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| Prayers mandated or organized by school officials at graduation exercises are unconstitutional. |
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Established 3 part Lemon Test
1. Reflect clearly secular purpose
2. have primary effect that neither advances or inhibits religion
3. Avoid excessive entanglement with religion. |
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| Separation of Church and State |
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Barring discrimination, establishes equal access and protection,
Provides equal protection for all citizens and due process. |
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| contract law generally governs issue of student expulsion from a private school. |
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| justifies student searches based on reasonable suspicion |
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| upheld public schools’ authority to punish students and to prohibit students’ use of vulgar, obscene, lewd and offensive speech in public discourse (Limited Tinker Doctrine) |
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| upheld authority of school officials to censor school newspaper written by students as a curricular activity. |
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States Rights
National Citizenship Primacy
grants States’ rights, state controls matters not addressed in US Constitution |
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| Students’ rights to freedom of speech and freedom of expression (black arm bands) |
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| recognition of student-initiated groups on the basis of religious, political, or philosophical content at on campus meetings. |
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| upheld students’ rights to due process prior to exclusion from school in cases of suspension and expulsion in public schools. |
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| established doctrine of “separate but equal.” |
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| Pierce v. Society of Sisters |
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| legitimate state of affairs that has force of law behind it. By right. |
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| must be accepted, but does not have sanction of laws. In fact. |
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| Denial of Equal Access Prohibited. It is unlawful for a public secondary school that receives federal funds and has created a limited open forum to deny recognition of student-initiated groups on the basis of religious, political, or philosophical content at on campus meetings. |
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| Pickering v. Board of Ed. |
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| established that public school teachers have the First Amendment right of freedom of expression. |
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Political speakers
Wilson, a poli sci teacher wanted to have a Communist come to speak to his class |
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A non-tenured teacher from Wisconsin did not get rehired after his first year teaching at the University, issued that his “liberty was not violated”
A probationary teacher may not be dismissed at midyear except for the same reason that a tenured teacher may be dismissed, such as lack of funding |
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•Cannot Violate student rights
•balance between individual rights and greater good |
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| Brown v. Topeka, I and II |
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overturned Plessy v. Ferguson.
Declared that segregation in the public education was a denial of the 14th guarantee of the equal protection of the laws, II estasblished timeline for implementation |
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Corporal Punishment
violation of California Education Code.Supreme Court decided that public school students could be paddled without first receiving a hearing. |
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| First Amendment, also known as Establishment Clause, addresses separation of church and state and free speech rights |
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| deals with whether or not a person receives fair and proper treatment when apprehended or tried in a court. – Give people all their rights. |
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| Due process deals with question of fair treatment in color of state and reasonableness of laws and regulations. (Fundamental rights – ie: right to privacy, first amendment rights, etc.) |
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| aspects of life that are deeply rooted and have been isolated must be afforded due process. |
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| funding for children who are illegal aliens cannot be withheld from public, local schools |
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| First Amendment Guarantee - See Tinker v. Desmoines |
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| Not protected by first amendment - see Bethel v. Fraser |
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| California Dress Code that prohibits student from wearing gang related clothing in public high schools. |
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| Mount Healthy City SD Board of Ed v. Doyle |
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| upheld a nontenured teacher’s freedom of expression |
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| Lehnert v. Ferris Faculty Association |
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| Has to do with the collection of and uses of compulsory union dues. Union may properly charge petitioners for those costs and that those costs aid in negotiations and ensure to the direct benefit of members |
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| the imposition of fees for educational activities offered by public high schools violates free school guarantee of the California Constitution. |
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