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ELPS conejo 2013 SCHOOL LAW EXAM STUDY GUIDE
SCHOOL LAW EXAM STUDY GUIDE
141
Education
Graduate
03/03/2013
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Term
Supremacy Clause (Article VI, Section 2)
 Definition
Term
General Welfare Clause (Article 1, Section 8; Preamble to the U.S. Constitution)
 Definition
Term
Obligation of Contracts Clause (Article 1, Section 10)
 Definition
Term
First Amendment
 Definition
: provides freedoms of religion in the Establishment and Free
Term
Exercise clauses
 Definition
(separation of church and state) and freedom of speech rights.
Term
Fourth Amendment
 Definition
: protects against unreasonable search and seizure.
Term
Fifth Amendment
 Definition
: guarantees due process rights.
Term
Eighth Amendment
 Definition
: addresses cruel and unusual punishment.
Term
Tenth Amendment
 Definition
: grants States’ rights, state controls matters not addressed in US Constitution.
Term
Fourteenth Amendment:
 Definition
provides equal protection for all citizens and due process.
Term
Statute
 Definition
– law written by the legislative branch of government
Term
EQUAL ACCESS
 Definition
: Equal Access Act of 1984- PL 98-377, 20 U.S.C. 4071, - denial of Equal Access prohibited. It is unlawful for a public secondary school that receives federal funds and has created a limited open forum to deny recognition of student-initiated groups on the basis of religious, political, or philosophical content at on campus meetings.
Term
FERPA
 Definition
: Family Educational Rights and Privacy Act of 1974, PL 93-380, 20 U.S.C. 1232G - student privacy rights regarding school records. Pupils’ cumulative records are not public records. Only those persons with a legitimate educational interest may have access to the records without parental permission. Parents and guardians have a right to challenge incorrect records. Non custodial parents may see records but have no right to challenge records.
Term
No Child Left Behind Act of 2001
 Definition
: Elementary and Secondary Education Act, PL 107-110, 20 U.S.C. 6301 – purpose to ensure that all children have a fair, equal, and significant opportunity to obtain a high quality education and reach proficiency on state academic achievement standards.
Term
TITLE VII of the CIVIL RIGHTS ACT of 1964
 Definition
: PL 88-352, 42 U.S.C. 2000E - It is unlawful to discriminate in employment against any individual with respect to race, color, religion, sex, or national origin.
Term
TITLE IX of the EDUCATION AMENDMENTS:
 Definition
PL 92-318, 20 U.S.C. 1681 - School districts that are recipients of federal financial assistance may not discriminate against students in respect to gender.
Term
Case Law
 Definition
– refers to principles of law established by courts; based on legal precedents.
Term
The federal court system is comprised of three levels:
 Definition
district court (court of trial), court of appeals, and the highest court of the land, the U.S. Supreme Court.
Term
California is in the Circuit of the Federal Court System.
 Definition
California is in the 9th Circuit of the Federal Court System.
Term
writ of certiorari
 Definition
The Supreme Court grants a writ of certiorari when at least four justices have agreed to hear a case at the Supreme Court level. If a case is denied “cert” the decision of the lower court stands.
Term
California State Constitution
 Definition
California State Constitution provides students with the guarantee of a free public education.
Term
The legislature is endowed with plenary (full, entire) authority to
 Definition
create subordinate agencies essential to the effective supervision and management of public schools.
Term
The legislature may delegate the supervision and management of public schools to
 Definition
municipalities and counties instead of to separate school boards.
Term
The legislature maintains (within constitutional limits) the power to
 Definition
establish qualifications, number, composition, method of election, and removal of agencies designated to operate the school system.
Term
The legislature has authority to
 Definition
establish curriculum, what is taught in public schools
Term
The legislature has the power to
 Definition
establish public school system.
Term
Workers’ compensation.
 Definition
School employees are covered by Workers’ compensation.
Term
School property is considered to be
 Definition
state property.
Term
Regulations and laws governing public education are found in
 Definition
the California Education Code and California Administrative Code, Title V.
Term
The California Education Code
 Definition
– the collection of statutes that regulates the organization and administration of the California public school system.
Term
The RODDA Act of 1975,
 Definition
Gov. Code sections 3540 – 3549.3 – California legislation that authorizes teacher collective bargaining.
Term
PERB
 Definition
PERB, Public Employees’ Relations Board established by the RODDA Act. PERB conducts hearings relative to unfair labor practices.
Term
In California, any impasse in teacher collective bargaining negotiations requires
 Definition
mediation.
Term
School officials must report attacks or threats against school employees to .
 Definition
police
Term
Written opinions by the Attorney General are
 Definition
not binding.
Term
Case Law
 Definition
– refers to principles of law established by courts; based on legal precedents.
Term
The California state court system is comprised of:
 Definition
superior court (court of trial), court of appeals, and the highest court of appeals, the California Supreme Court
Term
• Title V is the administrative code (rules and regulations) established by the California Department of Education to
 Definition
interpret and implement the California Education Code
Term
California State Board of Education – established by the California Constitution. Educ. Code sections 33000-33080.
 Definition
The board must oversee the efficiency of the public school system.
Term
State Superintendent of Public Instruction – established by the California Constitution. Educ. Code sections 33100-33193
 Definition
list the powers and duties of the position.
Term
County Boards of Education
 Definition
– established by the state legislature.
Term
Governance hierarchy
 Definition
• California State Board of Education
• State Superintendent of Public Instruction
• County Boards of Education
• County Superintendents of Schools
• Local Boards of Education
• School District Superintendents
• Principals
Term
Compulsory attendance in California
 Definition
: Education Code section 48200 – all children between the ages of 6 and 18 must attend a public full time day school unless otherwise exempted.
Term
Private tutoring exemption
 Definition
– Educ. Code section 48224 – teacher must hold valid California teaching credential in the grades taught, 3 hours a day, 175 days a year.
Term
Private school exemption
 Definition
– Educ. Code section 48222 – children enrolled in a full time private school
Term
Pierce v. Society of Sisters, 268 U.S. 510,
 Definition
– affirmed the doctrine of private school compulsory attendance requirements.
Term
Plyler v. Doe, 457 U.S. 202
 Definition
- funding for children who are in the country illegally cannot be withheld from public, local schools
Term
Engle v. Vitale, 370 U.S. 421
 Definition
- recitation of a state written and sponsored prayer
Term
School District of Abington Township v. Schempp, and Murray v. Curlett, 374 U.S. 203
 Definition
- prayers and Bible reading in the classroom
Term
Lee v. Weisman, 505 U.S. 577
 Definition
– prayers mandated or organized by school officials at graduation exercises are unconstitutional.
Term
Lemon v. Kurtzman, 403 U.S. 602
 Definition
- Lemon test – a three-part Establishment Clause test. A governmental practice must (1) reflect a clearly secular purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) avoid excessive entanglement with religion.
Term
Edwards v. Aguillard, 482 U.S. 578
 Definition
– teaching of evolution versus creationism
Term
Good News Club v. Milford Central School, 533 U.S. 98
 Definition
– relying on the viewpoint discrimination test, the court allowed a religious club that engaged in religious activities to meet after school.
Term
Hartzell v. Connell, 35 Cal. 3d 899
 Definition
– the imposition of fees for educational activities offered by public high schools violates free school guarantee of the California Constitution.
Term
Berg v. Glen Cove, 853 F.Supp. 651
 Definition
– immunization upon entry to school
Term
School immunization in California
 Definition
- Health and Safety Code section 120335; waiver in Health and Safety Code section 120365.
Term
Tinker v. Des Moines, 393 U.S. 503
 Definition
– Students’ rights to freedom of speech and freedom of expression
Term
Bethel School District v. Fraser, 478 U.S. 675
 Definition
– upheld public schools’ authority to punish students and to prohibit students’ use of vulgar, obscene, lewd, and offensive speech in public discourse.
Term
Hazelwood School District v. Kuhlmeier, 484 U.S. 260
 Definition
– upheld authority of school officials to censor school newspaper written by students as a curricular activity.
Term
Sherman v. Community School District, 980 F.2d 437 –
 Definition
Pledge of Allegiance
Term
California patriotic exercises
 Definition
– Education Code section 52720
Term
Goss v. Lopez, 419 U.S. 565
 Definition
– upheld students’ rights to due process prior to exclusion from school in cases of suspension and expulsion in public schools. Due process rights require written notification of charges, right to a fair hearing, and appeal rights.
Term
Gonzalez v. McEuen, 435 F.Supp. 460
 Definition
– public school expulsion
Term
Allen v. Casper, 622 N.E.2d 367
 Definition
– contract law generally governs issue of student expulsion from a private school.
Term
California suspension and expulsion procedures,
 Definition
Education Code sections 48900-48900.7, 48910, 48911, 48915, 48918.
Term
Teachers can dismiss students from classroom for
 Definition
two consecutive days.
Term
Ingraham v. Wright, 430 U.S. 651
 Definition
– corporal punishment
Term
California corporal punishment
 Definition
– violation of California Education Code section 49000.
Term
New Jersey v. T.L.O., 469 U.S. 325
 Definition
– justifies student searches based on reasonable suspicion.
Term
Jeglin v. San Jacinto, 827 F.Supp. 1459
 Definition
- California Dress Code that prohibits student from wearing gang related clothing in public high schools.
Term
Palmer v. Merluzzi, 868 F.2d 90
 Definition
– due process for extracurricular activities
Term
Beeson v. Kiowa County, 567 P.2d 801
 Definition
– married students rights
Term
Teacher classification
 Definition
– certificated employees include credentialed persons such as teachers, counselors, school psychologists, and administrators. Classified employees provide support, such as janitorial services, cafeteria, etc.
Term
California - Teacher evaluation
 Definition
California - Teacher evaluation under the Stull Act - Educ. Code sections 44660-44664
Term
Certificated employees who are evaluated are entitled to receive a written copy of the evaluation
 Definition
at least 30 days prior to the last day of school scheduled on the calendar.
Term
Progressive discipline –
 Definition
oral warning, a written warning delivered to the employee, a letter of reprimand to be placed in the employee’s file, an unsatisfactory evaluation, suspension with pay, and dismissal.
Term
California – teachers are classified as probationary
 Definition
for the first two years of service with a school district.
Term
The school district must notify a probationary employee
 Definition
on or before March 15 of the employee’s second consecutive school year of employment of the decision not to reelect him or her for the next school year; otherwise the employee is automatically reelected.
Term
Probationary teachers are entitled to
 Definition
written notice of intent not to re- employ.
Term
Board of Regents v. Roth, 408 U.S. 564
 Definition
– no reason for nonrenewal required for non tenured teacher
Term
Tenure status is a
 Definition
statutory right to continued employment.
Term
Pickering v. Board of Education, 391 U.S. 563
 Definition
- established that public school teachers have the First Amendment right of freedom of expression.
Term
Teachers with tenure can be dismissed for
 Definition
cause.
Term
California Education Code sections 44943 and 44944 cite
 Definition
the grounds for teacher dismissal.
Term
California Education Code sections 44955 -44957 cite the
 Definition
dismissal procedures for permanent teachers.
Term
School principals earn tenure as
 Definition
teachers.
Term
Permanent teachers who are dismissed due to declining enrollment have
 Definition
39-month reemployment rights.
Term
Probationary teachers employed by a district for two consecutive years become permanent when
 Definition
re-elected for a third year of employment.
Term
A permanent classified employee may not be dismissed without
 Definition
notice and a hearing. A classified employee must receive written notice of a layoff forty-five days in advance of the layoff.
Term
Mt. Healthy District v. Doyle, 429 U.S. 274
 Definition
- upheld a nontenured teacher’s freedom of expression.
Term
Fowler v. Board of Education, 819 F.2d 657
 Definition
– academic freedom or abdication of teaching duty/
Term
Wilson v. Chancellor, 418 F.Supp.1358
 Definition
– academic freedom to bring in political speakers
Term
East Hartford v. East Hartford, 562 F.2d 838
 Definition
– 1st Amendment rights of teacher who didn’t want to wear a tie were not violated.
Term
Fuhr v. City of Hazel Park, 364 F.3d 753
 Definition
– teacher not chosen to coach boys team because of her gender – discrimination
Term
Eckmann v. Board of Education, 636 F.Supp.1214
 Definition
– pregnant teacher was dismissed because she decided not to get married – discrimination
Term
Lehnert v. Ferris Faculty, 500 U.S. 507
 Definition
– teacher bargaining – agency shop structure upheld, but dues of non members can not be used for political lobbying.
Term
Plessy v. Ferguson, 163 U.S. 537
 Definition
- established doctrine of “separate but equal.”
Term
De jure
 Definition
– legitimate state of affairs that has force of law behind it. By right.
Term
Brown v. Board of Education of Topeka, 347 U.S. 483
 Definition
- overturned Plessy v. Ferguson.
Term
Brown v. Board of Education of Topeka (Brown II), 349 U.S. 294
 Definition
– desegregation must end with all deliberate haste
Term
Brown decision formed basis for mainstreaming
 Definition
in Special Education.
Term
Sheff v. O’Neill, 733 A.2d 925
 Definition
– interdistrict integration, choice plans
Term
De facto
 Definition
– must be accepted, but does not have sanction of laws. In fact.
Term
Individuals with Disabilities Education Improvement Act (IDEIA) of 2004, 20 U.S.C. §1401,
 Definition
provides legal rights and procedural protection for children with disabilities.
Term
Child Find/Zero Reject
 Definition
– the LEA must locate all children with disabilities located within the district, including children in public schools, private schools, and homeless children. The LEA may not exclude children because of the severity of the disability.
Term
Non-discriminatory assessment
 Definition
– the assessment must be multi disciplinary and cannot discriminate. Children must be assessed in all areas of suspected disability.
Term
FAPE
 Definition
Free Appropriate Public Education
Term
IEP
 Definition
Individualized Educational Program
Term
Least Restrictive Environment
 Definition
– to the maximum extent appropriate, children with disabilities should be educated with children who do not have disabilities. The IEP may require other arrangements in order to provide a FAPE.
Term
Due Process
 Definition
– the LEA must notify parents of their procedural rights and safeguards.
Term
Students must not be expelled, suspended, or punished for manifestations of their
 Definition
disability. FAPE must be provided when a removal is necessary.
Term
Hudson v. Rowley, 458 U.S. 176
 Definition
– child performs better than average child in her class. Court rule that she is receiving adequate services.
Term
Section 504 of the Rehabilitation Act of 1973, PL 93-112, 29 U.S.C. 794
 Definition
- prohibits discrimination against students with disabilities in programs receiving federal funds. Requires reasonable accommodations.
Term
Thomas v. Atascadero, 662 F.Supp.376
 Definition
– exclusion of student based on HIV/AIDS violates Rehabilitation Act, Section 504.
Term
Grube v. Bethlehem, 550 F.Supp.418
 Definition
– student with one kidney is otherwise qualified to play football and cannot be discriminated against because of his disability.
Term
The Americans with Disabilities Act (ADA), 42 U.S.C. §12132,
 Definition
extends antidiscrimination protections in employment, public accommodations, transportation, and telecommunications.
Term
Serrano v. Priest, 487 P.2d 1241
 Definition
– California finance case. Education is a fundamental right. Established standard of fiscal neutrality. The quality of a child’s education could not be based on the wealth of a child’s local school district. Must be based on the wealth of the state as a whole.
Term
San Antonio v. Rodriguez, 411 U.S. 1
 Definition
– school finance case in Texas. Education is not among rights afforded explicit protection under the Federal Constitution.
Term
Rose v. Council, 790 S.W.2d 186
 Definition
– Kentucky finance case. Violation of Kentucky constitution.
Term
Zelman v. Simmons-Harris, 536 U.S. 639
 Definition
– US Supreme Court determined Cleveland voucher program met the criteria of the Lemon test and did not violate the Establishment Clause of the 1st Amendment.
Term
Williams v. State of California settlement
 Definition
– parents must be notified annually of right to hearing regarding lack of materials, state of campus, status of teaching credentials. Not necessary to provide more than one copy of textbooks to each student. No duty to provide textbooks to nonpublic schools.
Term
Tort
 Definition
– a private or civil wrong.
Term
Intentional torts
 Definition
– assault, battery, defamation
Term
Negligence
 Definition
– duty of care, standard of care, action by reasonable and prudent person, actual loss or injury, proximate cause, requires proof of damage.
Term
Proximate cause
 Definition
– the relation or nexus between defendant’s action and resulting injury.
Term
Teachers have liability protection within
 Definition
scope of duties performed.
Term
Court decides liability relative to adequate
 Definition
supervision.
Term
Assumption of risk
 Definition
– may be available as a defense when injured party knew of possible danger; either by agreement or actions voluntarily accepted the possibility of harm.
Term
Comparative negligence
 Definition
– the injury was partly the fault of several persons
Term
Contributory negligence
 Definition
– the injured party contributed to his/her injury
Term
Responsibility for supervision of students at off-campus activities
 Definition
same as on campus.
Term
Wood v. Strickland, 420 U.S. 308 -
 Definition
addresses the issue of school board member immunity from liability.
Term
Carey v. Piphus, 435 U.S. 247 –
 Definition
court will not award large punitive damages where little or no actual harm occurred. Only nominal damages will apply.
Term
Parents are liable for
 Definition
tortious conduct of their children.
Term
Peter W. v. San Francisco, 131 Cal.Rptr.854
 Definition
- educational malpractice case. Plaintiff’s position was not upheld. District issued diploma, yet student does not have basic academic skills.
Term
Gebser v. Lago Vista, 524 U.S. 274
 Definition
– teacher to student harassment – school district not liable when they had no knowledge of the harassment.
Term
Davis v. Monroe County, 526 U.S. 629
 Definition
– student to student harassment – school district was liable when they had actual knowledge of the harassment, the harassment was ongoing and caused harm, and the district acted with deliberate indifference.
Term
Requirements for reporting suspected child abuse are cited in the California Penal Code. Written reports must be submitted within
 Definition
36 hours.
Term
The Copyright Act of 1976
 Definition
established guidelines for the use of copyrighted material in a reasonable manner without the owner’s consent.
Term
Fair Use Guidelines:
 Definition
single copies may be made by or for a teacher for scholarly research or use to teach a class; multiple copies are restricted by brevity – not more than 10% of the work, spontaneity – not enough time to request permission to use the material, and cumulative effect – copied for one course and limited to one class term.
Term
Public domain
 Definition
– public ownership of writings, documents, or publications that are not protected by copyright or in which the copyright has expired.
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