Term
| Wisconsin v. Yoder 1972 Wisconsin |
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Definition
| Compulsory attendance Under which grounds can compulsory attendance be contested? RULING: The Supreme Court upheld the Amish position of not having to send their children to school beyond the eighth grade contending that enforcing the law would conflict with the free exercise of their established Amish, religious beliefs. |
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Term
| Pierce v. Society of Sisters 1925 Oregon |
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Definition
| Private schools and compulsory school attendance. Ruling: Supreme Court (1925) ruled that private/parochial school attendance satisfies compulsory school attendance laws. Private schools have the right to exist. |
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Term
| Grigg v Virginia 1982 Virginia |
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Definition
| Distinguished between home school and private school. Found that home school and private school are not the same. |
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Term
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Definition
| Can a public school deny admission to students with an illegal alien status? RULING: No! Funding could not be withheld from local school districts for the education of these children nor could local school districts deny enrollment to these children. Philosophically, children should not be deprived of an education. Violates 14th Ammendment=Equal Protection |
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Term
| Engel v. Vitale 1962 New York |
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Definition
| School prayer RULING: Supreme Court said school prayer unconstitutional; refers to the establishment clause. |
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Term
| Abington School District v. Schempp Pennsylvania |
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Definition
| School prayer RULING: Supreme Court reading Bible and reciting Lord's Prayer during normal hours unconsititutional. Bible as literature ok. |
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Term
| Murray v. Curlett No. 119 1963 Maryland |
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Definition
| Decided along with Abington v. Schempp. Athiest attending Baltimore school was required to read Bible passages-challenged the prayer requirement. |
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Term
| Lee v. Weisman 1992 Rhode Island |
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Definition
| Prayer at graduation RULING: Supreme Court prayer organized by school officials and led by local clergy unconstitutional |
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Term
| Wallace v. Jaffree 1985 Alabama |
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Definition
| Ruled that school sponsored silent prayer violated the Establishment Clause; however, this case opened the door for the Moment of Silence |
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Term
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Definition
| Worked in tandum with two other cases: Earley v. DiCenso and Robinson v. DiCenso. Ruled that school systems should not pay for church-related educational instruction. Lemon test emerged from this case. |
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Term
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Definition
| AKA: Lemon Principle, Tri-partide test, three part establishment clause. In order to evaluate whether a case violates an amendment: To be constitutional a statute must have: a secular legislative purpose, it must have principal effects which neither advance or inhibit religion and must not foster an excessive government entanglement with religion. Only has to violate one of the above. This has been used in every case on religion from 1971-1991 |
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Term
| Sante Fe Independent School Dist. v. Doe New Mexico 2000 |
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Definition
| Violates the Establishment Clause because prayer at football games is not voluntary. |
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Term
| McCollum v. Board of Education Dist. 71 Illinois 1948 |
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Definition
| The use of the public school system for religious instruction violates Establishment Clause. |
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Term
| Zorach v. Clauson 1952 New York |
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Definition
| Neutrality= off school property, neither constituted or established. |
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Term
| Lamb's Chapel v. Center Moriches School District 1993 New York |
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Definition
| Equal Access Act=let everyone use facilities or no one. Churches have the right to use facilities after school hours. |
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Term
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Definition
| Legislative Branch=makes the laws, Judicial Branch=interprets the laws, Executive Branch=enforces the laws |
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Term
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Definition
| Implements the laws. School boards does not make policy. |
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Term
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Definition
| Body of precepts that provides a framwork of law in which an orderly government can operate. |
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Term
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Definition
| Belonging to the states (rights) |
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Term
| Tinker v. Des Moines Ind. Comm. School Dist. 1969 |
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Definition
| Freedom to express through speech or something close to "pure speech." Questions/points to remember: Students don't lose rights at school door; personal/private/political expression is free speech, students' rights don't represent the school; Is the incident Material and Substantial AND is there proof of disturbance to educational day. |
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Term
| Bethel School District No. 403 v. Fraser 1986 |
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Definition
| Vulgar, lewd and obsene speech is not protected under the First Amendment if the speech is inconsistent with "fundamental values of public school education." |
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Term
| Hazelwood School District v. Kuhlmeier 1988 |
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Definition
| School-sponsored speech is not protected under the First Amendment; It is ok to refuse to print what is "inconsistent" with the shared values of civlized social order." |
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Term
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Definition
| When students are suspended for ten days or less they should be offered: some notice and some hearing; Due Process: notice, hearing, witnesses, all sides of story. |
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Term
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Definition
| When resonable cause is established, students can be searched; however, remember, two-prong test: justified in inception (resonable suspicion), and resonable in scope: the more individualized, the closer to body a search becomes. Did not violate 4th or 14th Amendment. |
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Term
| Gonzalez v. McEuen California 1977 |
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Definition
| Long term suspensions and expulsions; Student has a right to: counsel, cross examination of witnesses and to see all evidence. The problem with this case is that the superintendent stayed in the room while the school board ruled, which alluded to bias. |
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Term
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Definition
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Term
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Definition
| Questions the law/application of the law |
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Term
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Definition
| The number of Supreme Court Justices it takes to hear a case. Only one has to have original and appeallate jourisdiction |
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Term
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Definition
| Agreement to move a case from a lower case to the Supreme Court |
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Term
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Definition
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Term
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Definition
| Rule of civil conduct perscribed by local/federal mandate commanding what is right and prohibiting what is wrong |
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Term
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Definition
| fair and proper treatment of all: notice, witnesses, ten days for ALL |
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Term
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Definition
| Questions fair treatment= Rule itself |
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Term
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Definition
1. Constitution as guidance
2. Common law-Judge/court make law and the judge is expected to follow precedent cases.
3. Statutory Law- State laws
4. Administrative Law-Board of Education |
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Term
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Definition
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Term
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Definition
| Cannot establish or prohibit religion or hinder freedom of speech |
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Term
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Definition
| UNREASONABLE search and seizure |
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Term
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Definition
| Elastic Clause=if it is not in the Constitution, then state must take action over education. |
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Term
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Definition
| Due Process and Equal Protection |
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Term
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Definition
| AKA General Welfare Clause=Article One, Section eight=if we can tax then we can provide education for all. States must meet regulations |
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Term
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Definition
| Supreme Court chose not to hear the case |
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Term
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Definition
| ask anyone to distribute materials at the same time/manner/place in order to avoid discrimination. |
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Term
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Definition
| It is unlawful for any secondary public school that receives federal financial assitance AND has a Limited Open Forum to deny recognition of student groups on the basis of religion/politics/philosophical speech |
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Term
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Definition
| One or more non-curricular groups that meet on school property during non-instructional time |
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Term
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Definition
| No one is allowed to meet during the school day. This is not popular anymore |
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Term
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Definition
requires that 'like cases be
decided alike'. If a case now before the court has facts
and raises issues similar to those of a previously decided
case, then the present case will be decided in the same way
as the earlier one. In this way, the earlier case, referred
to as 'a precedent' will have provided a legal basis on
which the latter case and subsequent cases could be
decided |
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Term
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Definition
| Each state decides on use of corporal punishment |
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