Term
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Definition
Public Forum- gov't property open to speech... must be subject matter and viewpoint neutral.
Time, Place and Manner can be regulated.
Limited Public Forum- gov't property that could be closed to speech but gov't has chosen to open... follow same as above... time, place and manner
Non Public Forum- gov't properties the cog't can and do close to speech
Private Property-no right to use private property for speech purposes. |
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Term
| Equal Access Act- Fed law 1984 |
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Definition
Unlawful for secondary school who received fed $ and have public forum to deny recognition of student initiated groups based on political,
*outsiders may not control or reg attendance |
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Term
| limited public forum 1 or more student organizations are meeting |
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Definition
| noncurricular, must not be regulated by content and viewpoint. Time, place or manner regulations. |
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Term
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Definition
Edwards against Evolution
Louisiana set up law providing equal time for creationism and evolution
Establishment clause: violation |
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Term
State of CA - Evolution
Pulosa |
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Definition
Teacher can only teach evolution as a theory... ok
Pulosa could not discuss beliefs w/students |
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Term
| Intelligent Design in '05 |
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Definition
Combo of evolution and creationism
Thrown out... promotion of religion
2nd prong |
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Term
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Definition
Immunization and 1st amendment establishment clause... free exercise of...
Issue: not stated in religious doctrine directly and shows as genuine and sincere
Results: Injuction granted, not barring attendance for immunization |
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Term
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Definition
we can't accomodate texbook objection from parents
Bibles couldn't remove from library, but teacher must hide his bible. |
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Term
| Distribution of Religious Literature |
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Definition
list of rules about literature p. 59
Call DO |
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Term
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Definition
| Release for religious purpose |
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Term
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Definition
Easter changed to Spring Break
Good Fri... Challenged 4 day holiday
Court decided secular purpose...
has become community expectation.
If high %age of religious type, secular day is worked in, of low %age, must take private day |
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Term
Use of Facilities - Community Use
Cal ed Code |
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Definition
NP (nonprofit) promoting youth and school activities must be given use
May decide whether to charge for nonreligious or religious affiliated sports
Must charge direct cost to religious use |
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Term
| The Good News Club vs. Milford Central School '01 |
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Definition
Issue:Is excluding a religious club from mtg after hours
Rule: Community use policy vs. 1st amendment.
Limited pub forum was created.
Community Policy: character dev't
Law: upheld for Good News Club
Dissent: not fair, but majority opinion. Milford engaged in viewpoint discrimination. |
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Term
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Definition
10% CA nps 3/4 Catholic
Fed Statute: NCLB ('65 law reconfigured)
Private generates own funds, but services are provided by pub schools to avoid entanglement by providing funding directly to private schools |
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Term
*Hatrzell v. Connell
Supreme Ct of CA |
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Definition
Santa Barbara High
Issue: Can public school charge fees for extracurricular
Rule: District policy vs. free school guarantee of the CA Constitution
Facts: $25 fee for extracurricular events
Analysis: financial hardship isn't a defense for charging fee
Violation of free school guarantee
Today: many violations under "donations" but is not called upon due to reality of alternatives to cutting programs |
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Term
Nagy vs. Evansville-Vanderburgh
Indiana Constitution |
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Definition
Charging $20 per student to cover
Does it violate their constitution.
Does not provide for free school system... just free tuition
Tradition states that all these are part of schooling, however if you do add other types of services, you could charge for those. Tuition is defined as every child paying same amount. |
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Term
| CA Immunization Berg vs Glencoe |
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Definition
| Affidavit that states religious, medical or philosophical reason not to be immunized... do not encourage wiaver, but if parent does request, then give waiver if sincere believe leads to affidavit |
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Term
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Definition
| Implements edcode for state of CA |
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Term
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Definition
| Layers of sources of law... state dept of ed, all primary sources |
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Term
| State level has plenary power over education |
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Definition
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Term
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Definition
Covers board mtgs... appropriate notice, take minutes
Closed mtg... expulsion, litigation, firing teacher |
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Term
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Definition
| has discretionary power over anything not in the law, all members including new hires are bound to same regs |
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Term
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Definition
| Rodda act - establishes perb (unfair labor practices) Impass requires mediation and if no result, then arbitration |
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Term
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Definition
| most common way to stop a strike |
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Term
| Primary sources of law vs. Secondary sources |
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Definition
| sec- anything written about primary |
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Term
| Primary sources of law vs. Secondary sources |
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Definition
| sec- anything written about primary |
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Term
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Definition
| regulation can be only on time. subject and manner |
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