Term
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Definition
| To teach the newly urbanized how to read the Bible for their own protection |
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Term
| American Judicial System (3) |
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Definition
Federal District (trial)
Fed. Court of Appeals (we are Ninth)
U.S. Supreme Court |
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| State Judicial System (3) |
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Definition
Superior Court (trials)
Court of Appeals
California Supreme Court |
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Definition
| to certify-whether or not to hear a case, both Supreme Courts have this power |
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Term
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| Constitution; Amendments; Statutes; Case Law; Executive orders; Attorney Gen. Opinions |
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Definition
| State Constitution; statutes;case law; state board; dept. of education; education code; att. gen. opin. |
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Definition
| County board of education; County Supt.; School Board; District Supt.; School Rules |
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| Cruel and Unusual Punishment (working for LAUSD is exempt) |
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Definition
| unless in the U.S. constitution, powers are reserved to the States |
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Definition
| Due Process and Equal Protection |
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| Pierce v. Society of Sisters |
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Definition
| Private schools meet mandatory schooling criteria |
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Definition
| Non-citizen children must be educated |
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Definition
| 1. Secular Purpose? 2. Neither advances nor inhibits religion? 3. Avoid excessive entanglement? |
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| Public Forum (same as Open Forum) Regulations |
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Definition
| 1. Subject matter and viewpoint neutral 2. Time/place/manner; Restrictions must "serve important government interest" |
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Term
| Public Forum is established when? |
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Definition
| ANY non-curricular group is allowed access |
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Term
| Can schools require the removal of the bible from a teacher's classroom library? |
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Definition
| Yes, but not from the school's library |
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| Can title money go directly to a private school? |
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Definition
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| No fees for extracurricular activities |
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Definition
| you can refuse immunizations |
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Term
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Definition
| Family Educational Rights and Privacy Act (echoed in Ca. Ed. Code |
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Term
| What phrase accesses you to student records? |
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Definition
| "Legitimate Educational Interest" |
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Term
| How long do you keep records? |
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Definition
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Term
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Definition
| students have free speech unless it interferes with discipline (rights are not suspended at "schoolhouse gates") |
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Definition
| Lewd speech is not protected |
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Definition
| School newspaper speech can be regulated |
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Definition
| "Patriotic Exercise" using the pledge is ok, but you cannot force; you can make them be respectful |
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Definition
| Students have the right to due process |
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Term
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Definition
| Schools must have procedures written out for expulsion etc. |
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Term
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Definition
| Private school contract NOT state/fed. law covers their expulsions etc. |
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Term
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Definition
| Free and Appropriate Public Education |
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Definition
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Term
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Definition
| Can't miss eating, can't miss bus |
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Definition
| Five consecutive days; 20 days per year |
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Term
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Definition
| that day and the next day-MUST follow written procedure |
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Term
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Definition
| Corporal punishment is not cruel and unusual (not definitionally criminal) |
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Definition
| "Reasonable suspicion" is the standard for school searches-no warrant necessary |
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Definition
| Dress code to prevent gang violence (only upheld where danger can be demonstrated) |
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Definition
| Pregnant basketball player can play |
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| Progressive Discipline (low level) |
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Definition
| 1. oral warning 2. written informal warning 3. letter of reprimand |
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Term
| Progressive Discipline (serious) |
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Definition
| 4. Unsat. evaluation 5. Suspension with pay 6. Dismissal |
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Term
| Probationary Teachers (>2 yrs.) |
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Definition
| non-renewed is ok, need to be informed by March 15 |
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Term
| Right to continuing employment |
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Definition
| After two years-termination only with "good cause" |
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Term
| Are administrators tenured? |
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Definition
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Term
| How long for violations (in teacher discipline) to be formalized? |
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Definition
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Term
| If you are RIF'd, how long do you have return rights? |
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Definition
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| How long to fire a certificated person? |
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Definition
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| no reason needs be given to non-tenured teacher for non-renewal |
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| Teachers have political protection |
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Definition
| If you're an ass, you can be fired even if you engage in protected speech |
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Definition
| Show "The Wall" and you will be fired |
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Term
| Ed. Assoc. v. East Hartford |
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Definition
| Teacher dress codes are ok |
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Term
| Levels of Scrutiny (discrimination) |
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Definition
| Rational Basis; Intermediate; Strict Scrutiny |
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Term
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Definition
| age; disability; wealth; sexual orientation |
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Definition
| gender; non-marital children; alien children |
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Definition
| race/national origin; fundamental rights (voting, travel etc.) |
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Term
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Definition
| 1. Discrim. on its face 2. Outcome is discrim. 3. descrim. motive behind the law |
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Term
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Definition
| gender bias for administration is illegal |
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Definition
| Separate but equal is A-OK |
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Definition
| Separate but equal is not OK |
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Definition
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Term
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| in fact (in other words, the outcome) |
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Term
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Definition
| Elem/Secondary Ed. Act-Title VI;Ed. of handicapped act; 504 of Rehab. Act; P.L. 94-142;IDEA,ADA;IDEIA |
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Term
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Definition
| children must be in Least Restrictive Environment (LRE) |
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Term
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Definition
| use the IEP process and behavior analysis except with drugs and weapons |
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Term
| Hudson v. Rowley (sign language case) |
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Definition
| Students w/ disabil. only need to make progress. Schools not required to maximize potential |
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Term
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Definition
| Student with AIDS can't be denied access to school |
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Term
| Grube v. Bethlehem (kidney) |
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Definition
| Disabled can play football |
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Term
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Definition
| policy of "fiscal neutrality" was adopted to even out funding across the state |
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Definition
| no funding bias demonstrated |
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Definition
| whole state school system was f*cked |
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| Williams v. CA (out of court settlement) |
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Definition
| Equal materials and physical plants |
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Term
| Where did PERB (for unfair labor practices) come from? |
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Definition
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Term
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Definition
| meetings at the school board (and above) level |
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Term
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Definition
| Vouchers in this specific case did not violate establishment clause |
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Term
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Definition
| Civil wrongs which can have monetary compensation to "make whole" |
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Term
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Definition
| School board members acting in good faith are protected from lawsuits |
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Definition
| District not libel for sexual abuse because they didn't know about it. Key phrase:deliberate indifference |
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Term
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Definition
| School did act with "deliberate indifference" and was libel in this case |
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Term
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Definition
| Assault (non-physical fear); battery (physical); defamation (reputation harm) |
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Term
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Definition
| intentional written or spoken harming reputation or exposing to hatred scorn or ridicule. |
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Definition
| Must be false and communicated to a third person. Truth may or may not be defense if done maliciously |
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Definition
| Duty of Care; breach of duty; actual loss; proximate cause (if you weren't there, would it occur anyway) |
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Term
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Definition
| Governmental Immunity (not CA); Contributory neg.(party participated); Comparative Neg.(many people resp.); Assumption of risk (like in sports) |
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Term
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Definition
| Compensatory damages ($ for actual losses);Punitive ($ to spank you); Nominal (small $ for non-losses) |
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Term
| Peter W. v. San Francisco |
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Definition
| School malpractice is a non-issue |
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Term
| How long to report abuse? |
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Definition
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