ED 506 Final

Freedom of religion, speech, press, assembly, and petition.

Freedom from unreasonable searches and seizures.

Declares that all persons born in the U.S. are citizens and are gaurenteed equal protection of the laws.

A document that spells out the principles by which a government runs and the fundamental laws that govern a society.

Highest court in the U.S.

Assures confidentiality of student records. Parents are afforded rights to examine, review, request changes if inaccurate, and stipulate person who has access.

Fair treatment through the normal judicial system, especially as a citizen's entitlement.

Beussink created a website that critiqued the school and its educators. His First Amendment rights were violated. Tinker v. Des Moines was used throughout the case. The court reasoned that the principles decision was made because he was upset that the message was in his school's classrooms when he went to the computer lab. This is not a justifiable reason for the punishment. There would be more irreparable harm to Beussink from the suspension. Court sided with Beussink as absenteeism policy restricted grades.

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption.

A student at a local high school hung up a banner saying "Bong Hits 4 Jesus" which advertises the use of marijuana. The principal ordered that the banner be taken down and the student be suspended. School officals can prohibit students from promoting the use of drugs and does not violate the student's 1st amendment rights. A decision was not reached about whether Morse was immune to being sued, being a school offical. Case is similar to Hazelwood.

U.S. Supreme Court that determined that the First Amendment does not protect all types of student speech in school.

School searches must be reasonably related to a supposed crime, and can't be excessive given the circumstances (age, gender)

13 year old girl was strip searched without reasonable suspicion. Redding won the case under the Supreme Court, and the school officials were granted qualified immunity.

The Supreme Court ruled that a public school teacher has a First Amendment right to write a letter to the editor criticizing the school board without fear of retaliation.

Pickering wrote a letter involving school issues that were public knowledge. As he is a member of the public community and it was known information, being demoted violated his First Amendment rights.

A policy that restricts the ability to fire teachers; requiring a "just cause" rationale for firing.

The court does not consider if some religious expression in public schools is allowed, but if there is a compelling reason why it is not allowed.

Created in a school when: allows non-curricular groups to use their facilities during/after school. When established then the school can not use viewpoint discrimination, on the basis of the religious, political or philosophical content, to select which groups are allowed and which groups are not allowed to use the facilities.

It is determined whether the action was taken as a result of their disability. If yes then they are given a functional behavior assessment and a behavior intervention plan.

Parents must be notified if their child is being suspended.

No cruel or unusual punishment

A quality, charecter, or conduct in violation of the moral law.

The opportunity for a teacher to teach without coercion, censorship, or other restrictive interference.
Curriculum and instructional decisions belong to the school district, not the teachers.

Teachers are viewed as role models and therefore help to a higher standard in their personal lives than other occupations.

The legal governing body that excercises general control and supervision of the schools in a state.

Represent the beliefs and values of the community, oversee the expenditure of public funding, and serve in a direct supervisory capacity for the local school districts.

Developed from various past court decisions that interpret or apply constitutional, statutory, regulatory law, or school board policy to a particular situation.

Provides continuing contract teachers alleging wrongful termination with the right to request a hearing before an impartial tribunal.

Requires neutrality from government (state legislative bodies, school employees, and school boards) and prohibits public school advancement of religion.

Prohibits government from interfering with the practice of religion.

Students have limits on free speech determined by school officials speech that harms others, is vulgar or indecent, or causes serious disruption is not allowed.

Students must be given a notice of their discipline and why they are being disciplines. Limits the school from keeping students out of school for more than 10 days for suspension.

The process by which police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment.

A school district policy that mandates predetermined consequences or punishment for specific offenses, regardless of the circumstances, disciplinary history, or age of student involved.

When the other student's safety has been threatened. There is Threat assessment given which determines if a student who has been perceived as a threat should have a short-term or emergency expulsion and/or should include law enforcement (threat investigation).

Protects teachers against arbitrary termination by local public school boards. Usually earned after 5 years.

The elimination of teaching positions in a school system because of declining student population or funding

Occurs when "submission to or rejection of sexual conduct is used as a basis for employment decisions". involves tangible or economic consequence, such as demotion or loss of pay.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature have the purpose or effect of unreasonably interfering with work performance or create an intimidating or offensive work environment.

Most common tort. Has five elements that must all be satisfied to be considered a tort:
1. existence of duty
2. breach of duty
3. cause-in-fact causation
4. proximate causation
5. damages

Gives same-sex marriage rights and they have a right to protection from harassment.

When an employee contends they have suffered adverse employment action because of speech or expressive conduct that the school district claims to be disruptive to the workplace or has suffered retaliation for protected speech.

Protected speech cannot interfere with maintaining either discipline by immediate superiors or harmony among coworkers. It cannot interfere with the personal loyalty and confidence necessary to proper school functioning. And it cannot damage professional reputations.