board elections are scheduled every two years, and board members are elected for a four-year term.  Local school boards may consist of three, five, or seven members.
Definition
True
Term
A major role of the county superintendent is to audit and monitor the financial records of school districts in the county.
Definition
True
Term
Another important position responsible for the governance of school districts is the district superintendent.  All school districts must employ a superintendent.
Definition

False

if not, run by county

Term
The superintendent is responsible for the day-to-day operation of schools.  The power and influence of the superintendent varies greatly from district to district.
Definition
True
Term
The U. S. Constitution contains provision that establishes the separation of church and state.  This provision provides for religious observances in schools
Definition
False
Term
During America's early history many public schools begin each day with a prayer and Bible reading.
Definition
True
Term
The classic case regarding compulsory school attendance is Wisconsin v. Yoder.  This case upheld the compulsory requirement and ruled that Amish parents were subject to the compulsory attendance laws.
Definition
False
Term
A brief non-denominational prayer written by the principal and recited periodically by a student on the public address system is permissible.
Definition
False
Term
A 14-year old Amish child who has completed the 8th grade can claim a free exercise exemption from public school attendance laws and stop attending school, although statures require attendance till age 16.
Definition
True
Term
The No Child Left Behind Act supports the notion that children in private schools should receive public school resources such as services, materials, and equipment.
Definition
True
Term
Courts have overwhelmingly upheld the constitutionality of restrictions on home instruction, including the requirement of teacher certification.
Definition
True
Term
Courts are sympathetic in allowing home-school children to participate in public school extracurricular activities.
Definition
False
Term
Proposition 187 was held unconstitutional in Plyer v. Doe.
Definition

False

187 was the amendment and was not in Plyer v. Doe

Term
The California Education Code requires evaluation and assessment of the performance of each certified employee at lease once a year.
Definition
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
Term
Summative evaluation is generally found more formal than formative evaluation and requires documentary data.
Definition
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
Term
Progressive discipline may be defined as a "series of disciplinary steps, each step calling for more serious disciplinary action."
Definition
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
Term
One of the arguments against the granting of tenure is that it may protect incompetent and undesirable teachers in the profression.
Definition
Term
Immoral or unprofessional conduct is one 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
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 in Roth v. Board of Regents that non-tenured employees are entitled to property and liberty rights.
Definition
Term
the word "education" does not appear anywhere in the US constitution.
Definition
True
Term
Although state and local governments play an important role in education the US Constitution assigns the ultimate authority over all education matters to the federal government.
Definition
False
Term
State government has plenary power over public education
Definition
true
Term
The phrase we are "a nation of laws and not of men" is an important historical phrase, but no longer relevant in an increasingly diverse world.
Definition
False
Term
In response to the succession of the southern states in the US Civil War, the 14th Amendment clarifies that all Americans are citizens of the US government, and not citizens of their particular state.
Definition
False
Term
The ideals of philosophers including Plato, Hobbes, and Locke influenced our Nation's founders.
Definition
True
Term
The government grants rights to the people through the Constitution.
Definition
False, people grant rights
Term
The 50 state's constitutions contain language committing the state to a responsibility for providing education
Definition
True
Term
Under the theory of "local control" local school boards may choose to disregard state laws and policies if they believe that doing so is in the best interests of the children
Definition
False
Term
There is no judicial appeal form a decision rendered by the US Supreme Court
Definition
True
Term
Abatement
Definition

Complete or partial cancellation of an expenditure or revenue.  

Abatement of an expenditure is the cancellation of a part or whole of a charge previously made, usually due to refunds, rebates, or resale of materials originally purchased.

Term
Accounts Payable
Definition
Amounts due and owed to private persons, business firms, governmental units, or others for goods received and/or services rendered to the school district prior to the end of the fiscal year; includes amounts billed, but not yet paid.
Term
Accounts Receivable
Definition
Amounts due and owed from private persons, business firms, governmental units, or others for good received and/or services rendered to them prior to the end of the fiscal year; includes amounts billed, but not received.
Term
Accrual Basis
Definition
That method of accounting in which revenue is recorded when earned, even though not collected, and expenses are recorded when liabilities are incurred, even if not yet paid.
Term
Ad valorem
Definition

According to value.  

Used in taxation for a tax related to the value.  For example, property tax and sales tax are related to the value of the property or the price paid for the merchandise.

Term
Aid to Families with Dependent Children  (AFDC)
Definition
A federal assistance program that provides funds to low-income families with dependent children.
Term
Apportionment
Definition
Allocation of state or federal aid, district taxes, or other monies among LEA's or other governmental units.  The first principal apportionment (p-1) is calculated in February of the school year; the second principal apportionment, in June.
Term
Abatement
Definition

Complete or partial cancellation of an expenditure or revenue.  

Abatement of an expenditure is the cancellation of a part or whole of a charge previously made, usually due to refunds, rebates, or resale of materials originally purchased.

Term
Accounts Payable
Definition
Amounts due and owed to private persons, business firms, governmental units, or others for goods received and/or services rendered to the school district prior to the end of the fiscal year; includes amounts billed, but not yet paid.
Term
Accounts Receivable
Definition
Amounts due and owed from private persons, business firms, governmental units, or others for good received and/or services rendered to them prior to the end of the fiscal year; includes amounts billed, but not received.
Term
Accrual Basis
Definition
That method of accounting in which revenue is recorded when earned, even though not collected, and expenses are recorded when liabilities are incurred, even if not yet paid.
Term
Ad valorem
Definition

According to value.  

Used in taxation for a tax related to the value.  For example, property tax and sales tax are related to the value of the property or the price paid for the merchandise.

Term
Aid to Families with Dependent Children  (AFDC)
Definition
A federal assistance program that provides funds to low-income families with dependent children.
Term
Apportionment
Definition
Allocation of state or federal aid, district taxes, or other monies among LEA's or other governmental units.  The first principal apportionment (p-1) is calculated in February of the school year; the second principal apportionment, in June.
Supporting users have an ad free experience!