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38 Cards in this Set
- Front
- Back
What is federal constitutional provisions affecting education? |
~Education not mentioned in US constitution. |
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What does article I section 8 support? |
~General Welfare Clauses authorizes states to tax for education. |
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What does the supreme court ruled? |
~That federal funding can be attached to specific conditions. |
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What additional regulations does the constitution mention regarding education? |
~Regulate commerce and contracts related to educational practices and school personnel. |
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First amendment: |
~Protection of basic personal freedoms. |
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What issues regards the first amendment in schools? |
~Issues of religion in schools and freedom of association. ~1. School practices objected to on the basis of promoting or inhibiting religion. ~2. Curriculum content. ~3. Public funds used to provide support to nonpublic school. |
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What issues regards the fourth amendment in schools? |
~No search w/o a warrant. ~Issue of student searches on campus. |
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What issues regards the eighth amendment in schools? |
~Protects against cruel and unusual punishment. ~Issue of corporal punishment. |
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What issues regards the ninth amendment in schools? |
~Additional fundamental rights. ~Issues of privacy outside the classroom and personal grooming. |
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What issues regards the tenth amendment in schools? |
~Power delegated to states. ~Constitution relinquishes education issues to state b/c not explicitly mentioned. ~Constitution and the laws enacted by congress are supreme laws. |
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What issues regards the fourteenth amendment in schools? |
~States cannot enforce a law that takes away rights or US citizens. ~Issue of due process. |
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What are the constitutional provisions affecting education? |
~Every state constitution includes provision for education. |
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How many states provide the establishment of public schools? |
~49 states. |
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How many schools established specific methods for financial support? |
~35 states. |
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How many states prohibit using public funds to support religious schools? |
~(48 states) All states except Maine and North Carolina. |
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What is statutory law? |
~The body of law consisting of the written enactments of a legislative body. |
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What is case or common law? |
~The body of law (or legal principles) created by the courts. |
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What is administrative law? |
~Rules and regulations issues by state and federal agencies carry the force of law. |
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What is the school board? |
~Acts through adopted policies and policies spell out how the school district operates. |
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What are three basic functions of the court? |
~Settling disputes between parties. ~Internet laws and policies. ~Determine the constitutionality of governmental actions. |
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What is the federal court system? |
~District courts, court of appeals, and the supreme court. |
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What is the district courts? |
~Starting point if you have an issue. ~100 in the US. ~At least one in every state- more in larger states. |
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What is the court of appeals? |
~13 in federal system. |
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What is the state court system? |
~Most education cases handled in state court. |
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What is the State supreme court? |
~Final authority on questions related to the state constitution, state law, or school district policies. |
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What is the student and teacher 1st amendment rights? |
~Religion |
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What is the lemon test? |
~Does the policy or action have a primarily religious purpose? ~Does the policy or action have the primary effect of advancing or inhibiting religion? ~Does the policy or action foster an excessive entanglement between the state and religion? |
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Is prayer and bible reading okay in public schools? |
~No, prayer is not supposed to be part of the daily exercise at school. |
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What was the ruling of the Engel v. Vitale (1962)? (Is Prayer and bible reading okay? |
~Ruled against the use of a nondenominational prayer as part of morning exercises. |
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What was the ruling of School District of Abington Township v. Schempp (1963)? (Is Prayer and bible reading okay?) |
~Court declared it unconstitutional PA and MD statutes that required daily bible reading and, in MD, recitation of the Lord’s prayer. |
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What was the ruling of Wallace v. Jaffree (1985)? (Is Prayer and bible reading okay?) |
~Struck down an Alabama statute that mandated a moment of silence for “meditation and voluntary prayer”. |
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What was the ruling of Lee v. Weisman (1992)? (Is Prayer and bible reading okay?) |
~School organized prayer, even if voluntary and nonsectarian, violated the establishment clause. |
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What was the ruling of Santa Fe Independent School District v. Doe (2000)? (Is Prayer and bible reading okay?) |
~Delivery of invocation over intercom at school football game by an elected student council chaplain violated the establishment clause. |
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What was the ruling og Ashegesic V. Bloomington Public Schools, (1994) and Ahlquist v. City of Cranston (2012)? (Is Prayer and bible reading okay?) |
~Ruled that prominently displaying religious figures violated the first amendment. |
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Is religious expression in schools okay? |
~Schools may not display religious figures. |
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What was the ruling of Stone v. Graham(1980)? (Is religious expression in schools okay?) |
~Court overturned Kentucky statute requiring the posting of 10 commandments in every classroom. |
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What was the ruling of Florey v. Sioux Falls School District 49-5 (1980)? (Is religious expression in schools okay?) |
~ Allowed use of religious symbols if used temporarily, unobjectionable, and as an example of the cultural and religious heritage of particular holiday. |
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What was the ruling of Doe v. Duncanville Independent School District (1995)? (Is religious expression in schools okay?) |
~To prohibit the singing of certain songs that might be religious in origin, but sung because of recognized musical value, would show hostility to religion. |