GENERAL LAW
10 CASES
DEFINITIONS
SE PROCESS
DISCIPLINE
100
Is corporal punishment permissable?
In the Ingraham case the Supreme Court rejected a student’s appeal regarding corporal punishment as being cruel and unusual punishment. However, currently about half of the states have banned corporal punishment. Educators who do employ corporal punishment improperly or violate school board procedures may face dismissal. They could also face criminal and civil charges.
100
This ruling put an end to the legality of institutionalized segregation in American schools and helped clear the path for the coming civil rights movement of the 1950s and ’60s.
Brown v. Board of Education
100
IEP
Refers to a detailed program for providing instructional and other services for a child with special needs.
100
What are steps 1 and 2 in the identification of a disability and provision of services?
Child is identified as possibly needing special education and related services. Child is evaluated.
100
School personnel may remove a child with a disability for a behavioral violation to an appropriate interim educational setting or suspension for how long?
Not more than 10 consecutive days.
200
Are there limits on how long a student can be suspended?
Courts are in agreement that exclusion from school for more than 10 days requires formal notice of specific charges - Reverts to Due Process rights.
200
The Court ruled 6-3 that forcing children to salute the flag was unconstitutional. The victory was a major one for proponents of First Amendment rights, as well as for those whose religious beliefs were challenged by such acts.
West Virginia State Board of Education v. Barnette
200
FAPE
Refers to the right of every American child from kindergarten through age 21 to receive a free public education that meets their needs.
200
What are steps 3 and 4 in the identification of a disability and provision of services?
Elibitility is decided. Child is found eligible for services.
200
If the behavioral violation has been determined to not be a manifestation of the child's disability, how long may a child with a disability be removed to an appropriate interim educational setting or suspension?
School personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as would be applied to children without disabilities. (with exceptions)
300
When can a teacher duplicate copyrighted material?
Duplication is permitted under the “fair usage” concept. (1) Cannot be for commercial purposes but can be for nonprofit educational purpose. (2) The nature of the material – things like journal articles and newspaper articles that are out of print lend themselves to copying. (3) The amount to be copied. The more one takes of the materials, the closer one comes to infringement of copyright. (4) The effect of the use on the potential market for of value of the materials.
300
This case was important in determining that students are deserving of certain procedural rights when they’re involved in disciplinary actions.
Goss v.Lopez
300
LRE
Refers to a definition within IDEA with regard to where (not so much the location as the supports and services available) a student has a right to be educated. This decision is to be made with direct consideration of the needs of the child and not based upon convenience or cost-effectiveness for the school.
300
What are steps 5 and 6 in the identification of a disability and provision of services?
IEP meeting is scheduled. IEP meetings is held and the IEP is written.
300
A child with a disability who is removed from the child's current placement under what conditions?
They must continue to receive educational services so as to progress toward meeting the goals set out in the IEP. Receive an appropriate Functional Behavioral Assessment and Plan.
400
Can religious materials be used at all in schools?
The Schempp case says that if religious materials are merely used as examples of a type of literature or as part of a secular history or comparative religion course, then the Constitution has not been violated.
400
The school tried to claim that the prayer’s wording was vague enough not to endorse any specific religion, but the Court said that the prayer’s petition to "Almighty God" was enough to serve as promotion for a family of faiths, thus making the whole affair unconstitutional. The case helped to define and strengthen the divide between churches and schools.
Engel v. Vitale
400
ADA
Refers to an Act passed by Congress in 1990 which provides many of the same protections for disabled children as the Rehabilitation Act of 1973. However, unlike the Rehabilitation Act, the prohibitions under this Act are not limited to those that receive federal financial assistance.
400
What are steps 7 and 8 in the identification of a disability and provision of services?
Services are provided. Progress is measured and reported to parents.
400
What is a manifestation determination?
A review of relevant information to determine if the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability or if the conduct in question was a direct result of the LEA's failure to implement the IEP.
500
Can a teacher forcibly conduct a misbehaving student to the principal’s office, physically seize fighting students to pull them apart, and use force in self-defense?
Common law, both civil and criminal, generally prohibits the use of force by one person against another. Parents, teachers and adults with charge over students may use reasonable force to maintain order and discipline.
500
The Court said that students and teachers don’t forfeit their constitutional protections "at the schoolhouse gate," and that the school could only justify censoring students’ speech for a legitimate reason, not merely to avoid a potentially awkward reminder.
Tinker v. Des Moines Independent School District
500
Due Process
Refers to a form of alternative dispute resolution. It is an informal administrative hearing on a special education issue that is not agreed upon between a student’s parent (or an adult student), and the school district. An impartial Hearing Officer is assigned to hear testimony, receive evidence and render a decision. This process can be initiated by the local educational agency (LEA) or the parent.
500
What are steps 9 and 10 in the identification of a disability and provision of services?
IEP is reviewed. Child is reevaluated.
500
Who partipated in a manifestation determination?
The LEA, the parent, and relevant members of the child's IEP team who contributory knowledge, information or observations.
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