Teacher’s and student’s rights court cases – Flashcards
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Pickering v. BOE (1968) Freedom of Speech
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A teacher's letter to the newspaper, a letter that criticized the school board, contained some false statements made because of incomplete research. The teacher was fired. The court determined that the teacher's letter neither seriously damaged the disciplined operation of the school, disclosed confidential information, nor contained any misstatements that were made knowingly or recklessly. Under the First Amendment, a teacher has the same rights as all other citizens to comment on issues of legitimate public concern, such as a school board's decisions in allocating funds
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Engel v. Vitale (1962) Separation of church and state
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a local school board instructed that a prayer composed by the NY board of regents and recited allowed by every class. Prayer was nondenominational and voluntary. the court ruled it violated the first amendment and was not permitted. Wallace v. Jaffree (1985)
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Lee v. Weisman (1992) Separation of church and state
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Alabama made a law that authorized a 1 minute period of silence in all public schools. supreme court ruled it violated the establishment clause. to determine if it was constitutional, court applied the three-part test (est. in Lemon v. Kurtzman 1971). was found religious and ruled unconstitutional. McCollum v. BOE (1948) allowed privately employed religious teachers to hold religious classes weekly. ruled unconstitutional b/c violated establishment clause BOE of the Westside Community Schools v. Mergens (1990) Good news club v. Milford Central Schools (2001) court allowed religious studies to be held at the school facilities by adults.
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Stone v. Graham (1980) Separation of church and state
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Kentucky state required the first 10 commandments to be posted in every classroom in the state. declared unconstitutional.
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Epperson v Arkansas (1968) Edwards v. Aquillard Academic freedom and teaching evolution
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Epperson: court ruled that teaching evolution does not violate the first amendment's call for separation of church and state. Edwards: court declared policies requiring instruction in creationism violate first amendement
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North Haven BOE v. Bell (1982) Sexual Harassment
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court affirmed that title IX protects teachers from discrimination based on sex
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Tinker v. Des Moines Independent Community School District (1969) Freedom of speech (students)
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students do not shed constitutional rights at the school door.
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West Virginia SBOE v. Barnette (1943) Freedom of Speech (students)
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students and teachers were required to salute the flag, but two Jehovah's Witness students refused because of religious beliefs. court determined students cannot be compelled to pledge of allegiance
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Bethel School District v. Fraser (1986) Freedom of speech (verbal(students))
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found that the first amendment does not prevent school authorities from disciplining students for speech that is lewd and offensive
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Hazelwood School District v. Kuhlmeir (1988) Freedom of the Press
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two articles in the school news paper, divorce and teen pregnancy, were deleted by the principal. supreme court ruled that the principal had the right to control its content, but could not censor it.
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BOE, Island Trees Union Free School District No. 26 v. Pico (1982) Freedom of Access to the Printed World
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the board removed 9 books from the library because they felt they were improper for the students. court ruled the board cannot suppress ideas by removing books based on feelings of unpopular viewpoints
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Goss v. Lopez (1975) Right to Due Process
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sever students were suspended from school for 10 days. supreme court ruled they must provide a hearing and present the student with charges to defend against the charges.
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Ingraham v. Wright (1977) Right to Due Process
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Florida statute allowed corporal punishment. two students were punished by being hit with a wooden paddle and later sued the schools. supreme court ruled that corporal punishment is not cruel and unusual and does not deprive the student of his/her rights
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Santa Fe Independent School District v. Doe (2000) Separation of church and state
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in a 6-3 ruling, the supreme court held that student led prayer at football games violated the U.S. constitution's prohibition against gov't establishment of religion.
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Pierce v. Society of Sisters of the Holy Names of Jesus and Mary (1925) School attendance and choice
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school choice. court deemed unconstitutional. such law denied parents the right to control their children's education
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Plyer v. Doe (1982) School attendance and choice
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court ruled that Texas could not withhold free public education from illegal immigrants because "education provides the basic tools by which individuals might lead economically productive lives to the benefit of us all."
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Zelman v. Simmons- Harris (2002) School attendance and choice
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ushered in a new era of school choice as the Court affirmed that parents could use public vouchers to send their children to private religious schools
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Franklin v. Gwinnett County Public Schools (1992) Sexual Harassment
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a high school students that had a teacher-coach engaged behavior . court ruled that victims of sexual harassment and other forms of sex discrimination in schools may sue for monetary damages"