D017 School Law Exam With Verified Answers
Graded A+
Common School Movement (1820-1865)
A historical attempt in the1800s to make education available to all children in the U.S.
Horace Mann
Secretary of the Massachusetts Board of Education; "Father of the public school system"; a prominent
proponent of public school reform, & set the standard for public schools throughout the nation;
lengthened academic year; pro training & higher salaries to teachers
common school
a social reform effort, started by Horace Mann in the mid-1800s, that promoted the idea of having all
children educated in a common place regardless of social class or background
Compulsory Attendance Act
1852-1st law requiring students to participate in school, mandatory 8-14 years old
Plessy v. Ferguson
"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws
Tinker v. Des Moines (1969)
Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war.
Ruled that this suspension was unconstitutional, and that public school students do not "shed their
constitutional rights at the schoolhouse door."
Brown v. Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are
inherently unequal and ordered all public schools desegregated.
New Jersey vs. TLO (1985)
The court created a "reasonable suspicion" rule for school searches over the "probable cause"
requirement in wider society
First Amendment
The constitutional amendment that establishes the four great liberties: freedom of the press, of
speech, of religion, and of assembly.
Sunshine Laws / Act
Enacted September 13, 1976, affects the operations of the federal government, Congress, federal
commissions, and other legally constituted federal bodies. It is one of a number of Freedom of
Information Acts, intended to create greater transparency in government.
State Open Meeting Laws
On any level, generally requires that the government hold meetings, deliberate, and make decisions in
the open.
,Case Law/Common Law
The collection of legal interpretations made by judges. They are considered to be law unless
otherwise revoked by statutory law.
school attendance zones
school board practice that is often used as a means of ensuring or ignoring the ruling that "separate
but equal" is unconstitutional.
State Statutes
State legislatures enact state statutes
Tort Law
law that defines and enforces duties and rights among private individuals that are not based on
contractual agreements
Subgroup data analysis of testing results
a testing practice that was influenced by Brown v. BOE
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
*this legal directive was violated when SWD were placed in separate schools.
circumventing integration
the motivation for communities seceding from school districts.
Lemon Test
The three-part test for Establishment Clause cases that a law must pass before it is declared
constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must
not cause excessive entanglement with religion.
*Determines the violation of the 1st amendment.
Child Benefit Theory
Addresses use of public funds for secular
services:
Transportation
Textbooks
Testing, diagnostic, therapeutic, and remedial
Services must benefit student, not school or
religion
NCLB allows for funding for private school
students
Also upheld limited use of Title I funds at
private schools
Equal Access Act
act that stated that student religious groups have the same right as other student groups to use public
school buildings for meetings, led and created by students
, Establishment Clause
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of
religion."
Lau v. Nichols (1974)
the failure of San Francisco schools to provide English-language instruction to approximately 1,800
students of Chinese ancestry who do not speak English, or to provide them with other adequate
instructional procedures, denies them a meaningful opportunity to participate in the public education
program, and thus violates the Civil Rights Act of 1964 and the 14th A.
Castaneda v. Pickard
1981 - set the standard for the courts in examining programs for LEP students -- accountability for ESL
programs
1. pedgaogically sound plan for LEP students
2. qualified staff to implement plan
3. system established to evaluate the program
** doesn't require bilingual education
Lemon vs. Kurtzman (1971)
Supreme Court decision that upheld aid to church related schools must 1) have a secular legislative
purpose; 2) have a primary effect that neither advances nor inhibits religion; 3) not foster excessive
government entanglement with religion
Tinker Test
3 prong test that allows government to set reasonable rules to regulate protest speech
Hazelwood School District vs. Kuhlmeier
School publications can be censored
Canady v. Bossier Parish School Board
the Fifth Circuit Court of Appeals ruled that a public school district did not infringe upon students'
First Amendment rights when it required students to wear uniforms.
The decision affirmed a district court judge's ruling that a uniform policy implemented by a northwest
Louisiana school board represented a constitutional means of trying to improve the quality of
education.
Rights that were violated in the TLO vs. New Jersey case
Unreasonable search and seizure
4th Amendment
Protection against Unreasonable Search and Seizure
Procedural Due Process
Constitutional requirement that governments proceed by proper methods; limits how government
may exercise power.
Graded A+
Common School Movement (1820-1865)
A historical attempt in the1800s to make education available to all children in the U.S.
Horace Mann
Secretary of the Massachusetts Board of Education; "Father of the public school system"; a prominent
proponent of public school reform, & set the standard for public schools throughout the nation;
lengthened academic year; pro training & higher salaries to teachers
common school
a social reform effort, started by Horace Mann in the mid-1800s, that promoted the idea of having all
children educated in a common place regardless of social class or background
Compulsory Attendance Act
1852-1st law requiring students to participate in school, mandatory 8-14 years old
Plessy v. Ferguson
"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws
Tinker v. Des Moines (1969)
Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war.
Ruled that this suspension was unconstitutional, and that public school students do not "shed their
constitutional rights at the schoolhouse door."
Brown v. Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are
inherently unequal and ordered all public schools desegregated.
New Jersey vs. TLO (1985)
The court created a "reasonable suspicion" rule for school searches over the "probable cause"
requirement in wider society
First Amendment
The constitutional amendment that establishes the four great liberties: freedom of the press, of
speech, of religion, and of assembly.
Sunshine Laws / Act
Enacted September 13, 1976, affects the operations of the federal government, Congress, federal
commissions, and other legally constituted federal bodies. It is one of a number of Freedom of
Information Acts, intended to create greater transparency in government.
State Open Meeting Laws
On any level, generally requires that the government hold meetings, deliberate, and make decisions in
the open.
,Case Law/Common Law
The collection of legal interpretations made by judges. They are considered to be law unless
otherwise revoked by statutory law.
school attendance zones
school board practice that is often used as a means of ensuring or ignoring the ruling that "separate
but equal" is unconstitutional.
State Statutes
State legislatures enact state statutes
Tort Law
law that defines and enforces duties and rights among private individuals that are not based on
contractual agreements
Subgroup data analysis of testing results
a testing practice that was influenced by Brown v. BOE
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
*this legal directive was violated when SWD were placed in separate schools.
circumventing integration
the motivation for communities seceding from school districts.
Lemon Test
The three-part test for Establishment Clause cases that a law must pass before it is declared
constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must
not cause excessive entanglement with religion.
*Determines the violation of the 1st amendment.
Child Benefit Theory
Addresses use of public funds for secular
services:
Transportation
Textbooks
Testing, diagnostic, therapeutic, and remedial
Services must benefit student, not school or
religion
NCLB allows for funding for private school
students
Also upheld limited use of Title I funds at
private schools
Equal Access Act
act that stated that student religious groups have the same right as other student groups to use public
school buildings for meetings, led and created by students
, Establishment Clause
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of
religion."
Lau v. Nichols (1974)
the failure of San Francisco schools to provide English-language instruction to approximately 1,800
students of Chinese ancestry who do not speak English, or to provide them with other adequate
instructional procedures, denies them a meaningful opportunity to participate in the public education
program, and thus violates the Civil Rights Act of 1964 and the 14th A.
Castaneda v. Pickard
1981 - set the standard for the courts in examining programs for LEP students -- accountability for ESL
programs
1. pedgaogically sound plan for LEP students
2. qualified staff to implement plan
3. system established to evaluate the program
** doesn't require bilingual education
Lemon vs. Kurtzman (1971)
Supreme Court decision that upheld aid to church related schools must 1) have a secular legislative
purpose; 2) have a primary effect that neither advances nor inhibits religion; 3) not foster excessive
government entanglement with religion
Tinker Test
3 prong test that allows government to set reasonable rules to regulate protest speech
Hazelwood School District vs. Kuhlmeier
School publications can be censored
Canady v. Bossier Parish School Board
the Fifth Circuit Court of Appeals ruled that a public school district did not infringe upon students'
First Amendment rights when it required students to wear uniforms.
The decision affirmed a district court judge's ruling that a uniform policy implemented by a northwest
Louisiana school board represented a constitutional means of trying to improve the quality of
education.
Rights that were violated in the TLO vs. New Jersey case
Unreasonable search and seizure
4th Amendment
Protection against Unreasonable Search and Seizure
Procedural Due Process
Constitutional requirement that governments proceed by proper methods; limits how government
may exercise power.
