Term
Board of Regents of State Colleges v. Roth
&
Perry v. Sindermann
|
|
Definition
| Determined that postprobationary or tenured teachers are entitled to due process of law under the 14 Amendment prior to termination. |
|
|
Term
Pickering v. Board of Education (1968) |
|
Definition
| Teachers enjoy a minimally limited 1st Amendment right to express opinions. Restriction limited only to criticizing actions of school admin when found to be detrimental to school operations. |
|
|
Term
Hanes v. Board of Ed of the
City of Bridgeport |
|
Definition
"Good and Just Causes"
Can reduce number of teachers and admin if there are financial and/or enrollment shortfalls.
|
|
|
Term
Hortonville Joint SD No. 1 v.
Hortonville Ed Association et al. |
|
Definition
Upheld dismissal of striking teachers.
NV, as a "right-to-work" state prohibits strikes; therefore all teacher strkes are unlawful. |
|
|
Term
Mentor Savings Bank, FSB v. Vinson (1986) |
|
Definition
"abusive and hostile work environment"
One in which the victim's subjective perception is abusive.
|
|
|
Term
|
Definition
racial harassment and gender barriers
|
|
|
Term
Franklin v. Gwinett County Public Schools
(1992) |
|
Definition
| Recovery of monetary damages was available under Title IX for sexual harassment of a student by a school teacher when school officials intentionally took no action to halt it. |
|
|
Term
Harris v. Forklift Systems (1993) |
|
Definition
| An abusive work environment no longer requires evidence of serious psychological damage, but can be determined by looking at all circumstances (no single factor required). |
|
|
Term
Gebser v. Lago Vista ISD (1998) |
|
Definition
| Sexual harassment of student by teacher took place off campus. District won because they had no knowledge of incident, and therefore were not deliberatley indifferent. |
|
|
Term
Davis v. Monroe County Board of Ed.(1999) |
|
Definition
Sexual harassment case involving a male student's persistent sexual advances to 5th grader, LaShonda.
Ruled in favor of school, as they had not been notified; therefore not "deliberately indifferent." |
|
|
Term
Molitor v. Kaneland (1959) |
|
Definition
District immunity from lawsuits has no rightful place in modern day society. |
|
|
Term
Wagenblast v. Odessa SD (1988) |
|
Definition
Releases required to be signed by parents
- Parents can't waive student rights to reasonable care.
- SDs enjoy unfair bargaining position
- As a contractual agreement, such waivers are null and void
- Waivers are not viable as proof of assumption of risk unless all conceivable potential injuries are listed
|
|
|
Term
Peter W. v. San Francisco USD (1976) |
|
Definition
"Malpractice" case saying that Peter couldn't perform simple task of adding tax to price of shoes at his job (inability to read and write).
Ruled in favor of SD because of host of other outside factors beyond their control. |
|
|
Term
Tinker v. Des Moines School Board
(1969) |
|
Definition
Students wore black arm bands in protest of Vietnam War.
Ruled in favor of students (freedom of expression) |
|
|
Term
Bethel v. Fraser
&
Hazelwood SD v. Kuhlmeier
(2 cases) |
|
Definition
| Two cases that have reinforced rights of school admin to provide a positive school environment. Inappropriate individual expression that negatively influences others will NOT be constitutionally protected. |
|
|
Term
|
Definition
| Matthew Frasier gave a speech nominating a friend for student office that consisted solely of sexual innuendos and delivered it to a captive audience of 600 students who were 14 years old (ruled in favor of school). |
|
|
Term
Hazelwood v. Kuhlmeier (1988) |
|
Definition
| Long term sub approved articles for school newspaper. Principal deleted stories. Stories were about pregnant student and father's conduct during divorce. Students sued for freedom of speech rights and lost. |
|
|
Term
|
Definition
In regards to suspension, students must receive due process.
in-school suspensions - no hearing req.
1-3 days - informal hearing required
long term suspensions - more than 10 days - formal due process |
|
|
Term
|
Definition
| Court determined that 4th Amen. did not apply to schools & in order to search, reasonableness must prevail. 2 requirements: 1)justified by reasonable suspicion; 2) not excessively intrusive |
|
|
Term
Safford USD #1 et al. Petitioners v.
April Redding |
|
Definition
| Ruled against SD, finding they had violated 14-year old Reddings 4th Amendment right when a search for pills was conducted based solely on unsubstantiated accusation of another student |
|
|
Term
Bd. of Educ. v. Earls (2002) |
|
Definition
| School districts were no longer required to demonstrate drug abuse prior to testing. Expanded testing scope to athletics, academics, music, cheerleading, etc. |
|
|
Term
Vernonia SD 47J v. Acton (1995) |
|
Definition
| Students wishing to compete in interscholastic athletics must agree to random urine testing for presence of illegal drugs. |
|
|
Term
West Virginia Board of Ed v. Barnette
&
Goetz v. Ansell (1973) |
|
Definition
| Students may not be coerced to participate or punished in any way for not participating in the flag salute/Pledge of Allegiance. |
|
|
Term
Ingraham v. Wright (1977) |
|
Definition
Ruled that corporal punishment in public schools was not "cruel & unusual punishment."
1993 -NV ended corporal punishment in schools. Teacher & admin may defend themselves against student, though. |
|
|
Term
Owasso ISD v. Falvo (2002) |
|
Definition
The grading of student work by other classsmates does NOT violate FERPA. |
|
|
Term
Church of Holy Trinity v. U.S. (1892) |
|
Definition
| Religion, morality, and knowledge being necessary to good government & the happiness of mankind, schools, & means of education shall be forever encouraged. |
|
|
Term
|
Definition
One cannot teach morality without teaching something from the Bible - contains lessons in good citizenship. |
|
|
Term
Everson v. Board of Ed. (1947) |
|
Definition
"wall of separation"
The 1st Amendment has erected a wall between church & state - high & impregnable. Can't approve slightest breach. |
|
|
Term
Abington Township v. Schempp (1963) |
|
Definition
Determined that the Bible:
- may not be taught devotionally
- may be used in historical context
- may be used as literature
|
|
|
Term
|
Definition
3-pronged test which outlawed governmental involvement in activities which:
1. did not have a secular purpose
2. advanced or inhibited religion
3. fostered an excessive government entaglement with religion |
|
|
Term
|
Definition
Congress passed the
AFLA (Adolescent Family Life Act)
Provedied grants for services & research in the areas of premarital adolescent sexual relations & pregnancy. |
|
|
Term
|
Definition
| Parents of middle school child complained that school's role in choosing a member of the clergy for graduation ceremonies violated Establishment Clause of 1st Amendment. (Ruling against school) |
|
|
Term
Lamb's Chapel v.
Center Moriches Union Free SD (1993) |
|
Definition
Lamb's Chapel planned to present family values video series & requested use of local school facilities. District refused request, and Lamb's Chapel sued.
Lamb's Chapel won because they may do so outside of school hours. |
|
|
Term
Zobrest v.
Catalina Foothills SD (1993) |
|
Definition
| Parents of hearing impaired student requested that local public SD continue to provide sign language interpreter free of charge even though they transferred to private school. Supreme Court ruled in favor of parents. |
|
|
Term
Agostini v. Felton (1997) |
|
Definition
| Ruled that providing Title I services at parochial schools did not violate the Establishment Clause. |
|
|
Term
Edwards v. Aguillard (1987) |
|
Definition
| "Balanced treatment act" which mandated equal teaching time for creation science & evolution. Supreme Court ruled that Act failed to have a clear secular purpose. Teachers already possess flexibility to supplement curriculum with other theories. |
|
|
Term
Bd. of Ed. of the Westside Comm. Schools v. Mergens (1990) |
|
Definition
| Students sought permission for Bible club. School district denied request. Students sued & won stating that it violated their Equal Access Act (EAA). Must be student led with no staff participation, though. |
|
|
Term
Brown v. Woodland Joint ISD (1994) |
|
Definition
Parents brought suit claiming that Impressions series advanced the religion of Wicca (witchcraft).
Ruled in favor of school. |
|
|
Term
Florey v. Sioux Falls SD (1980) |
|
Definition
| The inclusion of sacred or religious music in public school holiday programs is permitted as long as it doesn't dominate program. "Silent Night" does not advance religion. |
|
|
Term
Bauchman v. West High School (1997) |
|
Definition
| Court ruled that religious music in public school choirs may have a "secular purpose" because a significant % of serious choral music is based on religious themes or text. Can also perform in churches if acoustics are better than school's. |
|
|
Term
Brown v. Board of Ed (1955) |
|
Definition
Ended segregation of children with disabilities. |
|
|
Term
Mills v. Board of Ed of District of Columbia &
Penn. Ass. for Retarded Children v.
Commonwealth of Pennsylvania |
|
Definition
Early landmark cases for special ed.
Demanded free appropriated education, with IEP & due process procedures. |
|
|
Term
Bd. of Ed. of Hendrick Hudson Central SD v. Rowley (1982) |
|
Definition
| Court ruled that term "free & public ed" does not require that children reach their full potential. Intent is to provide a "floor of opportunity," but not to guarantee particular level of service. |
|
|
Term
Forest Grove SD v. T.A. (2009) |
|
Definition
| Child unilaterally enrolled in private school was reinbursed for tuitition & expenses. Based on SD's inability to provide services. |
|
|
Term
Daniel R.R. v. State Board of Ed (1989) |
|
Definition
Students with disabilities must be eduated in LRE (Least Restrictive Environment).
Benefits: social interaction with nondisabled peers |
|
|
Term
Sacramento City USD v. Rachel H. (1994) |
|
Definition
| Court applied 4-part Holland test. Ruled in favor of Rachel, a 2nd grade moderately disabled student. Said she would benefit from regular classroom mainstreaming. |
|
|
Term
Clyde K & Shelia K v. Puyallup SD (1994) |
|
Definition
| Applied 4-part Holland test for Ryan - a 15 year old with AD/HD & Tourettes & disruptive behavior including profanity & sexually explicit comments to students. Placed in STARS (Students Temporarily Away From Regular School). |
|
|
Term
School Board of Nassau County v. Arline (1987) |
|
Definition
Students with Auto-immune Deficiency Syndrome (AIDS) may be placed in regular classroom. |
|
|
Term
Southestern Community College v. Davis (1979) |
|
Definition
| Supreme Court held that college did not discriminate against student with a serious hearing impairment when it denied her admission to its nursing program. |
|
|
