Education and Law - Assignment Example

Education and Law Part Cases and Rulings Mills v BD of ED. of District of Columbia- Provided free education appropriate to child’s educational ability regardless of mental capability 2. Morse v. Frederick – students can be disciplined for lewd speech at school assemblies 3. Bethel School District v. Frasier – schools can suppress student language at off-campus school-sponsored events 4. Hett v. Ploetz – a school administrator has qualified privilege when writing recommendations 5. Fiscus v. BD of School Trustees of Central District of Greene County – Provided a definition of immorality for Indiana teachers 6. Allen v. Board of Education – Public schools can lend textbooks to private and parochial schools 7. Penn. Assoc. for Retarded Children Commonwealth – extends the Penn ruling for children with exceptional needs 8. Jaffree v. Wallace – prayer in school is unconstitutional 9. Williams v. Weisser – lectures and notes are copyright properties of original author 10. Pierce v, Society of Sisters – state cannot force children to attend public schools True or False Questions 11. For equal positions, male teachers can be paid more than female teachers – False 12. Schools can require a doctor’s statement for a mother returning to work following pregnancy- False 13. I can make a copy of any software for my, and it does not violate copyright – False 14. Unwelcomed sexual advances or request for sexual favors can be forms of sexual harassment- True 15. Separate but equal educational opportunities are legal for serving communities of minority groups- False 16. FERPA protects a student’s educational records until the death of a student – False 17. The Age Discrimination in Employment Act covers age discrimination only between the ages of 40 to 70- False 18. A teacher can be dismissed if convicted of a felony- True 19. A teacher could be dismissed for failure to report child abuse- False 20. The courts have ruled corporal punishment in school is unconstitutional- True Matching Associations 21. The Pickering Test – The 3-part test for teacher’s freedom of speech 22. Tort – Civil wrong causing injury or harm 23. Thomas Jefferson – Called for separation of church and state 24. Defamation – Dishonoring someone by written or spoken word 25. In loco parentis – In place of the parent (teacher at school) 26. Statute – Constituting a law of the state 27. Lemon Test – The 3-part test for separation of church and state 28. Substantive Due Process – Right to defend one’s actions (14th Amendment) 29. Procedural Due Process – Prohibits government infringement on rights 30. Secular- Not of any particular religion or religious beliefs Dismissing a Teacher from Duty 31. Selling Hashish – Criminal Violation 32. Refused to implement new math curriculum – Incompetent 33. Reducing staff because cannot financially pay all the teachers employed- Good and Just Cause 34. Involved in a sexual relationship with an 18-year-old student – Immorality 35. Involved in selling child pornography – Criminal Violation 36. Continued refusal to report to work on time – Insubordination 37. Closing a school and must reduce staff – Incompetent 38. Refused to attend to hall duty as assigned –Insubordination 39. Advocating homosexual conduct – Immorality 40. Physically unable to teach – Incompetent Multiple Answer Section 41. Academic Freedom for teachers includes which one of the following: a. The right to speak freely about subjects b. The right to experiment with new ideas c. The right to select appropriate teaching methods and materials 42. School Districts have the right to do the following: a. The right to decide the curriculum b. The right to charge parents and student for administrative costs such as counselors, social work, etc 43. FERPA allows: a. Parents to control student records until the student is 18 years of age and not in post-secondary education 44. Which one is included or covered as a responsibility for the school and/or student in IDEA? a. That a student be provided service for any Section 504 handicap b. A free and appropriate education c. Due process procedures Part 2: Scenarios/Vignettes Scenario 1 Mr. Absent does not have the right to see Ima Jones because he does not have custody papers to show me. I would conduct a record check for Ima Jones to ensure that Mrs. Realparent is divorced from Mr. Absent to validate the grounds for his particle custody. I would also call for Ima to ask if she can recognize Mr. Absent and ascertain if he is her biological father. An ex-felon with a past record of manslaughter poses a potential risk to the life of Ima. Virginia law requires that any ex-felon pursuing a visitation of his or her child must do so in the company of government supervisor (DeLisi & Conis, 2013). The ex-felon must have a record of serious crimes such as manslaughter to be denied seeing a child despite having custody papers. I would also ask Mr. Absent to return with a court approved supervisor to avoid putting the life of Ima at risk. The court has the prudence to decide if Mr. Absent has the right to visit his child, and the notification should be made available to the school. Scenario 2 I would tell Mr. Old Guy, Mrs. Wrinkles, and Miss Senile that they have been dismissed on the basis Reduction in Force from the school management. I would use the law that guides Superintendent certified staff can be dismissed based on job performance. Job performance can be used to indicate incompetence for the three teachers in case they launch a lawsuit. Age of Discrimination Act points out that teacher over the age of 40 should not be dismissed for any reason provided they are fulfilling their duties and responsibilities as required by the school. I understand that tenured teachers are guaranteed permanent employment their contracts are renewed automatically. It would be my duty to cite just cause and obey due process by providing an explanation the school wants to reduce labor force. I would also explain that the school board is empowered to grant tenured employees new contracts or not. The explanations would caution the school from any lawsuit based on the provisions of Fourteenth Amendment and Due Process for Dismissal (Education Law, 2015). Scenario 3 I would discipline Johnny Crusade for displaying offensive language during Senate action. I would also assign a counselor to the boy to guide him and find if there are environmental or psychological causes for his errant behavior. I would also schedule for a parental meeting to warn Johnny’s parents to take control of his behavior. Johnny’s parents approve of his behavior and should be guided through a law about guiding their children on morality issues. I have been bestowed with the powers of First Amendment to discipline a student for lewd language or speech. First Amendment prevents students from use any profane, obscene or disrespectful language. A court case between Bethel School District No. 403 and Frasier, the court ruled that it was inappropriate for students to use any vulgar or offensive language (Oyez.org, 2015). The judge used First Amendment to prohibit Frasier from using immoral language within and outside school. Johnny message about the principal of his school could damage the reputation of a person who has state responsibilities in public education. The behavior has a potential effect on the education process in the school. Most Important Lesson in This Class The most important aspect I have learned in this class is that teachers have a legal responsibility towards their students. Students should return the favor for moral and legal reasons. Teachers are supposed to keep student information confidential and increase their contact on a daily basis to boost performance. Additionally, every teacher must know that discipline and physical or verbal abuses are permissible or impermissible depending with the legislation, and professional code of conduct affected. However, as teachers exercise their responsibilities, students must make the environment favorable. References DeLisi, M., & Conis, P. (2013). American corrections. Burlington, Mass.: Jones & Bartlett Learning. Education Law,. (2015). Due Process Rights: Teacher Dismissal. Retrieved from http://educational-law.org/264-due-process-rights-teacher-dismissal.html Oyez.org,. (2015). Bethel School District No. 403 v. Fraser | The Oyez Project at IIT Chicago-Kent College of Law. Retrieved from http://www.oyez.org/cases/1980-1989/1985/1985_84_1667 Read More