Posted: September 13th, 2017

Mills v Bd. of Ed. of District of Columbia

Mills v Bd. of Ed. of District of Columbia

a. Prayer in school is unconstitutional/2. Morse v. Frederick    b. Public Schools can lend textbooks to private and       parochial schools. Bethel School District v. Frasier    c. Extends the Penn ruling for children of exceptional needs/4.Hett v Ploetz    d. Provided a definition of immorality for Indiana /     teachers/5.Fiscus v Bd of School Trustees        e. State cannot force children to attend pubic school/     of Central School District of Greene County  6. Allen v. Board of Education    f. Schools can suppress student language at off-campus school sponsored events 7.Penn. Assoc. for Retarded Children        g. Students can be disciplined for lewd speech at      v Commonwealth     school assemblies / 8.Jaffree v Wallace    h. A school administrator has qualified privilege when writing recommendations /9. Williams v Weisser    i.  Lectures and notes are copyright property of original author/10. Pierce v Society of Sisters    j. Provided free education appropriate to child’s educational ability regardless of mental capability

Part 1

Instructions    The correct answers are the best answers as determined by the instructor. Some choices may be correct, but a better answer may exist. Pay close attention to the type of question. Multiple Answer question may or may not have more than one correct answer.

Match the case with the topic addressed.

__________ 1. Mills v Bd. of Ed. of District of Columbia    a. Prayer in school is unconstitutional
__________ 2. Morse v. Frederick    b. Public Schools can lend textbooks to private and       parochial schools
__________ 3. Bethel School District v. Frasier    c. Extends the Penn ruling for children of exceptional needs
_________4.Hett v Ploetz    d. Provided a definition of immorality for Indiana                                     teachers
__________ 5.Fiscus v Bd of School Trustees        e. State cannot force children to attend pubic school
of Central School District of Greene County
________ 6. Allen v. Board of Education    f. Schools can suppress student language at off-campus school sponsored events
__________ 7.Penn. Assoc. for Retarded Children        g. Students can be disciplined for lewd speech at      v Commonwealth                 school assemblies
__________ 8.Jaffree v Wallace    h. A school administrator has qualified privilege when writing recommendations
__________9. Williams v Weisser    i.  Lectures and notes are copyright property of original author
¬¬¬¬¬¬¬¬_________10. Pierce v Society of Sisters    j. Provided free education appropriate to child’s educational ability regardless of mental capability

Answer each True or False Questions

11. __________ For equal positions, male teachers can be paid more than female teachers
12. __________ Schools can require a doctor’s statement for a mother returning to work following a pregnancy.
13. __________ I can make a copy of any software for my use and it does not violate copyright.
14. __________ Unwelcomed sexual advances or request for sexual favors can be forms of sexual harassment.
15. __________ Separate but equal educational opportunities is legal for serving communities of minority groups.
16. __________ FERPA protects a student’s educational records until the death of the student.
17. __________ The Age Discrimination in Employment Act covers age discrimination only between the ages of 40
to 70.
18. __________ A teacher can be dismissed if convicted of a felony.
19. ¬¬¬¬¬¬¬¬¬__________ A teacher could be dismissed for failure to report child abuse.
20. __________ The courts have ruled corporal punishment in schools is unconstitutional.

Match the following associations:
21. __________The Pickering Test                A. Dishonoring someone by written or spoken word.
22.     _____ Tort                    B. Called for separation of church and state
23.     _____ Thomas Jefferson                C. Prohibits government infringement on rights
24.                Defamation                D. Not of any particular religion or religious belief
25.     _____ In loco parentis                E. The 3-part test for teachers freedom of speech
26.                 Statute                    F. In place of the parent (teacher at school)
27.     _____  Lemon Test                 G. Right to defend one’s actions (14th Amendment)
28.     ___ __ Substantive Due Process            H. Constituting a law of the state
29.     _____  Procedural Due Process            I. The 3-part test for separation of church and state
30.      ______Secular                    J. Civil wrong causing injury or harm

For this section you must mark which of the grounds would be best if dismissing a teacher from duty.
Please mark the best reason. Realize while one reason may work another is a more exact reason for dismissal.

C= Incompetent      S= Insubordination   M= Immorality   G= Good and Just Cause   L=Criminal Violation

31. __________ Selling Hashish.
32. __________ Refused to implement new math curriculum.
33. __________Reducing staff because cannot financially pay all the teachers employed.
34. __________ Involved in a sexual relationship with an 18 year old student.
35. __________ Involved in selling child pornography.
36. __________ Continued refusal to report to work on time.
37. __________ Closing a school and must reduce staff.
38. __________ Refused to attend to hall duty as assigned.
39. __________ Advocating homosexual conduct
40. __________ Physically unable to teach.

This section is multiple answer questions. This means more than one response may be correct or no responses are correct. In other words zero, one, two, three, four, or five responses cold be correct. Mark the correct response(s), if any.

42. Academic Freedom for teachers includes which of the following:
_____ a. The right to openly criticize the school district for any reason.
_____ b. The right to speak freely about subjects.
_____ c. The right to experiment with new ideas.
_____ d. The right to select appropriate teahcign methods and materials.
_____ e. The right to encourage students to join the religion practiced by the teacher.

43. School District have to right to do the following:
_____ a. The right to decide the curriculum.
_____ b. The right to require a senior project in the community as a graduation requirement.
_____ c. The right to charge book rental to students (in Indiana).
_____ d. the right to charge parents and student for administrative costs such as counselors, social work, etc.
_____ e. The right to unilaterally remove books from the library.

44. FERPA allows:
_____ a. Parents to control student records until the student is 18 years of age in not in post-secondary education.
_____ b. Only the educators directly involved in the education of the student to view that student’s records.
_____ c. That certain directory information may be released to appropriate agencies such as the military.
_____ d. Permits the selling of student record information to businesses.
_____ e. States a student can be guilty of a crime if the student does not ever request to view records.

45. Which is included or covered as a responsibility for the school and/or student  in IDEA?
_____ a. Free lunches be provided
_____ b. That a student be provided service for any Section 504 handicap.
_____ c. A free and appropriate education
_____ d. An individualized educational program
_____ e. Due process procedures

Part 2: Scenarios/Vignettes

= Exceeds Expectations:  Each vignette has multiple questions that require a response. The student has responded to each question. The response demonstrates leadership ability in the use of critical thinking and problem solving. The response clearly answers the question. In terms of legal support the student has correctly cited statutes and court decisions that are appropriate to the vignette. The response clearly demonstrated knowledge and skills above the satisfactory level.

= More than Meets Expectations:  The student has responded to each question. The response demonstrates leadership ability in the use of critical thinking and problem solving, but not to the level of exceeding expectations. The response answers the question, but may lack a small bit of clarity. In terms of legal support the student has cited statutes and court decisions that are appropriate to the vignette, but not as specifically as in exceeds expectations. The response demonstrated knowledge and skills above the satisfactory level.

= Meets Expectations:    While the student responded to each question of the vignette, the responses were acceptable but lacked evidence of critical thinking or problem solving in a leadership capacity. The questions were not clearly answered and doubt was left  in determining how the student would respond in a situation such as this if in a leadership position. The identification of legal perspective was satisfactory, but could have been more precise, possible lacking a statute, or court reference.

= Barely Meets Expectations:    While the student responded to each question of the vignette, the responses were minimally acceptable and lacked evidence of critical thinking or problem solving in a leadership capacity. The questions were not clearly answered. Much doubt was left in determining how the student would respond in a situation such as this if in a leadership position. The identification of legal perspective was barely satisfactory, and did not identify a statute, or court reference.

= Does Not Meet Expectations:    The responses to the vignette questions were not appropriate. No leadership ability in terms of legal knowledge, critical thinking, or problem solving was indicated by the response. The majority of legal references in terms of statutes or court cases were either not identified or not appropriate to the vignette.

0 = Did not respond to question

As far as your decision, the important response will be one that you can support through your leadership ability and your ability to reference to the vignette. You are welcome to use any and all resources at your disposal. But your work must be yours, not that of a classmate. No late exams can be accepted. Take your time and remember common sense and reasonableness should always be your legal guide.

1.    Mr. Absentparent comes to your school. He wants to pick up Ima Jones, a fourth grade student. He claims he is the birth father of Ima. He claims he has particle custody, but is divorced from Ima’s mother Mrs. Realparent. He claims they just recently readjusted the custody agreement providing him with visitation as he has been in prison for the past twenty years for manslaughter. (He strangled a school principal over a custody battle.) (Just kidding.) you check but do not have this custody agreement. What do you do?

2.    You are meeting with the Superintendent and the Human Relations Director making decisions about RIFing (reduction in force). The superintendent states the law is that you reduce certified staff  based on job performance. So he wants to get rid of Mr. Oldguy (Age 87), a 55 year veteran, Mrs. Wrinkles (age 71), a 42 year veteran, and Miss Senile (Age 68), a 34 year veteran and keep Mr. Notyetshaving (Age 24), Miss Guditushoes (Age 23), and Mrs. Dalcowboy (age 22), all first year teachers. All six are elementary teachers. Your HR Director says a recent case in Southern Indiana Federal District Court has ruled it is unconstitutional to dismiss experienced, tenured teachers in like positions based on job performance. They turn to you because you have just completed the best school law class you have ever taken? What do you tell them?

3.    While on a field trip at the state legislature, Johnny Crude a senior boy, while setting in the galley watching the Senate in action, holds up a sign saying, “Jesus sells and uses Crack. Buy your’s at Our High School. Call the principal for prices.” Upon returning to school you meet with the teacher, the counselor, the parents, and the student.  The teacher, Mrs. Raisenostink says this was not a big deal. It was all in fun. He just did it on a dare and let him off with no consequences. Mr. Craktwhip, the counselor says he should be expelled and permanently banned from ever returning to school. The parents say they will sue you for every “red cent you have” if you even think about suspending or expelling him. Johnny looks at you and says, “You can’t touch me. You can’t do a single thing. You are a big loser anyway and no one in this school likes you including me, I hate your stinkin’ guts!”  What can you legally do? Cite a court case with this please!

4.    What is the most important thing you have learned in THIS CLASS this term?

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