Chapter 4 – school law – Flashcards
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Writ of mandate
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superior court orders someone to follow the law by correcting prior action or ceasing illegal activity
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School board discretionary functions
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require judgment; includes not of their power; cannot be delegated; limited only by law
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School board Ministerial functions
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Duties for which no exercise of judgment is permitted. These can be delegated.
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McGilvra v SEattle School District
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School districts can exercise only those powers fairly implied or expressly granted by a statute; cannot have a clinic at taxpayer's expense.
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Johnson v Burmaster
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School district exceeded its authority in operating a virtual charter academy outside geographical boundaries...dealt with geographic boundaries, open enrollment, and teacher certification
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Owens v Colorado Congress
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Vouchers providing parental choice and funds for private schools violates the local control provision
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Hortonville Joint SD v Hortonville ed association
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A school board is impartial unless bias can be shown. Teachers broke a law, board had no personal or financial stake in the decision; the board has judicial power to dismiss teachers.
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Sioux city v Iowa Dept of Ed
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School district did not abuse its discretion when it decided not to provide bus transportation to students living less than two miles away.
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Can the dept of ed or supreme court override a district's decision because it determines it was wrong?
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no, only if it was an abuse of discretion.
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Grabow v Montana high school association
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School district's membership in an athletic association did not constitute an unlawful delegation of school board power...kid who wanted to play basketball.
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Smith v Dorsey
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Prohibition of nepotism is violated when school board enters into teaching contract with spouse of school board member.
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Hadley v Junior College District Kansas city
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Equality of voting is required in local district election.
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Aldridge v School District of North Platte
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Allegation that board made a decision prior to official meeting is not sustained by facts. Involves superintendents resignation
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Sunshine Law
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law requiring a government agency to open its official meeting and records to the public.
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Rhode Island Affiliate, American civil liberties union v Bernasconi
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School committee's closed session discussion and approval of drug search was exempt from open meetings law...because drugs are a matter of security
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what determines whether something is public record?
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-whether the entity performs a governmental function-level of governmental funding-extent of governmental involvement-whether the agency was related by the government.
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Zager v Chester community charter school
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Charter school is, in fact, an agency subject to open records/right to know law.
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Hovet v Hebron Public school district
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Citizen may review teacher's personnel file under state public record law. (north dakota)
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In applying abuse of discretion standard, what does an appellate court look at?
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Whether a reasonable person could have found sufficient evidence to come to the same conclusion as reached by the school district.
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When members of an elective body are chosen from separate districts, each district must ensure...
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that equal numbers of voters can vote for proportionally equal numbers of officials
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*Cochran v Board of Education
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Led to child benefit theory: case said providing textbooks to parochial schools was ok
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*Zorach v Clauson
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Said release of kids to receive religious instruction not on public grounds was okay.
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*Everson case of 1947
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Reimbursed parents for bus transportation to private schools was okay.
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*Muellver v Allan
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Tax deduction provided to all parents, including those attending private schools, is okay
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*West virginia v bernette
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You cannot make kids salute the flag; overturned gobitis
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Public schools founded on 3 principles
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benefit to all of society so legislature has power to tax must be secular state can compel parents to provide their children with minimum secular education
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Establishment of religion clause
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(of the 1st amendment): state cannot pass laws that aid one religion, all religions, or prefer one over another.
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Board of education of central district #1 v Allan
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loaning textbooks to parochial school students does not violate the establishment clause...this benefits the parents.
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Lemon v Kurtzman
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state aid to private schools through salary supplementation and purchase of services is a violation of establishment clause
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Agostini v Felton
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Payment of Title I teachers in parochial schools is not a violation...channeled federal funds through LEA to provide remedial education, regardless of public or private (overruled Aguilar)
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Mitchell v Helms
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As part of chapter 2, Federal funds to sectarian schools for instructional and educational materials is not a violation of the establishment clause. Aid is 'neutrally available.'
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Zelman vs Simmons-harris
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Ohio voucher program does not violate the establishment clause...aid mostly helped the poor
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Chittenden town district v Department of education
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Vermont' state's constitution's 'compelled support clause' says tuition reimbursement to sectarian schools is NOT OKAY
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Dickman v School district 62 C
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Oregon law providing textbooks to parochial schools is a violation of state law.
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Illinois Rel Mccollum v board of education
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Released time for religious instruction on public schools grounds is a VIOLATION
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Abington district v Schempp, Murray Curlett
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state enforced bible reading is unconstittuional
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Stone v Graham
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Statute requiring posting of 10 commandments violates establishment clause
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Wallace v Jaffree
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Period of meditation or voluntary prayer violates the establishment clause...fails lemon test.
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Lee v Weisman
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prayer at school graduation is in violation
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Equal access act
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if a district receives federal money and allow noncurricular activities, then you have created a limited open forum and must allow all.
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Santa Fe v Doe
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Policy permitting student led prayer violates the establishment clause
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Traditional public forum
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can regulate only time, place and manner; any restriction must serve a compelling state interest; must be 'viewpoint neutral.'
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Limited public forum
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can regulate only time, place and manner; any restriction must serve a compelling state interest; must be 'viewpoint neutral.'
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Closed forum
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people are not guaranteed access simply because it is a government owned or controlled building. typically schools...unless they open them up.
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Board of education of westwide community schools v mergens
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students have the right to organize their own groups in public schools.
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Good News club vs Milford SD
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SD violated club's free speech rights by denying them to use their building; they were 'viewpoint discriminant' but there was not violation of the establishment clause.
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Free speech test
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aka public forum test. courts use this to determine if an organization can use a school's facilities
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Parens Patriae
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The state (a parent to all) has the right to provide for the commonwealth and individual welfare of everyone. It can exercise policy power and make laws for the good of the state
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Pierce v society of sisters (1925
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compulsory education law requiring all kids go to public school violate due process, as it diminishes the nun's value of property and parent's upbringing of their children
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Plyer v Doe
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illegal alien kids cannot be denied education under 14th
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Martinez v Bynum
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Bona fide residence requirment is okay: you can deny a US citizen education if his parents live in another country.
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Swanson v Guthrie SD
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School board can deny part time attendance of a homeschooled child; no violation of free exercise clause
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Hybrid Rights case
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Supreme court made an exception to state laws that were facially neutral and valid if the plaintiff could establish that the law either compromised their free exercise of religion or another constitutional right.
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Murphy vs Arkansas
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state's use of achievement tests is okay; no violation of parent to educate their child, the state just wants to make sure they're doing a good job.
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Jones v West virginia
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denial of home-schooled kid in extracurriculars does not violate equal protection.
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2 states without religious exemptions for vaccines.
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West virginia and mississippi
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Andrews v Webber
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Board has the power to enforce reasonable rules prescribing specific curriculum. Dad didn't want son involved in music program just because...not good enough. no religious violation.
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**Sandlin v Johnson
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Denial of promotion for failure to complete reading level does NOT violate constitutional rights.
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Meye v Nebraska
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statute prohibiting teaching foreign language violates due process.
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Immediato v Rye Neck
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Mandatory community services as a graduation requirement does not violate student's rights...not voluntary servitude
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boring v Buncombe
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School board has a legit interest in curriculum; you can't pick unethical plays for your english class. No violation of free speech
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Island Tree v Pico
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Local school board may not remove books from school libraries because it dislikes ideas contained.
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Counts v Cedarville
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REstriction to access of Harry Potter violates the constitution
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Virgil v school board columbia county, FL
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School board's removal of works by aristophanes and Chaucer from curriculum is okay.
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Mozert v hawkins
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requirement that students study basic reader, Holt series containing mental telepathy, does not violate free exercise clause.
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Brown v Woodland
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Curriculum discussing witchcraft does not violate the establishment clause
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Leebaert v harrington
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parents does not have a fundamental right to mandate school curriculum. your son goes to all health classes or fails.
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**Epperson
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Statute forbidding the teaching of evolution is a violation of establishment of religion as the school wanted to teach creationism.
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Edwards v Aguillard
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Louisiana statute requiring balanced treatment of creation science and evolution violates first amendment.
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Debra v Turlington
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literacy test may be required to get diploma, but the test must be a valid measure of instruction.
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Campbell v New Milford
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School board policy imposing academic sanctions for nonattendance is not ultra vires or a violation.
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Equal education opportunities Act (EEOA)
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Requires schools to develop appropriate programs for ESL kids. Must be based on sound education practices and theory: must be designed to implement said theory; must produce satisfactory results
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Lau v Nichols
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School's failure to provide ESL to Chinese kids violates civil rights act of 1964
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Clear and present danger test
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A test for balancing freedom of speech against necessary governmental interests. If someone's speech creates clear and present danger, it can be repressed without violation. not a good fit for school situations???/
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Balance test
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school right to orderly education v student right of free expression. Does the action substantially disrupt the educational process
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**tinker v Des Moines
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Denial of freedom of expression must be justified by a reasonable forecast of substantial disruption. wearing of armbands
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**Bethel v Fraser
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student's lewd speech is not protected under free speech
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Morse v Frederick
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School did not violate free speech by confiscating bong hits for jesus banner and suspending student.
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Scott v Alachua county
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schools ban of confederate flags is not unconstitutional, as it is a highly controversial issue.
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Doe v Pulaski
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Letter written by student to another that he would rape her is a 'true threat' and beyond protection of first amendment free speech.
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Lamb chapel v Center Morich
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school that creates a limited public forum cannot deny access to a religious group wanting to show a movie
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Hazelwood v Kuhlmeier
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School officials may regulate the content of school newspapers. no violation of first amendment free speech.
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Wisniewski vd Weedsport
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Suspension of students for internet message shooting teacher is upheld under Tinker.
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Canaday v Bossier
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Mandatory uniform policy does not violate kid's first amendment rights.
