Religion

Released Time for public school students to attend religious classes off public grounds is constitutional.

Religion

Released time for religious instruction on public school premises is unconstituional.

Religion

Florida case was not constutional unlike Zelman v. Simmons-Harris

Religion

Ohio voucher program does not violate the estab clause of the 1st amendment

Religion

Federal funds to sectarian schools

Religion

Payment of title 1 teachers in parachial schools does not violate the estab clause

Religion

The first obvious and definitive step away from the doctrine of separation.  Minnesota is allowed to permit families to deduct @ $600 per year from taxes for tuition, textbooks, and transportation.

Religious

State aid to parochial schools through salary supplements and purchase of services constitutes impermissible entanglement between church and state.

Religious

the supreme court held that the use of public funds for transportation of parochial school children does not violate the first amendment.  However, many state constitutions impose stricter regulations concerning sep church and state.

On its face;

evidence supporting a conclusion unless it is rebutted

If a rule is discriminatory as "one reads it", it is a violation of which type of substantive due process?

By all judges of the court

The legal concept of when a court "sits as a whole body" is called (two words)___________?

1) you have to exhaust all remedies

2) legal standing

3) point of law

Constitutional law

statutary law

administrative law

common law (case law)

contract law

Plantiff v. Defendant

Appellant v. Appellee

Petioner v. Respondant

writ of certiorari

1) The statute must have a secular legislative purpose

2) It's principal or primary effect must be one that neither advances nor inhibits religion

3) It must not foster excessive government entanglement with religion

Religion

5-4 decision supporting interest of public school teachers teaching in parochial schools violates establishment clause.

Deaf child left public school

Religion

Fed funds to pay salaries of public school teachers teaching in parochial schools violates establishment clause.

Later overturned with Agostino v. Felton

1) Notice

2) Hearing - Fair and open

3) Appeal

what

1) Prima faciae

2) Neutral in intent/ discriminatory in impact

3) vagueness

4) Irrational and Presumptive

Religion

School that creates a limited public forum cannot deny access to religious group. (The showing of the film series would not have been during school hours, sponsored by the school, and it was open to the public)

Bong hits for Jesus

School officials did not violate free speech by confiscating pro-drug banner and suspending offending student

Student's lewd and indecent speech is not protected by first amendment

The supreme court case dealing with the use of vulgar and lewd language which modified the Tinker doctrine is __________________?

Newspaper

School officials may regulate the content of school-sponsored newspapers.

Two stories were removed from the school newspaper by the principal 1) teen pregnancy removed names 2) student's parents divorce

Black armbands

Denial of freedom of expression must be justified by a reasonable forecast of substantial disruption.

Football

School district's policy permitting student-led, student-initiated prayer at football games violates the estab clause.

a student on the PA, majority party gets their religion perceived endorsement of prayer.

Chess

students have a right to organize their own groups in public schools whether these groups be religious, political, or philosophical.

right to assemble during non-instructional time when groups like chess club meet

cannot stop use of facilities because the school created a limited forum and prohibiting religious group was discrimination

school's viewpoint discrimination was not required to aviod violating the establishment clause.

after hours and open to anyone with parent consent

Peaceable assembly

right to freedom of assembly

Flag

Required participation in flag salute is unconstitutional

Heart and soul of the constitution

due process

equal protection

1)Nor shall any state deprive any person of life, liberty, or property with out due process of law

2) Nor deny to any person with in its jurisdiciton the equal protection of the laws.

The "due process" clause which prohibits encroachment into individual rights by the federal government is found in the ____________.

Delagation to the states

The responsibility of the State in the area of education emanates from the _____Amendment of the Constitution.

Privacy and freedom of expression

the foresight of the founding fathers

if you want more amendments, go ahead and make them

Conscience of the constitution

Pierce v. Society of Sisters

To induce someone to convert to one's own religious faith

Cruel and unusual punishment

restraint, bodily contact, excessive contact

Double jeopardy, self-incrimination

in civil you can be forced to testify.

nor be deprived of life, liberty, or property with out due process of law

Unreasonable search and seizure

Jersey v. TLO

drugs found civil case turned over to the state for criminal case.

due process

people assemble

I can't deal with all these people assembling

you are all suspended

This case is considered a landmark case in that it established key standards dealing with issues in the area of_________(suspensions and expulsions).

Religion, speech, press, assembly,petition (voice of constitution)

congress can't interfere with these 

we are agents of congress

Engle v. Vitale

Jefferson and Madison

Ind Rights

Anti federalists gained the power said we need a statement of freedom

10 amendments-constitution-dec of indep

Contract Obligations:

Retirement, tenure, grandfather clauses, your contract

How many judicial circuit courts exist in the state of florida?

1 or more counties

criminal

civil more than $15,000

probate

juvenile justice

How many state appellate districts are in Florida?

How many county courts are in Florida?

misdemeanors

traffic

civil less than $15,000

Public funds for parochial schools

Cochran v. Louisiana

child benefit theory arises for first time

Everson v. Board of ed

Hughes v. Board of ed

McCollum v. Board of ed 

released time for religious instruction on school grounds is unconstitutional

Zorach v. Clauson

released time for religious instruction off school grounds is constitutional

NY board of regents prayer declared unconstitutional

"almighty god, we acknowledge our dependence on thee, and we beg Thy blessings upon us, our parents, our teachers and our country"

Facilities Use

University that makes its facilities generally available to registered students for activities cannot close them to groups desiring use for religious activities.

Amish Children

Free exercise clause (fundamental right)

can prevent public school attendance requirements for Amish children beyond 8th grade.

In loco parentis doctrine

Reasonable/not excessively intrusive

is search justified at inception

measures for search reasonably related to objectives of search given "age and sex and nature of infraction"

Random urinalysis check for interscholastic athletics is constistutional

Rights to privacy outweighed by needs for safety and security

Gideon Bible dispersal unconstitutional....

but led to other guidelines on literature dispersal of "religious material"

In Loco Parentis

He cited Lander v. Seaver (1859) which held that in loco parentis allowed schools to punish student expression that the school or teacher believed contradicted the school’s interests and educational goals.

Random drug testing through suspicionless urinalysis testing of any student participating in extracurric competitive activities is constitutional

rights to privacy outweighed by needs for safety and security

Implications of employee conduct to Board liability

doctrine of "deliberate indifference" raised again

employee to student doctrine

sexual harassment

Doctrine of deliberate indifference to student-student conduct

sexual harassment

8th amendment not applicable to corporal punishment in school

issue or procedural due process for "ordinary corporal punishment"

1st case of constitutional standards applied to teacher employment

state must show a "compelling (Constitutional Law) state interest in order to overturn a teachers' right to speak out on issues of public importance"

Preceeds Tinker by one year

Whether he was right or wrong he had the right to say it.

Lawyer Questionnaire after she was transferred

case of public employee being transferred against her will and passed out questionnaires regarding office morale-cited for insubordination and fired

statements made by public employees (pursuant to their official duties, that are objectionable to their public employers, are not insulted by the 1st Amendment and against Discipline.

If you are head of the union you should not have the same liberties when you speak.

Principal called teacher in to his office and said feel free to speak your mind, didn't like what was said, and fired him.

Dismissal cannot be for constitutional reasons

Evidence must show that teacher's exercise of constitutional right was the motivating factor in the board's decision not to rehire

The relationship of __________ to tenure in the k-12 structure is most indicative of the "thread" of verticality

Companion case to Perry v. Sinderman

Procedural due process not required when no deprivation of Constitutional right

teacher was not renewed after one year contract was up.

Companion case to Board of Regents V. Roth

Property interest in continued employement, entitled to hearing before termination

Teacher with De Facto Tenure is Entitled to a hearing before termination of employment

Nonfeasance

Omission

Omission of an act which a person ought to do

Improper

The improper doing of an act which a person might lawfully do

Bad

The doing of an act which a person ought not do at all

Negligence = duty X Breach of duty X

Proximate cause X Injury

Liberty interest/deliberate indifference

bodily integrity- protection from harm (sex)

No such thing as a willing minor (unless married)

teacher had an affair with a minor for years.

Principal heard rumors and did nothing

superintendent acted when he found out

school officials can be held liable because they did not act (indifference).

No 1st Amendment freedom is lost to a teacher who chooses to communicate privately with his or her employer

Teacher complained to Principal about racial segregation in his office.  She was not retained.

The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses—to salute the American Flag and recite the Pledge of Allegiance despite the students' religious objections to these practices.

The Supreme Court overruled this decision a mere three years later, in West Virginia State Board of Education v. Barnette

Physical contact with a student can be characterized as corporal punishment, restraint, or __________?

wrongful physical touching of a person.

Preservation of the public peace and safety

settlement of individual disputes

maintenance of security of expectations

resolution of conflicting social interests

channeling of social change

contracts beyond power not enforceable

outside the legal power of an individual or body

see "enjoin"

enjoin: command to maintain the status quo either by doing or refraining from doing a specific act:  the writ is called an injunction.

Immediate; without a full proceeding.

Based on facts

1) Going through the federal district and federal appeals court

2) a state statute is challenged in a state supreme court and is automatically appealed to the US Supreme Court