FEDERAL
STATE
CURRICULUM
DISCIPLINE
TEACHER
100
What are “regulations” and where do they come from?
Most regulations are created by public departments, agencies, and bureaus that in turn are created by statutes. Regulations are designed to implement the goals and fill in the details of legislation.
100
How detailed are state constitutions with regard to education?
Typically, state constitutions contain vague language stating that there shall be schools and how they shall be governed. Most of the details are left to the state legislature and local school boards.
100
Can prayer occur at school?
Nothing prevents students from praying voluntarily before or after school or silently during the school day.
100
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.
100
Can a teacher be a member of a “disfavored” organization?
A school may be able to fire a teacher for a specific intent to further an unlawful action but not for mere membership. This usually has to deal with political beliefs and political issues.
200
What types of cases do federal courts deal with?
The federal court system deals almost exclusively with cases involving federal constitutional or statutory issues. In some rare instances, the federal courts may deal with conflicts regarding the interpretation of state constitutions and state statutes.
200
Does the basic power to control education reside in the federal government or the states?
Basic power to control education devolves to the states. However, the U.S. Constitution does not require states to exercise this power. For several decades the states did not use this power. As the eighteenth century approached, each state required the establishment of free public schooling for all children be adopted through their state constitution.
200
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.
200
Can schools conduct searches of students?
If school officials look through a lost purse for identification and find controlled substances, the substances are viewed by the courts as having been in plain view. Locker investigations by school officials are not regarded by most courts as searches because the locker is jointly controlled. Schools do not have to show probable cause, as do the police; however, they do need to have “reasonable cause”.
200
Do teachers have the right to control their own curriculum and instructional methodology through “academic freedom”.
Although many cases have been brought by teachers claiming academic freedom, no court has recognized the constitutional right of a teacher to control basic course content or instructional methodology. The school board controls these matters.
300
What is the Circuit Court of appeals?
The Circuit Court of Appeals is the intermediate court between federal courts and the U.S. Supreme Court. There are 13 federal circuit courts. Tennessee, Kentucky, Ohio, and Michigan are in the 6th circuit court of appeals. 6th circuit rulings are mandatory upon issues in Tennessee. Other circuit court rulings are persuasive.
300
Are school boards free to do anything they want within their own districts?
School boards may issue their own rules and regulations, subject to the scope of authority delegated to them by the state legislature.
300
Can a student refuse to recite the Pledge of Allegiance?
The first Supreme Court case to apply the constitutional guarantee of freedom of speech to students was West Virginia State Board of Education v. Barnette, in which the Court prohibited the school from compelling its students to recite the Pledge. This was a reversal of a ruling that had been made on three months previously. Nor may students be required to stand during the Pledge or to leave the room.
300
Do students have Due Process rights with regard to school issues and school discipline?
Due Process means the right to be heard. At a minimum, this means a student should not be punished or deprived of a right without first being given a chance to tell their side of the story.
300
Are there limits on the freedom of speech of teachers with regard to issues of public importance?
The court determines this by evaluating: (1) Did the speech address a matter of public opinion? If yes, then (2) what was the actual or potential disruptive effect? Courts tend to support teachers when expressing opinions regarding matters of general public interest and to support school systems when the matter is more of a personal nature.
400
The U.S. Supreme Court only hears 125 to 150 cases per year. Does this court ever take the time to hear minor education issues?
The Supreme Court hears cases from the federal circuit courts only by permission, only if it involves an issue of federal law, and in order to resolve contradictory rulings between different federal circuit courts.
400
Why are court cases (the Common Law) important to schools and education?
We study cases both to find out who prevailed in a particular legal dispute and to learn why. We then apply the “why” to future situations to determine if the actions are legal or illegal.
400
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 the value of the materials.
400
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.
400
Do teachers who wish to practice their religion, wear religious garb, or otherwise manifest their religious beliefs at school create a difficult constitutional problem?
To permit publicly paid teachers in religious clothing to teach a captive audience of impressionable children runs the risk of violating the establishment clause.
500
If basic power regarding education resides with the states, how does the federal government have any ability to control educational issues?
Congress can exercise great influence over schools by virtue of its ability to control the allocation of funds and by its ability to regulate interstate commerce.
500
What does the term “standing” mean with regard to legal matters?
In most instances, cases can be initiated only by someone with a direct stake in the outcome of the dispute. Such an individual is said to have standing.
500
Are schools required to permit student-initiated groups to meet on campus?
The Equal Access Act does not require schools to permit these meetings. Nor does it supplant the school’s authority to decide when and where student clubs may meet. However, if a school decides to establish a “limited open forum”, it must afford equal opportunity to all non-disruptive and lawful student groups.
500
Is corporal punishment allowable?
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.
500
Many state statute’s authorize firing a teacher for immorality or unprofessional conduct. When?
Some personal choices no matter how a community might few them are protected by the right to privacy. But this does not mean there is absolute immunity from discharge for lifestyle choices. Generally a school has to provide a compelling reason for any policy that tries to regulate a legitimate purpose of the school. For Example: Courts have upheld dress regulations. Grooming and hair style regulations are upheld if they are rationally related to a legitimate purpose of the school. It is hard for teachers to win this one. Generally sexual conduct in private is not regulated. The courts have protected unwed mothers from dismissal, rejecting claims that the teacher’s presence serves as a bad role model and encourages sexual activity among students.
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