Describe each amendment

1st

4th

5th

8th

10th

14th

1st = freedom of speech and religion

4th = protection from unreasonable search

5th = need not testify against oneself

8th = protection from cruel & unusual punishment

10th = powers reserved to the state (gives education to the state)

14th = right of due process and = protection

Governance: managing the school system

Government: An organization that exercises political authority

School Board: Legislative body similar to US Congress or state legislature

Superintendent: Executive officer similar to US President or state governor

*There are 10 members

*Four-year terms

*appointed by the governor

*approved by 2/3 vote in state senate

*student member 1 year

Waive provisions of Ed. Code: Student attendance example

Establish standards

Describe the duties of the California State Superintendent of Public Instruction

How long is the term?

How many terms can he/she serve?

Duties; Secretary to State Board of Ed.

Leadership to county & district superintendents

District budgets

Monitoring district budgets

Appointing district administrator in state takeovers

4-year term, two-term limit

* Monitor district budgets

* Provide assistance to districts

* Oversee Credentials

* Financial oversight

* Secretary to county board of education

He/she is elected or appointed

* employ and dismiss personnel

* adopt budget and oversee expenditures

* oversee curriculum

Brown Act

What are the qualifications of the Local Boards of Education?  

In California how many members are there? What is the term of service?

Is there any compensation?

The qualifications: 18 years of older, US citizen, resident, registered voter, not disqualified from holding offices

May have 3, 5, or 7 members

4-year term; staggered elections every 2 years

Compensation relative to size of district

role: chief executive officer

qualifications: determined by board, credential unnecessary

duties: budget development & management, personnel management, contract preparation, secretary to district board.

role: middle management

duties: day-to-day management of the school

qualifications: administrative credential

Does the action in question;

* have a secular purpose

* neither advance or impede religion

* avoid excessive entanglement

The action must pass all three tests to be constitutional

Jane Doe v. Galveston 1999

(see Santa Fe Independent School District v. Doe)

Then- governor Bush filed brief in the support of prayer then he became president and NCLB came in and student selected prayer is allowed.

Violates establishment clause.

Decision: No prayer before sporting events

* Students and teachers can meet for prayer before school, during lunch, and after school

* Students can meet for prayer if they follow requirements of the act (Sponsor cannot participate)

1. Control over one's person

2. No unreasonable search and seizure (need to show probable cause)

3. Specific search warrant

4. Warrant issued by judge

5. Students protected by 1,2, and 3; not 4-5

KEY WORD: Reasonable - proper, rational/fair

prohibits use of drug references

Banner "Bong hits for Jesus" at football game.  Students raised banner at game and refused to take down.  Students were suspended and sued. Ruling in favor of the school

Football student sues school because he wouldn't sign random drug testing permission form. 

Found in favor of the school.

6:3 decision sighted TLO. Students have lesser expectation of privacy.

In Loco Parentis

explain the definition

definition; in place of the parent

ed code. 44807

need parent support

1. personal violence

2. extortion or harassment

3. possessing or furnishing dangerous objects

4. possessing, furnishing, or under influence of drugs, alcohol, tabacco

5. damage to or theft of property

6. disruptive or vulgar behavior

The removal of student from ongoing instruction.

5 days in one incident

20 days per year

may be extended if expulsion is recommended

The separation of student from supervision of district.

Only a school board can expel.

Student must receive due process

Open meeting act

meetings have to be public

(school board, SBM)

Describe the historical overview of religion in the schools

(In the United States Constitution there are 3 points)

**religion common in schools in early US

** Steady stream of lawsuits after WWII

US Constitution

religious freedom

no state establishment or religion

4th Amendment: "Congress shall make no law respecting the establishment of religion or prohibiting the free exercise therof"

Family Education Rights Privacy Act

FERPA

Protection of rights and privacy of parents and students

Parents have the right to view all of their students records (includes all formats; paper, film, computer disks, etc.

1. post appropriate signs

2. select appropriate staff to conduct the search

3. pre-establish a random selection plan

4. search other areas (lockers)

Search and Seizure

when can you search?

The administration need reasonable cause....

school police are not administrators and have to have probable cause.