Shared Flashcard Set

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Educational Law
CalState Northridge Ed. Law Class
53
Education
Graduate
11/27/2006

Additional Education Flashcards

 


 

Cards

Term
Lemon v. Kurtzman
Definition
TOPIC: State supplementing private school teacher salary and supplies (secular subjects)


RULING: Supreme Court (1971) said NO
Term
Engel v. Vitale
Definition
TOPIC: School prayer


RULING: Supreme Court (1962) said school prayer unconstitutional
Term
School Dist. of Abington Township v. Schempp
Definition
TOPIC: School prayer


RULING: Supreme Court (1960's) reading Bible and reciting Lord's Prayer during normal hours unconsititutional. Bible as literature ok.
Term
Lee v. Weisman
Definition
TOPIC: Prayer at graduation


RULING: Supreme Court (1992) prayer organized by school officials and led by local clergy unconstitutional
Term
Edwards v. Aguillard
Definition
TOPIC: Teaching of Creationalism

RULING: Supreme Court (1987) said "Creationalism Act" violated Establishment Clause of 1st Amendment by advancing religious doctrine. Affirmed court of appeals ruling.
Term
Palmer v. Merluzzi
Definition
TOPIC: Is participation in extracurricular activities a protected right under the constitution?

RULING: 3rd District court ruled extracurricular activities NOT a fundamental right
Term
Goss v. Lopez
Definition
TOPIC: May a school suspend a student from school without some notice and without some kind of hearing?

RULING: Supreme Ct. affirmed district court ruling that public schooling is a property interest and cannot be denied without due process.
Term
Ingraham v. Wright
Definition
TOPIC: Does the paddling of students constitute cruel and unusual punishment under the 8th ammendment? If so, do due process laws apply?

RULING: Supreme Court ruled NO; due process laws do not apply to corporal punishment in schools.
Term
New Jersey v. T.L.O.
Definition
TOPIC: Student Searches and the 4th Amendment

RULING: U.S. Supreme Court reversed NJ Supreme Court-- Students are protected against unreasonable search and seizures, but educators only need REASONABLE SUSPICION
Term
Board of Regents of State Colleges v. Roth
Definition
TOPIC: Must non-tenured teachers be given reasons for non-renewal?

RULING: NO
US Supreme Court overturned District court.
Term
Mt. Healthy v. Doyle
Definition
TOPIC: Does an untenured teacher have 1st amendment rights to free speech? If so, does this right prevent district from dismissing teacher based on performance record?

RULING: US Supreme Court found that while untenured teachers do have protected freedom of speech, the district is free to dismiss based on overall performance record,
Term
Pickering v. Board of Education
Definition
TOPIC: Do teachers have 1st ammendment right to free expression?

RULING: YES
US Supreme court overturned Illinois Supreme Court.
Term
Jeglin v. San Jacinto
Definition
TOPIC: Dress Code; 1st Ammendment Rights


RULING: Schools may curtail student rights regarding dress if there is a reasonable suspicion that education will be disrupted.
Term
Beeson v. Kiowa City Schools
Definition
TOPIC: Rights of Married Students--prohibition from extracurricular activities.

RULING: Colo. Ct. of Appeals reversed district court. Declared district policy invalid
Term
Berg v. Glen Cove City School Dist.
Definition
TOPIC: State interest in immunizing all children v parents' religious rights (First Amendment)

RULING: District Court ruled in favor of parents (1994)
Term
Hartzell v. Connell
Definition
TOPIC: Can public schools charge extracurricular activity fees under CA Constitution's free school guarantee?

RULING: Supreme Court of CA (1984)No, School hardship not a defense to violate Free Public School Guarantee
Term
Good News Club v. Milford Central School
Definition
TOPIC: (Equal Access) violating the Free Speech Clause by excluding a religious club from meeting after school.

RULING: Supreme Court reversed court of appeals judgment, stated that the school discriminated against GNC, based on its religious viewpoint (2001)
Term
Murray v. Curlett
(Companion case to School District of Abington v. Schempp)
Definition
TOPIC: (Bible reading) The right to begin the school day by reading from the bible.

RULING: Supreme Court (1963) found PA in violation of the 14th Amend. & Establishment Clause.
Term
Barcheski v. Board of Ed. of Grand Rapids
Definition
TOPIC: Teacher impropriety with students (giving them alcohol) and consequent dismissal.

RULING: Michigan Court of Appeals (1987) affirmed that teacher's discharge was based on reasonable and just cause.
Term
Fowler v. Board of Ed. Of Lincoln County
Definition
TOPIC: Academic Freedom to show movies

RULING: the Sixth Circuit ruled that school officials did not violate the First Amendment rights of a teacher when they fired her for showing the R-rated movie Pink Floyd -- The Wall in her classroom.
Term
Eckmann v. Board of Education of Hawthorne School District
Definition
TOPIC: pregnancy. School board fired an unmarried teacher who was pregnant and planned to raise the child as a single parent.

RULING: Court ruled teacher was unjustly discharged in violation of the Pregnancy Discrimination Act.
Term
Wilson v. Chancellor
Definition
TOPIC: school board order banning “all political speakers” from Molalla Union High School

RULING: United States District Court in Oregon decides against a school board that prohibited a high school political science teacher from inviting to his class a Communist speaker after his class had heard from representatives of the Democrats, Republicans, and the John Birch Society.
Term
East Hartford Education Association v. Board of Education of Town of East Hartford
Definition
TOPIC: Dress & Grooming. A public school teacher reprimanded for failing to wear a necktie while teaching his English class.

RULING: All teachers may properly be subjected to many restrictions in their professional lives, which would be invalid if generally applied. A school board may, if it wishes, impose reasonable regulations governing the appearance of the teachers it employs.
Term
Marshall v. Kirkland
Definition
TOPIC: Employment Discrimination. Sex based discrimination in not hiring females for administrative and specialty
positions.

RULING: Appellate court reversed the district court’s dismissal of the class and individual claims for relief predicated on alleged unconstitutional sex discrimination to the extent it relates to the assignment of female teachers to specialty positions and promotion to administrative positions. Case is remanded to the district court for further proceedings consistent with that opinion
Term
Gillett v. Unified School District
Definition
TOPIC: This case involves a controversy between a schoolteacher and school board over the nonrenewal of her teaching contract.

RULING: The Court cannot in good conscience find from the evidence that the school board’s action was not taken in good faith, or that it was arbitrary, irrational, unreasonable, or irrelevant to the school board’s objective of maintaining an efficient school system for the students in the school district. It follows that the judgment of the district court must be reversed and the case remanded to the district court for corrections to enter judgment in favor of the school board.
Term
Pierce v. Society of Sisters
Definition
Topic: Private schools and compulsory school attendance. Ruling: Supreme Court (1925) ruled that private/parochial school attendance satisfies compulsory school attendance laws. Private schools have the right to exist.
Term
Board of Hendrick Hudson v. Rowley
Definition
Topic: Special education - IDEA and FAPE (Free Appropriate Public Education). Ruling: Supreme Court (1982) ruled that FAPE must be reasonably calculated to enable child to receive educational benefit (NOT to help the child meet his/her maximum potential).
Term
Brown v. Board of Education of Topeka (Brown I)
Definition
Topic: De Jure (by right/law) Public school segregation ("separate but equal"), 14th amendment. Ruling: Supreme Court (1954) found that racially segregated schools are inherently UNequal and deprive children of 14th amendment rights.
Term
Brown v. Board of Education of Topeka (Brown II)
Definition
Topic: How to implement Brown I - desegregation of public schools. Ruling: Supreme Court (1955) ruled to leave the responsibility of desegregation to the individual states and the district courts. No guidance of timelines were given.
Term
Sheff v. O'Neill
Definition
Topic: De facto (in fact) racial/economic segregation in public schools in Connecticut. Ruling: Superior Court of Connecticut ruled that the state's plan for desegregation (PL 97-290) was developed in good faith and in a timely manner.
Term
San Antonio Independent School District v. Rodriguez
Definition
TOPIC: School Finance systems as a form of discrimination

RULING: Court reversed the decision of the lower court stating that the system did not violate the 14th amendment clause- education not a fundamental right protected by the US constitution
Term
Tinker v. Des Moines
Definition
TOPIC: Freedom of expression (students wearing armbands to school).


RULING: Supreme Court says students and teachers have the right to free speech and expression 1969
Term
Rose v. Council for Better Education
Definition
TOPIC: School Finance/Common schools statewide (kentucky)

RULING: Unconstitutional - Supreme court upheld the decision of teh District Court and ordered the reconstruction of the state's funding system (education is a right in the state's constitution
Term
Zelman v. Simmons-Harris
Definition
TOPIC: Voucher System

RULING: NO reversed the court of appeals decision and stated that the system was not in violation of the establishment clause
Term
Wood v. Strickland
Definition
TOPIC: School Board Liability Immunity

Ruling: Supreme Court agreed that there should be some good faith immunity but not absolute. Vacated the desicion back to the district court for proceedings.
Term
Bethel School District no. 403 v. Frasier
Definition
TOPIC: Freedom of Expression - Student's obscene speech

RULING: Supreme Court says no 1986
Term
Hazelwood School District v. Kuhlmeier
Definition
TOPIC: Freedom of Expression - Can school officials censor school newspaper?

RULING: Supreme Court says yes 1988
Term
Sherman v. Community School District 21
Definition
TOPIC: Patriotic Expression

RULING: U.S. Court of Appeals says school may recite the pledge as long as students are not compelled to participate
Term
Erb v. Iowa State Board of Public Instruction
Definition
TOPIC: Teacher as Exemplar - adultery

RULING: Teacher's certificates can only be revoked if teacher's retention will adversly affect the community.
Term
Gebser v. Lago Vista Independent School District
Definition
TOPIC: School liability for teacher sexual harassment

RULING: School is not liable for damages under Title IX unless the person who is to investigate claims of harassment is indifferent to the situation
Term
Farrington v. Tokushige
273 U.S. 284 (1926)
Definition
TOPIC: Regulation of private schools
To what extent can a state regulate private schools?
RULING: Regulations that serve no demonstrable public interest infringe on the rights of both parents and school owners. Phylosophically, parents should have the freedom of choice in the education of their children.
Term
Plyler v. Doe
457 U.S. 202 (1982)
Definition
TOPIC: Admission
Can a public school deny admission to students with an illegal alien status?
RULING: No! Funding could not be withheld from local school districts for the education of these children nor could local school districts deny enrollment to these children. Philosophically, children should not be deprived of an education.
Term
Wisconsin v. Yoder
406 U.S. 205 (1972)
Definition
TOPIC: Compulsory attendance
Under which grounds can compulsory attendance be contested?
RULING: The Supreme Court upheld the Amish position of not having to send their children to school beyond the eighth grade contending that enforcing the law would conflict with the free exercise of their established Amish, religious beliefs.
Term
Davis v. Monroe County Board of Education
526 U.S. 629 (1999)
Definition
TOPIC: Student to Student Harassment
When does juvenile behavior rise to constitute a claim for damages under Title IX?
RULING: If actual knowledge and deliberate indifference on the part of the board is evident, a school district can be held liable. The judgement of the United States Court of Appeals was reversed and the case was remanded.
Term
Serrano v. Priest
487 P.2d 1241
Definition
TOPIC: School Finance Reform
Are students denied equal protection of the laws when the method of financing public education allows substantial disparities among school districts?
RULING: The California Supreme Court established that education was a constitutionally protected fundamental interest and that "wealth" was a "suspect classification." The court established the "fiscal neutrality" standard that determines that the quality of a child's education could not be based on the wealth of a child's local school district but rather on the wealth of the state as a whole.
Term
Thomas v. Atascadero Unified School Dist.
662 F. Supp. 376 (1987)
Definition
TOPIC: Individuals with Disabilities
When can a school district be held liable for not including students with HIV or AIDS in the public school mainstream?
RULING: Recipients of federal funds within the meaning of 29 U.S.C.section 504 of the Rehabilitation Act of 1973, carry the burden of demonstrating that an "otherwise qualified" "handicapped person" within the meaning of the Act, is not "otherwise qualified" to attend public school. Ruling was for the plaintiffs.
Term
Peter W. v. San Francisco USD
Definition
Topic: Educational Malpractice. Was the school negligent in assigning him to wrong classes, poor teachers, allowing him to graduate although he couldn't read?

Ruling: Case dismissed by court due to numerous other factors that affect the outcome of a student's education
Term
Carey v. Piphus
Definition
Topic: Can students get nonpunitive damages even if their suspensions are justified?

Ruling: Students could recover damages even though suspensions are justified and did not cause injury by denial of due process. (not to exceed one dollar)
Term
Plessy v. Ferguson
Definition
Topic: Is mandating racial segregation on railway cars a violation of 13th and 14th Amendments?

Ruling:Affirmed ruling of separate but equal as constitutional
Term
Allen v. Casper
Definition
Topic: Right of due process in expulsion of a student from private school.

Ruling:District court ruling affirmed. The parents lost the case, no evidence of a violation of their contractual right.
Term
Lehnert v. Ferris
Definition
Topic: Is collection of required union dues by a non-member an infringement on 1st Amendment since it may be used for political lobbying?

Ruling:Affirmed in part and reversed in part. Monetary support of a union is not a violation of rights, but employees cannot be required to contribute to a cause that they oppose. The court made case by case rulings on which activities unions may constitutionally charge non-members.
Term
Grube vs. Bethlehem Area School District
Definition
TOPIC: Participation in extracurricular activities by students with disabilities

RULING: The court found no "substantial justification" for denying participation.
Term
Gonzales v. McEuen
Definition
TOPIC: To what extent must students be notified regarding the nature of their expulsion proceedings?

RULING:U.S. District Court ruled that an adequate notice must include a statement of specific charges and basic rights available to the student (e.g.- right to counsel)
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