Term
1. Non-tenured teacher renewal and dismissal:
• Board of Regents v. Roth |
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Definition
• David Roth, non-tenured teacher 1 year contract (PS) Wisconsin Univ.
• In Feb. was told contract would not be renewed
• No reasons were given for nonrenewal and no opportunity to challenge
• Sued the Univ. saying real reason not rehired bc of his outspoken criticism violated his 1st amendment rights and not giving him a reason or appeal violated his due process
• SC ruled he had no protected interested in continued employment |
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Term
Freedom of Expression:
• Pickering v. Board of Education of Township HS District |
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Definition
• HS Science teacher – letter to the newspaper criticizing the boards use of funds
• SB termintaed saying leter contained false statements
• Teacher sued saying 1st amendment right violated
• Teacher was reinstated bc it was found he was fired for speaking out thus violateing 1st amendamendment
• Teacher was speaking as a citizen on matters of public concern |
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Term
| • Mt. Healthy City School District Board of Education v. Doyle |
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Definition
• Non-tenured HS teacher – argued w/other teachers & cafe workers, obsene gestures at students and swore
• He objected to new dress code
• Gave a memo from principal to radio station
• School did not renew his contract
• Teacher sued saying he was fired bc he spoke out against dress code
• SB said they had other reasons for not rehiring teacher
• Court ruled in favor of the school bc they were able to show that they wpould have made the same decision in the absences of the protected speech activiuty.
• This is now known as a "Mt. Healthy defense." |
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Term
3. Academic Freedom:
• Fowler case |
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Definition
• Jacqueline Fowler, tenured teacher 14 years
• Showed R movie last day of school to HS students 14-17yrs old
• 15 yr old said 1 bad part that he attempted to cover up with file folder
• Teacher left the room and was preoccupied
• Fired for insubordination and conduct unbecoming of a teacher
• Said she would show it again if she had a chance to explain
• DC said behavior was protected by 1st amend and was given job back w/damages
• SC voided DC decision and dismissed case |
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Term
. Drug Testing:
• Knox County Ed. Assoc.v. Knox County Board of Ed. |
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Definition
• Knox County drug testing policy was challenged saying it violated 14th amendment
• 1st part- all employees wanting “safety sensitive” position must be tested
• 2nd part- reasonable suspicion tests
• Court ruled it DID NOT violate 14th amendment bc once an initial test was passed there were no subsequent or random tests and he 2nd part called for individual suspicion |
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Term
. Personal Appearance:
• East Hartford Ed. Assoc. v. BOE of the Town of East Hartford |
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Definition
• Richard Brimley wore sport coat and shirt to class, opposed new dress code
• Refused to wear a tie and was reprimanded
• Sued bc he said they violated rights to privacy and expression
• Court ruled in favor of the board saying they can impose reasonable regulations governing appearance of teachers |
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Term
6. Adulterous teachers
Erb vs. Iowa Sate Board of Public Instruction |
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Definition
• A husband, Johnson, suspeted his wife and another teacher Erb were having affair
• Johnson hid in his wife’s trunk and discovered his wife and Erb engaging in sexual activity after work
• Johnson wanted Erb fired from his job because of this
• SB revocted his teaching liscense saying he was not morally fit to teach
• However, the personal moral views of board members NOT relevant.
• Thus, the board acted illegally in revoking his certificate |
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Term
Criminal activities
Gillett case |
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Definition
• Jessie Mae Gillett tenured teacher 7 years
• Teaching contract not renewed bc of pending charges of shoplifting
• Mrs. Gillett filed a request for due process hearing
• Other reasons were given for nonrenewal….inability to handle funds, excessive absences, improper use of sick leave, instability, loss of respect
• Board stuck with its previous decision to not renew contract
• DC ruled in favor of Gillett, reinstating with back pay |
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Term
8. Impropriety with Students
• BARCHESKI v. BOARD OF EDUCATION OF GRAND RAPIDS PUBLIC SCHOOLS |
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Definition
• Barcheski was a teacher invited female students to a party
• Students attended party and drank beer and smoled pot
• Barcheski took a student home (15 yrs) and had sex with her
• Teacher fired
• Court ruled discharge was reasonable |
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Term
9. Pregnant teachers
Eckmann case |
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Definition
• Jeanne Eckmann, public school teacher, former nun, raped resulted in pregnancy
• Fired because she would not terminate pregnanvy or give up cvhild for adoption because immoral to be single and with child
• Brought a civil actions suit for damages to Federal DC and was reinstated |
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Term
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Definition
| • IDEA passed to insure all children with disabilities are provided with a free and appropriate education that emphasizes special education and related services designed to meet their unique needs and to prepare them for employment and independent living. |
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Term
| What do you need to be eligible for IDEA? |
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Definition
• First, child’s disability must fit within one category of eligibility like mental retardation, hearing impairments, speech/language, visual, emotional disturbance, orthopedic, autism, brain injury, OHD and SLD.
• Second, child must need special education and related services because of disability. |
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Term
| What is free and appropriate education? |
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Definition
| • Free appropriate education (FAPE) includes special education and related services that are free without cost to parents or students, provided though an appropriate educational program that is under public supervision and direction, and in conformity with the child’s IEP. |
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Term
| • Board of Education of the Hendrick Hudson Central School District v. Rowley: |
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Definition
Kindergarten child was hearing impaired. He was given a special hearing aid which helped. The first two weeks of school they school hired a person to sign for him. Since the hearing aid was working, the school decided to not have the person sign for him anymore. Parents objected of this and the district agreed with the parents.
---Supreme Court felt that education the child was receiving with hearing aid was appropriate. |
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Term
| What are related services? |
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Definition
• May include transportation, speech, audio service, psychological physical/occupational therapy, recreation, social work services, counseling services, and others. (pg344)
• These services are available to assist a child with disabilities.
• There are some controversies over whether school districts should pay for particular health services as related services. |
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Term
| • Irving Independent School District v. Tatro: |
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Definition
• 8yr old with spina bifida
• Need catheter every 3-4hours to prevent kidney damage
• Court recognized this as a related service needed for child to benefit from special ed |
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Term
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Definition
| • Protects both handicapped children and adults from discrimination in institutions receiving federal funds. As recipients of federal funds, public schools must comply with the mandates of Section 504. May also apply to private schools |
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Term
| How do you qualify for 504 and what accomodations can be made? |
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Definition
• To qualify for 504, an individual must be a “handicapped person,” which is defined as: physical or mental impairment with substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment.
• Reasonable accommodations often include making facilities accessible and usable by handicapped persons and making reasonable modifications in academic requirements or working conditions. |
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Term
| Are institutions required to comply with 504? |
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Definition
• An institution is not required to provide a specific accommodation requested by an individual
• Institution is only required to provide a reasonable accommodation, and when more than one reasonable accommodation exists, the institution may choose which reasonable accommodation to provide. |
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Term
| • Thomas v. Atascadero Unified School District: |
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Definition
• 5 yr old boy with AIDS
• Not allowed to return to school bc he bit another child on pants leg
• Psychologist said aggressive
• District court ruled he was handicapped within 504 and was entitled to reg. eductauional environment and school district could not prove he was a threat to others |
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Term
| • Grube v. Bethlehem Area School District: |
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Definition
• HS with 1 kidney wants to play football
• Excluded from team bc team dr. said he couldn’t
• Court said it violated 504 bc they could not find eveidence for denying him participation as his own dr said he could play |
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Term
| • Chalk v. United States District Court: |
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Definition
• Chalk taught hearing impaired strudents for 6 yrs
• Was in hospital with pneumonia, had AIDS
• After 8 weeks could return to work but was placed on admin leave pending opinuion of Dir. Of Disease control
• Next year wanted to return to class, was offered admin. Position same salary and benefits
• Declined wanted to teach
• Filed a petition asking court to reinstate teaching position
• Court agreed that nothing in medical said he posed a threat of spreading disease to students and he was injured emotionally and psycholigally by not being able to teach |
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Term
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Definition
• Latin for this for that- “if you want an A than I want….”
• Example- If you want an A in Science you have to have sex with me ( the |
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Term
| 2. What is Hostile Work environment and give an example… |
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Definition
• touching, sexual proposals, frequent approaches that you are not comfortable with
• Example- One employee rubs another employees shoulders at work |
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Term
| 3. What is covered under Title IX of the Educational Amendments of 1972? |
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Definition
• Title IX of the Ed. Amendments of 1972 was enacted to stop sexual discrimination, enforced by US dept of Ed., violation may result in the loss of federal funds, US Supreme Court has held Title IX may also be enforced by lawsuit
What type of Ed. Agencies does it apply to? Public and private schools that receive federal funds, violations may apply to entire ed. system and may result in loss of federal funds to entire system
What is covered? Employee on employee, employee on student, student on student |
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Term
| 4. What is Deliberate Indifference? |
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Definition
| • Deliberate indifference under Title IX- things that have been reported to admin or school board and they do nothing about it, admin has knowledge of and refused to take action to end it |
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Term
| • Davis v. Monrow County Board of Education |
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Definition
• Parents of 5th grade girl filed suit against the school board
• Alleged deliberate indifference towards the sexual adnvamnces of another students towards their daughter thus creating a hostile and abusive school environment
• Supreme Court ruled in favor of Davis saying the school did exhibit deliberate indiiference under Title IX |
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Term
| 5. Gebser v. Laga Vista Ind. District |
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Definition
• HS student involved in a sexual relationship with a teacher
• The 2 were discovered by a police officer
• Teacher was arrested and then fired
• Student claimed sexual harassment under Title IX and sought damages
• Court ruled in favor of school district providing no damages to student because school district did not have knowledge and did not fail to try to stop it |
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Term
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Definition
• Principal Quick propostioned and made passes at Trautvetter
• Refused by ignoring or laughing them off
• Duidnt indicate to him that it was inappropriate
• They had sex but claimed bc she thought they had to
• Was investigated by SB was found consensual by both
• Offered to transfer but neither wanted to
• Court dismissed bc 2 consenting adults does not constitute sexual harassment |
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Term
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Definition
• Rodiquez Mexican American upset about poor educational facilties and programs provided in school district, said funding was unfair
• Wealthier districts received more $$ and vice versa bc relied on some local property taxes
• Supreme Court ruled education is not a ruight provided by Constitution and Texas’ system was comparable to other states therfor did not discrimninate |
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Term
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Definition
• 66 poor districts filed a lawsuit in Kentucky saying system used to fund school violated the sate constitution
• Kentucky Supreme Court was inadequate when compared to national standards and did not satisfy the constitutional requirement that the General Assembly provide an efficient system of common schools throughout the state.
• Court said the funding for education must be restructured to sufficiently provide an education to every child. |
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Term
| 3 Charlet v. Legislature of the State of Louisiana, 713 So.2d 1199 |
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Definition
• Parents and school districts filed complaints that state was not providing a minimum foundation of education to all children as stated in the constitution noting great deficiencies
• Court dismissed claim ruled that it just needs to provide funding but it doesn’t require that funding to be sufficient or adequate |
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Term
| 4. Livingston School Board v. La. State BOE |
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Definition
• La. System of financing was in question
• Claimed disparities among school districts, MFP should be distributed based on need
• Court ruled that it was necessary to fund schools based on local property taxes and not unconstitutional |
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Term
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Definition
• Ohio’s scholarship program provides vouchers for students to attend private or public schools of choice
• Aid is distributed according to financial need
• Most of the students were enrolled in religiously affiliated schools
• Group of Ohio taxpayers challenged program saying it violated Establishment Clause
• Supreme Court ruled it did not violate establishment clasue because the program was entirely neutral and aid only reached religious institutions by way of individual choice- passes the 5 part test |
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Term
| Private Choice Test developed by Courts, for a voucher to be constitutional it must meet following criteria |
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Definition
• Have a valid secular purpose
• Aid must go to parenst
• Wide range of beneficiaries
• Neutral in respect to religion
• Adequate non religious options |
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Term
| 6. Knowledge is Power Program |
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Definition
• Charter program started in 1994
• Serving poor black and Hispanics from porr neighborhoods
• Nationwide 47 schools in 15 states
• Students, parenst & teachers sign contracts
• Extended school days, Saturdays, extra month in summer, strict discipline
• Drastic impact on 5th grade reading, writing and math achievement
• Critics point to rigid discipline and practice of paying for progress |
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Term
| 1. Know the definition of a TORT. |
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Definition
| Civil action causing injury to someone – sometimes action can also be criminal – crimes normally do not involve money – TORTs always have a financial award. |
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Term
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Definition
actually physically doing something to someone. Assault and battery. Assault- fear of being attacked – more difficult to prove.
Battery – striking someone – unpermitted and unprivileged contact with another’s person. |
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Term
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Definition
| did you act as a reasonable and prudent person would have acted under the circumstances? Several elements must be present to have a valid cause of action for negligence: 1.) a legal duty, 2) a breach of duty, 3.) a causal connection often referred to as “proximate cause” between the conduct and the resultant injury, and 4) actual loss or damage. |
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Term
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Definition
| There is a duty of care to act as a reasonable person, under the circumstances, toward another person with whom a common-law or statutory relationship exists. Would a reasonable teacher under same circumstances behave same. |
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Term
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Definition
| the standard of care a teacher must exercise to avoid liability as defined as that of the reasonable and prudent person. The standard of care varies according to such factors as the age/mental state of student, circumstances, cause of injury, and actual injury or loss. |
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Term
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Definition
| a casual connection must exist between a teacher’s conduct and the resultant injury for an action in negligence to prevail. The teacher’s negligence must be a substantial cause of injury to a student. Liability may be mitigated if it can be shown that the cause of injury was the result of an intervening act or if responsibility can be legitimately shifted. |
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Term
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Definition
| Proof of damage. Damages may be apportioned if more than one person has been adjudged to have been negligent. |
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Term
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Definition
a. Assumption of risk – when the injured party knew of the possible danger and either by agreement or actions voluntarily accepted the possibility of harm. EX: baseball game on school ground and ball hits you – school defense is that you sat there.
b. Contributory negligence – can be demonstrated that the injured party significantly contributed to his or her own injury. Defense is not always successful for teachers, as courts generally consider children unable to act with the same standard of care as adults |
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