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31 Cards in this Set
- Front
- Back
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FIRST AMENDMENT CONSTITUTIONAL RIGHTS:
* Freedom of religion, association, speech & press, assembly, & petition. |
FIRST AMENDMENT CONSTITUTIONAL RIGHTS:
* Freedom of religion, association, speech & press, assembly, & petition. |
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THE 14th AMENDMENT
* Guarantees the equal protection of the laws & due process of law. |
THE 14th AMENDMENT
* Guarantees the equal protection of the laws & due process of law. |
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The 14th Amendment guarantees what?
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The 14th amendment guarantees the equal protection of the laws and due process of law.
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TINKER: Student Political Expression
*Tinker v. DesMoines S.B. 1969 -Arm bands protesting War -Students are ENTITLED to FREEDOM OF EXPRESSION *Student won case. |
TINKER: Student Political Expression
*Tinker v. DesMoines S.B. 1969 -Arm bands protesting War -Students are ENTITLED to FREEDOM OF EXPRESSION |
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When can the school board limit free expression?
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School board can limit free expression when a DISTURBANCE HAS OCCURRED or IS IMMINENT.
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BETHEL: Indecent Speech
*Student gave sexual innuendo speech. Bethel S.D. v. Frasier 1986 -School Board & Authority CAN determine what manner of speech is inappropriate. *District won case. |
BETHEL: Indecent Speech
*Student gave sexual innuendo speech. Bethel S.D. v. Frasier 1986 -School Board & Authority CAN determine what manner of speech is inappropriate. |
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MORSE v. FREDERICK S.D. (2007)
*Administrators viewed the sign as promoting illegal drug use. *Student suspended. Student sued based on freedom of speech clause. *Court ruled 1st amendment does not prevent educators from suppressing student speech, at school supervised event, viewed as promoting illegal drug-use. *District won case. |
MORSE v. FREDERICK S.D.(2007)
*Administrators viewed the sign as promoting illegal drug use. *Student suspended. Student sued based on freedom of speech clause. *Court ruled 1st amendment does not prevent educators from suppressing student speech, at school supervised event, viewed as promoting illegal drug-use. |
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HAZELWOOD: Controlling Student Press
*Student newspaper staff sued arguing 1st amendment free speech rights violated. *HAZELWOOD v KUHLMEIER S.D.1988 -Court ruled educators have BROAD AUTHORITY to PROHIBIT SPEECH which conflicts with schools educational mission. *District won case. |
HAZELWOOD: Controlling Student Press
*Student newspaper staff sued arguing 1st amendment free speech rights violated. *HAZELWOOD v KUHLMEIER S.D. 1988 -Court ruled educators have BROAD AUTHORITY to PROHIBIT SPEECH which conflicts with schools educational mission. *District won case. |
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STUDENT PUBLICATION GUIDELINE
*Can't publish & distribute material: -Obscene -Libelous & slanderous -Contains profanity -Advocates breaking the law -Substantial disruption of school -Criticize/demeans individual/group -Encourages action that endangers health & safety of kids |
STUDENT PUBLICATION GUIDELINE
*Can't publish & distribute material: -Obscene -Libelous & slanderous -Contains profanity -Advocates breaking the law -Substantial disruption of school -Criticize/demeans individual/group -Encourages action that endangers health & safety of kids |
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STUDENT CONDUCT OFF SCHOOL GROUNDS
*When students engaged in school-sponsored activity, authority of school officials is same as if activity tool place on school property. *NRS Chapter 392 -Unlawful for any student , against the will of a pupil attending public school , to beat, whip, detain or otherwise interfere with student on his/her way to and from school. |
STUDENT CONDUCT OFF SCHOOL GROUNDS
*When students engaged in school-sponsored activity, authority of school officials is same as if activity tool place on school property. *NRS Chapter 392 -Unlawful for any student , against the will of a pupil attending public school , to beat, whip, detain or otherwise interfere with student on his/her way to and from school. |
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STUDENT SUSPENSION
*Students must receive due process at all times. Level must increase with length of suspension. *GOSS v. LOPEZ (1975) -Have sufficient "PROPERTY INTEREST" entitling them to public education. *In-school & detentions usually don't require a hearing. *Short-term suspensions (1-3days) require "INFORMAL HEARING" *Immediate suspension is appropriate (without due process) when there is DANGER TO PERSONS or PROPERTY or if DISRUPTION TO EDUCATIONAL ENVIRONMENT is imminent. *Long-term suspension or expulsion (more than 10 days) require FORMAL DUE PROCESS ie., FORMAL HEARING. Some state it's 5 days. |
STUDENT SUSPENSION
*Students must receive due process at all times. Level must increase with length of suspension. *GOSS v. LOPEZ (1975) -Have sufficient "PROPERTY INTEREST" entitling them to public education. *In-school & detentions usually don't require a hearing. *Short-term suspensions (1-3days) require "INFORMAL HEARING" *Immediate suspension is appropriate (without due process) when there is DANGER TO PERSONS or PROPERTY or if DISRUPTION TO EDUCATIONAL ENVIRONMENT is imminent. *Long-term suspension or expulsion (more than 10 days) require FORMAL DUE PROCESS ie., FORMAL HEARING. Some state it's 5 days. |
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NV STUDENT DISCIPLINE STATUES
*Rules distributed to each student at beginning of new year. *Legislature established guidelines for district discipline. *Local Boards empowered to authorize suspension/expulsion of any student in district. |
NV STUDENT DISCIPLINE STATUES
*Rules distributed to each student at beginning of new year. *Legislature established guidelines for district discipline. *Local Boards empowered to authorize suspension/expulsion of any student in district. |
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BODILY INJURIES TO SCHOOL EMPLOYEES/DRUG TRAFFICKING
*First Occurrence: -Will be suspended or expelled from that school. *Second Occurrence: -PERMANENTLY expelled. -RECEIVE equivalent instruction. |
BODILY INJURIES TO SCHOOL EMPLOYEES/DRUG TRAFFICKING
*First Occurrence: -Will be suspended or expelled from that school. *Second Occurrence: -PERMANENTLY expelled. -RECEIVE equivalent instruction. |
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FIREARM&DANGEROUS WEAPONS
*First Occurrence: -Expelled for 1 year. -Can be placed in another school. *Second Occurrence: -Permanently expelled. -Receive equivalent instruction. *Superintendents may for "good cause" allow exception to law. |
FIREARM&DANGEROUS WEAPONS
*First Occurrence: -Expelled for 1 year. -Can be placed in another school. *Second Occurrence: -Permanently expelled. -Receive equivalent instruction. *Superintendents may for "good cause" allow exception to law. |
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HABITUAL DISCIPLINARY PROBLEM
*NV Law defines "habitual disciplinary problem" as follows: -Has written evidence documenting for 1 school year. -Student has threaten or extorted another student. -Suspended for initiating at least 2 fights on school property. -Record of 5 suspensions for any reason. *Must be suspended or expelled for at least 1 semester. *Receive "equivalent instruction." |
HABITUAL DISCIPLINARY PROBLEM
*NV Law defines "habitual disciplinary problem" as follows: -Has written evidence documenting for 1 school year. -Student has threaten or extorted another student. -Suspended for initiating at least 2 fights on school property. -Record of 5 suspensions for any reason. *Must be suspended or expelled for at least 1 semester. *Receive "equivalent instruction." |
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NRe Chapter 62
*School officials to be notified regarding juveniles who have committed sexual offenses. |
NRe Chapter 62
*School officials to be notified regarding juveniles who have committed sexual offenses. |
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EXCEPTIONS TO THE DISCIPLINE STATUES
*Principal may permit student to have possession of a dangerous weapon or firearm according to board of trustees. *Safety Net for K-6 Students -Students may be suspended for a semester or more or permanently expelled after board of trustees has reviewed the circumstances. |
EXCEPTIONS TO THE DISCIPLINE STATUES
*Principal may permit student to have possession of a dangerous weapon or firearm according to board of trustees. *Safety Net for K-6 Students -Students may be suspended for a semester or more or permanently expelled after board of trustees has reviewed the circumstances. |
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STUDENT SEARCH & SEIZURE
*4th Amendment protects students from unreasonable searches. *Teachers/Personnel acting in place of parents. *Standard for school is "reasonable suspicion." *Two requirements for acceptable searches. -Search initially justified by reasonable suspicion. -Methods used reasonably related to objectives of search. |
STUDENT SEARCH & SEIZURE
*4th Amendment protects students from unreasonable searches. *Teachers/Personnel acting in place of parents. *Standard for school is "reasonable suspicion." *Two requirements for acceptable searches. -Search initially justified by reasonable suspicion. -Methods used reasonably related to objectives of search. |
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NEW JERSEY v. T.L.O.
*Student found smoking in bathroom. Search confined to student's purse. *Courts determined 4th amendment did apply to schools and in order for searches to be constitutionally permissible, REASONABLENESS must prevail. |
NEW JERSEY v. T.L.O.
*Student found smoking in bathroom. Search confined to student's purse. *Courts determined 4th amendment did apply to schools and in order for searches to be constitutionally permissible, REASONABLENESS must prevail. |
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SAFFORD S.D. v. APRIL REDDING
*Search for pills on 14 yr old body. Accusation made by a student *Court ruled against school district. Said "excessively intrusive in light of age and sex of student & nature of infraction." |
SAFFORD S.D. v. APRIL REDDING
*Search for pills on 14 yr old body. Accusation made by a student *Court ruled against school district. Said "excessively intrusive in light of age and sex of student & nature of infraction." |
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RANDOM DRUG TESTING
VERNONIA S.D. v. ACTION (1995) -Courts ruled that random testing would be limited to schools showing evidence of a drug problem & would include only students involved in extracurricular activities. |
RANDOM DRUG TESTING
VERNONIA S.D. v. ACTION (1995) -Courts ruled that random testing would be limited to schools showing evidence of a drug problem & would include only students involved in extracurricular activities. |
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RANDOM DRUG TESTING
*BD. OF EDUC. v. EARLS (2002) -Court ruled S.D. no longer required to demonstrate pervasive drug abuse before implementing a testing policy. |
RANDOM DRUG TESTING
*BD. OF EDUC. v. EARLS (2002) -Court ruled S.D. no longer required to demonstrate pervasive drug abuse before implementing a testing policy. |
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FLAG SALUTE & PLEDGE
*W. VIRGINIA S.B. v. BARNETTE 1943 -Court ruled that the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school. *GOETZ v. ANSELL (1973) -Courts held that a school cannot require a student to stand during the Pledge of Allegiance, nor can it ask such a student to leave the room. |
FLAG SALUTE & PLEDGE
*W. VIRGINIA S.B. v. BARNETTE 1943 -Court ruled that the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school. *GOETZ v. ANSELL (1973) -Courts held that a school cannot require a student to stand during the Pledge of Allegiance, nor can it ask such a student to leave the room. |
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FORCE & CORPORAL PUNISHMENT
*INGRAHAM v. WRIGHT (1977) -Court ruled that neither the Cruel and Unusual Punishment Clause of the 8th Amendment nor the Due Process Clause of the 14 Amendment apply to corporal punishment. -Courts left issue in hands of state legislatures. |
FORCE & CORPORAL PUNISHMENT
*INGRAHAM v. WRIGHT (1977) -Court ruled that neither the Cruel and Unusual Punishment Clause of the 8th Amendment nor the Due Process Clause of the 14 Amendment apply to corporal punishment. -Courts left issue in hands of state legislatures. |
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FORCE & CORPORAL PUNISHMENT
What year did NV officially end the practice of corporal punishment in the state's public schools? |
NV ended corporal punishment in public schools in 1993.
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*What is THE FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT (FERPA)
*What year was it ENACTED? *It is also REFERRED TO as what? |
-FERPA Act is to protect the rights of students and to insure the privacy and accuracy of education records.
-Was enacted in 1974. -Also referred to as the Buckley Amendment. |
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What rights does FERPA afford students with respect to their education records?
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-Right to inspect & review records.
-Right to request an amendment to records they believe are inaccurate or misleading. Right to consent to disclosures of personally identifiable information contained in their records, except to the extent that FERPA authorizes disclosure without consent. Right to file complaint with the US Dept of Educ concerning alleged failures by the University to comply with FERPA. |
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DEFINITION OF EDUC RECORD
An “education record” is any record that is: (1) directly related to a student; and (2) maintained by an educational agency or institution. This includes any information recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. |
DEFINITION OF EDUC RECORD
An “education record” is any record that is: (1) directly related to a student; and (2) maintained by an educational agency or institution. This includes any information recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. |
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DIRECTORY INFORMATION
*Directory of information includes: -Name, address, telephone no. & other info found in yearbooks or athletic programs. *Parents must be given notice of information each year. |
DIRECTORY INFORMATION
*Directory of information includes: -Name, address, telephone no. & other info found in yearbooks or athletic programs. *Parents must be given notice of information each year. |
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PARENTAL APPEAL OF RECORDS
*Requests must be in writing. *Schools not required by fed law to provide copies of information. |
PARENTAL APPEAL OF RECORDS
*Requests must be in writing. *Schools not required by fed law to provide copies of information. |
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GRADING OF PAPERS BY PEERS
OWASSO S.D. v. FALVO (2002), Court held (in favor of the school district) that allowing students to score each others tests& call out the grades does not violate FERPA |
GRADING OF PAPERS BY PEERS
OWASSO S.D. v. FALVO (2002), Court held (in favor of the school district) that allowing students to score each others tests& call out the grades does not violate FERPA |
