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Student Privacy - FERPA (FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT '74 AND CAL ED CODE |
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Definition
only person who can have access are people who have legitimate educational interest w/out prior written consent, INCLUDING parent to see and challenge; student if 16 yr old 11th grader, auditor, potential teacher, SARB, compulsory education law rep, foster home rep |
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Signature that gives out directory info... including demographics and stats. They must publish all directory info |
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3 types - mandatory records are 4 ever Interim - 2 year look back info for sped... keep for 3 years Other: when they leave, can be destroyed |
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freedom of expression does not stop at the front door. Only when students engage in conduct that materially and substantially interferes w/school procedures. |
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not lewd is a sexually explicit speech a violation of the 1st amendment. School had rule of "materially and substantially disruptive. Lower court: vague content of school regs and affirmed. supreme court reversed and said school was w/in their rights to say something lewd was overruled by the rights of others to hear such a speech. Teachers warned him adequately. |
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not on a high school newspaper to what extend can the school exercise editorial authority, not considered to be open forum. Court stated that school did not violate 1st amendment as long as regulation was legitimate educational concern. |
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Sherman v. Community School District 21 |
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Under god in the pledge IS it a violation of 1st amendment clause... does not apply to california "congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof" Is it coersion? Court decided satisfied lemon test. |
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Nudow - "under god" california |
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Supreme Court throws case out due to dad not having custody. Cal statute ed code... every pub school patriotic exercise daily |
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Do students have the right to due process when being suspended for 10 days or less? Protected taking of "property interest" is protected by due process, so there should be at least min procedure of due process. Some notice... some hearing. |
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Gonzales v. Mccuen - CA case |
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expulsion due process, errors in trial procedural and substative due process |
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When the actor is not the gov't where do we go... To the contract. |
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