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38 Cards in this Set

  • Front
  • Back

What is federal constitutional provisions affecting education?

~Education not mentioned in US constitution.

What does article I section 8 support?

~General Welfare Clauses authorizes states to tax for education.

What does the supreme court ruled?

~That federal funding can be attached to specific conditions.

What additional regulations does the constitution mention regarding education?

~Regulate commerce and contracts related to educational practices and school personnel.

First amendment:

~Protection of basic personal freedoms.

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.

What issues regards the fourth amendment in schools?

~No search w/o a warrant.


~Issue of student searches on campus.

What issues regards the eighth amendment in schools?

~Protects against cruel and unusual punishment.


~Issue of corporal punishment.

What issues regards the ninth amendment in schools?

~Additional fundamental rights.


~Issues of privacy outside the classroom and personal grooming.

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.

What issues regards the fourteenth amendment in schools?

~States cannot enforce a law that takes away rights or US citizens.


~Issue of due process.



What are the constitutional provisions affecting education?

~Every state constitution includes provision for education.



How many states provide the establishment of public schools?

~49 states.

How many schools established specific methods for financial support?

~35 states.

How many states prohibit using public funds to support religious schools?

~(48 states) All states except Maine and North Carolina.

What is statutory law?

~The body of law consisting of the written enactments of a legislative body.

What is case or common law?

~The body of law (or legal principles) created by the courts.

What is administrative law?

~Rules and regulations issues by state and federal agencies carry the force of law.

What is the school board?

~Acts through adopted policies and policies spell out how the school district operates.

What are three basic functions of the court?

~Settling disputes between parties.


~Internet laws and policies.


~Determine the constitutionality of governmental actions.

What is the federal court system?

~District courts, court of appeals, and the supreme court.

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.

What is the court of appeals?

~13 in federal system.

What is the state court system?

~Most education cases handled in state court.

What is the State supreme court?

~Final authority on questions related to the state constitution, state law, or school district policies.

What is the student and teacher 1st amendment rights?

~Religion

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?

Is prayer and bible reading okay in public schools?

~No, prayer is not supposed to be part of the daily exercise at school.

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.

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.

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”.

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.

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.

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.

Is religious expression in schools okay?

~Schools may not display religious figures.

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.

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.

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.