Term
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Definition
| Constitutional Liability:
District suspended student who alleged civil rights violation;
Nominal money damages |
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Term
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Definition
Constitutional tort:
District expelled student who alleged civil rights violation;
immunity from liability for school board members |
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Term
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Definition
Teacher sexually harasses student.
District not liable unless they knew (should have known).
Teacher personally liable. |
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Term
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Definition
student to student sexual harassment
District liable because they knew and acted with deliberate indifference |
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Term
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Definition
10 year old boy left school and was struck by a motorcyclist.
Duty of care once student leaves school grounds? District has duty of care.
District had duty of care and failed the four pronged test:
Duty of care
Breach of duty
Proximate cause
Harm |
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Term
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Definition
Slap boxing 16 yr old students - wrongful death suit
teachers were liable and district was liable.
Duty
Breach of Duty
Proximate cause
Harm |
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Term
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Definition
12 year old boy fatally injured while skateboarding on campus.
District not held liable for injury occurring after school hours. |
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Term
| Rose v Council for Better Education |
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Definition
Kentucky's system unconstitutional because constitution states education should be equal.
Court ordered increased funding |
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Term
| Defences against negligence |
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Definition
1. satisfy duty of care
2. contributory negligence - students' own conduct
3. comparative negligence - several people contributed
4. Assumption of risk - Individuals must take responsibility |
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Term
| Three issues in school funding |
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Definition
1. equal protection
2. choice
3. school fees |
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Term
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Definition
Challenged methods of funding for school districts in CA:
Education is a fundamental right
1. Education is essential
2. Education is so vital that it is compulsory.
Wealth is a suspect class
1. triggers a note about |
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Term
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Definition
| 1st Amendment: congress shall make no laws establishing religion |
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Term
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Definition
| 1st Amendment provides the freedom to believe or not to believe. |
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Term
| Abington Township v Schempp |
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Definition
| Daily recitation of 10 bible verses and the Lords prayer is unconstitutional. Bible as Literature is OK |
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Term
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Definition
| NY State "Almighty God we acknowledge our dependence upon thee..." recitation is unconstitutional |
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Term
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Definition
Public funds for parochial school teachers?
No.
Lemon test:
1. is it secular?
2. Does it avoid advancing religion?
3. does it avoid entanglement? |
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Term
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Definition
| Graduation prayers not ok. No clergy allowed. |
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Term
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Definition
| "Can't teach evolution unless you teach creationism" is NOT OK. New Orleans |
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Term
| School finance: 3 issues contributing to litigation |
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Definition
1. Unequal per pupil funding
2. Choice
3. School fees |
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Term
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Definition
Unequal per pupil funding. Decision:
1. court ill-equipped.
2. Lack of data
3. lack of consensus |
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Term
| San Antonio v Rodriguez - Federal |
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Definition
| Is education a fundamental right? NO. Therefore, rational basis and not wealth suspect classification. Federal court not a route to challenge school finance inequities. |
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Term
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Definition
| Parents have the right to complain about books, cleanliness, lack of certified teachers. |
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Term
| Zelman v Simmons-Harris - Federal |
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Definition
Claim: Vouchers violate Establishment Clause.
Decision: No. Does not violate Lemon test. |
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Term
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Definition
| Public schools may not charge for extracurricular activities. If you can't afford it, don't offer it. Waivers are not good enough - discriminatory. |
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Term
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Definition
| California statute allowing charging fees for bus transport violates equal protection. |
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Term
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Definition
1. duty of care
2. breach of duty
3. proximal cause
4. harm |
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Term
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Definition
Negligence
Intentional
Constitutional |
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Term
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Definition
| Student alleged malpractice because he graduated without being able to read and could not get a job. |
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Term
| Liability: Supervision situations |
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Definition
1. classroom / corridors
2. Athletics and PE
3. Lunch - greater duty of care in less structured situations
4. Equipment and Materials
5. Errands
6. Field trips
7. Transportation |
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