The U.S. Supreme Court upheld the dismissal of striking treachers employed in a state (Wisconsin) in which such strikes were prohibited.  Nevada also prohibits teacher strikes.

Protects employees against sexual harassment in the workplace

Unlawful employment practice to discriminate becasue of race, color, religion, sex, or national origin

TitleVII of the Civil Rights Act of 1954

 AND

 Title IX of the Education Amendments of 1972

Title IX, Education Amendments of 1972, Section 901 provides:

No person in the US be excluded from participation in or benefits of or discriminated under any ed program or activity receiving Federal Financial assistance on the basis of sex.

Title VII of Civil Rights Act of 1964 and

Title IX Education Amendments

ENFORCEMENT

Title VII - Enforced by the Equal Employment Opportunity Commission EEOC

Title IX enforced by US Department of Ed Office of Civil Rights OCR

quid pro quo

and

non quid pro quo

something for something

and

actions or verbal messages creating an offensive, hostile, or intimidating work environment

Involves tudent perpetrator and student victim (peer harassment) 1999.  USSC reversed lower courts, ruling that damages for peer harassment may be awareded under Title IX 1) school deliberately indifferent

2)the plaintiff must show that the harrassment is "so severe, pervasive, and objectively offensive, and it detracts from the educational experience, such that the victim is effectively denied equal access to education."

Concerns malpractice cases involving medical profession applied to allegations of school district personnel.  Galileo High School in San Francisco.    Peter W. was fired after graduation becasue he could not perform simple arithemetic.  Peter's lawyer maintained that eductors failed to act reasonably in administering to his education needs.

Claim Denied

Absence of workable rule

inherent uncertainly in cause and nature of damages

extreme burden on public school system resources

warn players about injury possibilities

supervise, supervise, supervise

proper instruction

proper conditioning

proper equiment and facilities

proper first aid.

records, training rules, safety letters, emergency procedures, follow doctor's orders, no injured players, equal competition, take care of injured player.

Matthew Fraswer's speech of sexaul innuendo to 400 students. 

The court reasoned that according to the FCC v Pacifica Foundation (Carlin) case, expression rising to the level of"obscene" would contain one or more of the "seven filthy words,".  Fraser's speech was indecent, but not FCC case worthy.

USSC rejected the ruling and reliance on specific language and 7 words.  USSC ruled tha free speech may be limited when speech is sexually explicit, the audience is children, or audience is captive.

USSC

School administrators have broad discretion to regulate the content of school sponsored publications, that students, parents, and public might reasonably perceive to bear the sanction or approval (imprimatour) of the school.

Board of Regents of State Colleges v. Roth

Perry V Sindermann

Teacherws enjoy a limited Frist Amendment right to express opinions criticizing the actions of the school administration when such expression is found to relate to matters of publicinterest or concern. 

Marvin Pickering published an article critical of the board and superintendent's handling of a school bond issue.

One cannot each morality without teaching womething out of that book.

Teh Bible is not sectarian, and is not inimical to the welfare of the child, but on the contrary contains lessons in good citizenship.

haha

1920s        The Oregon Socialization Law

Oregon bill was passed in 1926 mandating that all children between the ages of 8 and 18 in the state of Oregon attend public schools

Challenged by Society of Sisters of te Holy Names of Jesus and Mary challenged this.  USSC ruled that the state may reasonabley regulate schools and attendance, but the state may not deny the right to attend adequate private schools, nor force them to attend public schools.  Parental rights: states can not standardize children, chilren not creatures of the state; and Parents have more power than the tate.

Everson v. Board of Education 1947

Abington Township v. Schempp 1963

Lemon v. Kurtzman 1971

Building a Wall of SeparationEverson was a case about spending publicmonies to pay bus for parochial schools.

Justice Hugo Black

"Requries the state to be neutral in its relations with groups of religious believers and non -believers, it does not require the state to be their adversary.  State power is no more to be used so as to handicap religions, than it is to favor them.

The First Amendment has erected a wall between chruch and state.  That wall must be kept high and impregnable. We could not approve the slightests breach."

The Bible may not be taught devotionallly

may be used as a historical context

may be used as literature

The Constitution decrees that religion must be aprivatematter.

Outlawed government involvement in activities which

did not have a secular pupose

advanced or inhibited religion

fostered an excessive government entanglement with religion

Public Funds for Religiously oriented Teen sexuality program.

USSC allowed this because it did not specify a certain religion.

It's a ok to show religious films at public buildings after school hours.

Nevada AG responded

Nevada Constitution does not prohibit use of school facilities by sectarian groups for occasional worship services outside of normal school hours if board to trustees of school district has created limited public forum and cost associated with use is reimbursed to school district.  However, board of trustees is not required to create limited public forum or permit sectarian activity.

Title I Services at Private or Private Religious School Sites

USSC overturned their own 1985 ruling.  In 1985 Aguilar v Felton barred NYC Bof Ed from sending public school teachers to parochial school sites to provide the reuired remedial education services. Services had to be on neutral sites.

In 1997  the USSC becasue of Zobriest (hearing impaired kid) overturned its own 1985 ruling, provding Title I services at parochial school sites and said they did not violate the Establishement Clasue.  Services from public school teachers did NOT have to be given on neutral sites.  Saved money.

Official Recognition for Bible Clubs?

Bible Clubs were ruled by the USSC to be on par with chess clubs and other non school/academic activites. as long as meetings are held during noninstruction time. 

Students have the right to organize their own groups in public schools, whether they are religious, political, or philosophical.

Mills v Board of Education of the District of Columbia

P.A.R.C. v. Common wealth of Pennsylvania of early 1970s

successfully challenged segregated, inconsistent, or nonexistent programs for educating children with disabilities. 

Interpreting Appropriate Education

provide a floor of opportunity not guarantee a particular level of service or guarantee to maximize the potential of each child.

Least Restrictive Environtment

Sacramento City USD v Rachel H 1994

Clyde K and Sheila K v Puyllap Sch. Dist 1994

Poolaw v Bishop 1995

Seattle Schoool Dist no. 1 v B.S. 1996

2004 the Individuals with Disabilities ed Act amended and is called Individuals with Disabilities ed Improvement Act. 

Compaint notification

Resolution sesion

Mediation

Due process hearing

ADA includes students with drug addictions or alcoholism that are not eligible ofr IDEA

ADD or ADHD may be covered under 502 of Vocaitonal Rehabilitation Act

More inclusive

No discrimination allowed

No serious risk

notification required