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35 Cards in this Set

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  • Back

The 10th Constitutional amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Why is this amendment significant for education?

This amendment gives states and local communities, not the federal government, the right to control education

What is the purpose of tenure?

Tenure is meant to protect the economic and job security of teachers. It ensures that teachers can't be dismissed except on proof of just cause, and can express their views without fear of administrative reprisal.

How do teachers gain tenure?

Usually two or more years of probationary status are required before tenure is granted, although sometimes tenure is automatic and sometimes a school board will approve tenure. There may be other requirements as well.

What might be the consequences of a teacher breaking her employment contract?

She might be fined, or could even lose her license.

What are three grounds for dismissal?

Incompetence, insubordination, misconduct

A few days after signing your contract you receive a letter from the local union describing the benefits of belonging to the union and the costs of joining. You decide not to join, but during the first week of school a union representative announces at a faculty meeting that those who have not paid union dues need to do so or risk being dismissed from their jobs. Are you required to pay union dues even if you don't belong to the union?

Yes, if you reside in a state where union membership is required. About half the states say a teacher does not have to join the union, but must pay dues.

You completed your second year of teaching with "excellent" ratings in all your evaluations, but receive a notice that you will not be rehired. Can the school board force you out of the district without giving you reasons for doing so?

Yes - the board has unfettered discretion to not renew a contract for a non-tenured teacher.

What is the standard to judge negligence?

If "reasonable care" was taken in a situation. Teachers and student teachers can be held liable for foreseeable injuries that were caused by their negligence.

If child abuse is suspected, when does it need to be reported?

Always, and immediately.

If a teacher reports child abuse and it's found that there was none, could she be penalized?

No. There is a legal requirement to report child abuse, so even if the report was in accurate, if it was reported in good faith, a teacher would not be penalized.

When is a public school teacher's freedom of speech protected?

When she speaks as a private citizen on matters of public concern.

Can private school teachers be dismissed for publicly criticizing school policy?
Yes.

If a teacher disagrees with a text the school board has chosen, can she be required to use it anyway?

Yes, teachers must use the texts that haven been chosen by the school board.

Who owns copyright to materials a teacher has created?
The school or district owns copyright to teacher-created materials, unless a teacher is an independent contractor.

Do schools have the right to require a specific dress code for teachers?

Yes, but teachers have to be given adequate notice of policies and have a right to a hearing if there is a dispute.

What kinds of limits are there on student freedom of expression?

Student speech can't be disruptive or invade the rights of others.

When could an administrator refuse to allow a student religious group to meet on school grounds?

Only if other student groups are not allowed to meet.

If an administrator wants to suspend a student, what does she need to do first?

Give the student written or oral notice of charges and an opportunity to tell his side of the story.

When can corporal punishment be used?
Only in states where it is legal, and then only if the punishment is reasonable.

When can students or their lockers be searched?

When a search is reasonable and based on reliable information.

What should the public schools' attitude be toward religion?

Neutral.

When would it be appropriate to read the Bible during class?
When the Bible was being used to teach about the history of Christianity.

Why is Brown v. Board of Education considered the most influential Supreme Court case affecting education?

Addressing racial inequities opened the door for later developments in the areas of civil rights, special education and gender equity.
Which of the following may be grounds for dismissal?

unwed pregnancy
profanity
consensual sex with a student
homosexuality

consensual sex with a student; profanity

In which of the following do parents have the option of enrolling their students?

charter schools
religious schools
independent schools
home school

Parents may choose any of those types of schooling.

When is parental consent to share student records NOT required?

When records need to be share by teachers and school officials who have legitimate educational concerns.

You suddenly found out that you didn't order enough workbooks for each of your students to have one. Can you make copies of one of the workbooks so there are enough to go around?

No, copies can't be made of consumables. You could copy a few pages while waiting for the order to arrive, but not the whole workbook.

You videotaped the animated film "Pocohantas," and have been showing it every year at Thanksgiving for your first graders. Whats' the problem?

A film can be recorded for educational purposes, but it must be viewed within ten days of recording, and destroyed after 45 days.

A principal reviews the high school newspaper about to be published and censors two stories that he thinks are too controversial. Is he within his rights to do this?

Yes, educators can exercise control over school-sponsored publications.

You found a student smoking in a restroom and sent her to the office. She first denied having been smoking at all, but when asked to open her purse, the principal found marijuana and a note to a friend asking that she sell marijuana at school. The girl admitted to selling marijuana at school, but later claimed that her 4th amendment rights had been violated. Was she right?

In this case, no, because the search was reasonable. "Reasonableness" is the key: was the search reasonable? Was the scope of the search reasonable?

At the end of the school day, Kristi, Jean and Jose were called to the office, where the Assistant Principal handed them each a sealed envelope addressed to their parents. "Give this letter to your parents," she said. "You are all suspended for three days because of yesterday's incident." How should this situation have been handled?

Students should have received oral or written notification of the charges, so they would have an opportunity to refute the accusation.

Young Crusaders for Christ have asked to use a classroom to hold prayer meetings after school. Would this be legal?

Yes, they have the right to meet on school grounds if other school groups are allowed to.

A group of parents has decided they don't like the education their children are getting in the public schools and have decided to withdraw them and teach them at home. Would this violate compulsory attendance laws?

As long as the parents meet state and district requirements they may homeschool their children.

The parents of a deaf child have requested the school district to hire a sign language interpreter for their child for school-sponsored functions. Must the district do so, regardless of the cost?

Yes, since the functions are sponsored by the school, the district must comply with the parents; request. The child is entitled to a free, appropriate public education, no matter what his disability.

Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” How has Title IX changed American education?

It has given female students more access to sports and athletic scholarships.