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82 Cards in this Set
- Front
- Back
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Who is the plaintiff?
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person who sue
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Who are the litigants?
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the parties in a lawsuit
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What are the three types of fedearl court?
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district courts, circuit courts of appeal, and the Supreme Court
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Which court is the lowest level that holds trials?
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district court
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which court is divided into 12 regions called circuits and handles appeals from the district courts?
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circuit courts of appeal
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Which court is the highest level and has 9 judges?
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Supreme Court
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What does the First Amendment entail?
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concerns freedom of religion, speech, press, and assembly and the right to "petition the government for redress of grievances"
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What does the establishment cause mean?
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prohibits the establishment of a government-sanctioned religion
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What does the free exercise clause do?
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protects rights of free speech and expression
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What is the 14th amendment about?
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"no state shall deprive any person of life, liberty, or property with due process of law; nor deny to any person within its jurisdiction the equal protection of law"
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what term defines when a contract is broken when one side fails to perform as agreed?
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Breach of contract
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What does tenure mean?
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provides job security for teachers by preventing their dismissal without cause
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What is a continuing contract?
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reemployement for the next year is guaranteed unless school officials give notice by a specific date that the contract will not be renewed
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What is the probationary period?
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consists of three years of consecutive, satisfactory service
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What is due process?
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refers to use of legal rules and principles established to protect the rights of the accused.
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What was contested in Pickering v. Board od Education?
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Teachers may speak their opinion as long as school's regular operation is not disrupted
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Which court case established leave policies for pregnant teachers, but don't contain arbitrary leave and return dates?
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Cleveland Board of Education v. LeFleur
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What happened in the Washington V. Davis case?
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underrepresentation of a group in the work force does not, in itself prove unconstitutional employment discrimination, but the employer in the situation must prove that hiring has not been discriminatory
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What was made clear in the School Board of Nassau County v. Arline?
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Dismissing of a teacher because of a physical impairment is unconstitutional
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What does Academic freedom refer to?
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refers to the teacher's freedom to choose subject matter and instructional materials relevant to the course without interference from administrators or outsiders
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What are torts?
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Civil wrongs, individuals who have suffered through the improper conduct of others may sue for damages
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What is fair use?
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legal principle that allows use of copyrighted materials without permission from the author under specific, limited conditions
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What set off the Tinker v. Des Moines case?
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when a group of students wore arm bands in protest of the Vietnam war and were suspended from school
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What does the Tinker v. Des Moines case state?
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Students are free to express their view except when such conduct disrupts class work, causes disorder, or invades the rights of others
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What does the Goss v. Lopez case state?
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suspension from school requires som form of due process
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What happened in Wood v. Strickland?
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Class event where someone spiked the punch and the students were automatically expelled. A school boards ingorance of the law regarding due process is no excuse for not following it
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What does Ingraham v. Wright establish?
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Corporal punishment is not cruel or unusual punishment and is permitted where allowed by state law
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What case states that for searches to be constitutional they must meet a two-pronged test?
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New Jersey v. T.L.O.
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What happened in the Bethel School District No.403 v. Fraser?
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schools need not permit offensive or disruptive speeches
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Which court case stated that disabled students who are disruptive must be retained in their current placement until official hearings are completed?
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Honig v. Doe
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What did the Gun-Free Schools Act of 1994 prohibit?
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Districts from receiving federal grants to improve performance among disabled students unless their state governments have issued a "zero tolerance" of guns and other potentially dangerous weapons
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What does the 4th Amendment say?
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"the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shouldn't be violated and warrants can only be issued upon probable cause
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What does the Buckley Amendment do?
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requires public school districts to develop policies allowing parents access to their children's official school records
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Which case prohibited prayers and pledges in schools?
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Engle v. Vitale
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Which case prohibts the government from advancing religion?
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Lemon v. Kurtzman
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What are the criteria for the 2 pronged test?
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"reasonable cause" by school officials and "probable cause" by police
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What was pierce v. Society of Sisters?
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private or parochial schools must meet attendance requirements
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What are the characteristics of the morally mature person?
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integrates individual interest and social responsibility, cares about welfare of others, respects human dignity, seeks peaceful resolution of conflicts, demonstrates integrity, reflects on moral choices
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"10" core Values Defined
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1. compassion 2. Courage 3. Courtesy 4. Fairness 5. Honesty 6. Kindness 7. Loyalty 8. Perseverance 9. Respect 10. Responsibility
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What happened in Brown v. Board of Education of Topeka?
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Schools needed to integrate because African American population was not being educated
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What did the National Defense Education Act propose?
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more funds in the math and science department
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What did the Civil Rights Act of 1964 say?
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If schools didn't integrate then there would be no federal funds
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What was incorporated in Title IX of 1972 Education Amendments to the Civil Rights Act?
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equal opportunity for girls in sports and the opportunity to go to universities
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Education for all Handicapped Children Act?
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gave handicapped children right to go to school
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What did IDEA of 1997 do?
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reauhtorization for education of all handicapped children
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What is the Child Benefit Theory?
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aid that benefits the child directly is permissible, whereas aid that primarily benefits the nonpublic institution is not
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What are the 4 legal duties of a teacher?
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proper instruction, adequate supervision, keep students under control, and keep all equipment in good working condition
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what are the characteristics for proper instruction?
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teach what you are supposed to teach, stick to the curriculum and teach for health, safety and well-being
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what does adequate supervision consist of?
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be there and be conscious of what is going on in the classroom and make sure you have a plan if you leaveq
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What should you do in keeping students under control?
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have rules, roles and expectations, be consistent and fair and take action to be in charge
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What are the characteristics of keeping all equipment in good working condition?
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legal responsibilities, always notify and keep a copy of requests
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Define "in loco parentis".
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School authorities assumed the power of the child's parents during the hours the child was under school's control and supervision
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What does the 10th Amendment's "reserved powers clause" do for the states?
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Reserves to the states all powers not granted to the federal government or prohibited to the states
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What does the "establishment cause" in the 1st Amendment do?
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prohibits for the establishment of a nationally sanctioned religion
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"Free exercise clause" in the First Amendment does what?
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protects rights involving freedom of speech and expression
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Does a state have the right to administer a competency test for certification with no explanation or accountability to prospective candidates?
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no
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Which laws do employment decisions have to comply with?
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has to comply with laws prohibiting discrimination with respect to sex, race, religion, or national origin, age, weight
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How is tenure granted to public school teachers?
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By local school districts under terms established by state legislatures
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Do teachers have to sign a contract once tenure has been granted?
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No
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What must be provided before firing a teacher?
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documentation of prior efforts to assist that person in improving
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What techniques are used to encourage incompetent teachers out of the profession?
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counsel, suggesting and financing early retirement, and allowance for teachers to resign
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Can teachers form and belong to unions and other professional organizations?
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yes
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Do parental consent forms release teachers and the school of legal obligations?
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no
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Do teachers have legal right to strike in most states?
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no
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How long do teachers have to hold on to videotapes made by teachers of television broadcasts before destroying them?
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45 days
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What is sexism?
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discrimination based on belief that one's sex is superior
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What does sex role socialization convey?
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expectations about ways boys and girls "should" behave
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What is sex role stereotyping?
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belief that certain behaviors are "feminine" and others "masculine"
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What percentage of the population in US is accounted to legal immigration growth?
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50%
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What are the three definitions for culture?
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1. way of life 2. beliefs, attitudes, habits, values and practices 3. program for survival and adaptation to environment
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Define ethnic group.
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Individuals within larger culture who share self-define racial or cultural identity ( values, behavioral styles)
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What is ethnicity?
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term used to impart a sense of peoplehood
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Define cultural identity.
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overall sense of who one is. (age, racial identity, language, occupations, income level)
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What is race?
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distinguished on biological traits and characteristics
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Define multiculturalism.
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The ability to see the world from different cultural frames of reference
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What is stereotyping?
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attributing "behavioral" characteristics to "all" members of a group
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What is Individual racism?
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belief that one's ethnic or racial group is superior
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define Institutional race.
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established, laws, customs, or practices which systematically reflect and produce racial inequalities
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What is today's big issue?
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Desegregation vs. resegregation
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How is diversity being seen among students?
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diversity in students is increasing while % of minority teachers is decreasing; lower achievement among African American, Latino and Hispanic, and American Indian; Higher achievement among Anglo-European American and Asian counterpart; reflects strong connections between socioeconomic status (SES) and achievement
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What is the goal for bilingual education?
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to learn English and become "bicultural"
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What are the "4" approaches to bilingual education?
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1. Immersion-classroom-English only
2. Maintenance: maintain native language--move to English 3. Pull-out: students separated 4. Transition: receive "reading lessons" in native language and lessons in English (transition to regular classroom) |
