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civil rights law that prohibits discrimination on the basis of disability in programs and activities receiving federal funds. covers any person whose disability impairs them from any major life activity |
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civil rights law, applies to institutions receiving federal funds and not receiving federal funds |
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federal funding law that applies only to students, excess costs of special education and related services |
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Free and Appropriate Education- every child is entitled to one |
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Individualized Education Program |
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similarly situated people must be treated similarly |
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Prohibits employers with at least 15 employees from discriminating on the basis of race, sex, religion, or national origin on hiring, promotion and compensation practices |
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can include: residency, required coursework, criminal background check, citizenship, drug testing, dress code, teacher certification |
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Teacher's union and school board attempt to negotiate on matters affecting teacher employment |
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non-union member pays a service fee to cover the cost of bargaining activities; attempt to get rid of "free-riders" |
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neutral third party comes in and tries to come to an agreement with both sides |
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neutral third party comes in and tries to come to an agreement with both sides but open to the public |
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neutral third party comes in and tries to come to an agreement with both sides, open to the public and whatever the third party says goes |
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What contracts must contain |
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offer and acceptance, competent parties, consideration, legal subject matter, proper form |
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1. a constitutionally protected right is impaired (free speech) 2. teacher's reputation is significantly damaged 3. ability to gain other employment is impeded |
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1. tenure status 2. contractual agreement 3. school board action creating a valid expectation of reemployment |
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Due Process for dismissal |
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1. notice 2. opportunity for a hearing 3. hearing with an impartial tribunal |
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incompetence, insubordination, immorality, neglect of duty, unfitness to teach, improper conduct, other good and just cause |
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release of teachers for reasons related to declining enrollment, financial problems and school district consolidation, no hearing required for this |
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first question asked when talking about teacher speech |
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was it pursuant to official job duties? |
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Things that are protected liberties under 14th amendment |
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marriage, procreation, abortion, child rearing, private sexual conduct |
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What amendment does search and seizure have to do with? |
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What amendment does cruel and unusual punishment have to do with? |
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