Legal Foundations of Education

1
Legal Foundations of Education

• Chapter 6

2
Introduction to the Law

• Preaching vs. Teaching Letter
• Pedagogical Objections
• Ethical Objections
• Legal Objections
• Legal vs. Ethical
• Legislation vs. Court Decisions

3
The U.S. Constitution

• The Tenth Amendment The powers not delegated
  to the United States by the Constitution, nor
  prohibited by it to the States, are reserved to
  the States respectively, or to the people.
• State Constitutions

4
The First Amendment

• Congress shall make no law respecting and
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press.

5
The Fourteenth Amendment

• Historical Background
• No state shall make or enforce any law which
  shall abridge the privileges or immunities of
  citizens of the United States nor shall any
  State deprive any person of life, liberty, or
  property without due process of law nor deny to
  any person within its jurisdiction the equal
  protection of the laws.
• Procedural vs. Substantive Rights

6
Church and State

• Guidelines Handout Select Issues, Religious
  Activities
• Chart Key Cases, p. 233, 237
• Funding Child Benefit Theory Summary, p.
  236, 238, 239

7
Segregation and Desegregation

• De Jure and De Facto
• Plessy v. Ferguson (1896), separate but equal
• Stare Decisis
• Brown v. Board of Education (1954), Brown II
  (1955)
• Chart Key Cases p. 243 Summary p. 241

8
Equal Opportunity p.244

• Civil Rights Act of 1964
• Title IX, Educational Amendments Act of 1972
• Affirmative Action
• Students with Disabilities
• AIDS as a Disability? Conceptual Question

9
Teachers Rights and Responsibilities (p. 248)

• Chart Key Cases, p. 249
• Conditions of Employment Certification
  Contracts Collective Bargaining Strikes
• Tenure
• Academic Freedom
• Book Banning Liability for Negligence
• Summary statements, p. 258

10
Students Rights and Responsibilities

• As Citizens- Chart, Key Cases, p. 260
• To an Education
• To Sue
• To Due Process in loco parentis
• To Free Speech
• Dress Codes and Grooming
• Marriage and Pregnancy

11
Students

• Corporal Punishment
• Sex Discrimination
• Child Abuse and Neglect
• School Records Buckley Amendment, 1974
• Student Publications

12
Students

• Students with Disabilities IDEA- placement in
  the least restrictive environment appropriate
  IEPs
• Student Searches Peer Sexual Harassment
• Educational Malpractice Teaching ? Learning?
• Summary Statements, p. 273