School Laws SED 322
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This 3 page Class Notes was uploaded by Charlotte McFarland on Sunday August 30, 2015. The Class Notes belongs to SED 322 at Arizona State University taught by Kristopher Treat in Summer 2015. Since its upload, it has received 72 views. For similar materials see Classroom Leadership/Sec Schls in Education and Teacher Studies at Arizona State University.
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Date Created: 08/30/15
SED 322 First Day Notes Commonly misunderstood laws Can the state legally require students to attend public schools No Parents can elect to enroll their children in private schools or to homeschool their children as long as the parent andor chosen institute holds the students to the state standardsstate testing This was determined in the case in which the governor of Oregon was attempting to take control of the education system by requiring that all students who had graduated 8th grade to attend public school It was deemed by the Supreme court in 1925 that parents had the right to choose which avenue of education their students would take ie public school private school charter school and homeschooling Can schools prohibit children from pravinq during school hours because of churchstate separation No only applies to government agents and institutes Students are not considered government agents are free citizens who are allowed to pray and hold religious meetings so long as the practice it during a reasonable time place and do not disrupt the educational ow of the day IE prayer by the ag pole meetings Teachers on the other hand cannot openly participate in such activities If your high school has established a quotlimited Open forumquot your school can then exclude student hate groups such as the American Nazi Partv the Ku Klux Klan and Satanists from meeting after school No states that if a school allows one noncredit club to meet outside of class time on campus it must allow any type of noncredit club that has a student base to also meet All groups however still have to comply with school regulations of time place and behavior expectations All students are required to stand and recite the pledge of allegiance 1 No A School or teacher cannot require their students to either say the pledge of allegiance nor stand for it They also cannot regulate that any student who does not wish to participate has to leave the classroom andor is punished for not complying In 1943 the us Supreme Court stated that quotNo of cial high or petty can prescribe what shall be orthodox in politics nationalism religion or other matters of opinion or force citizens to confess by word or act their faith thereinquot The US Supreme Court has ruled that public schools cannot require that male students cut their hair unless a similar rule is applied to female students No State and local policies dictate these rules If a parent wishes to appeal school rules they can do so through the US Court of appeals or through state courts These cases do not reach the US Supreme Court Can students be punished for offenses committed off school grounds Yes So long as a school official can connect the offense to the school and prove that it is disruptive of school policy a student spouts profanity at a teacher in a grocery store that student can then be punished for the offense with suspension or expulsion This is called the or logical connchon Education is a fundamental right under the constitution No The constitution does not grant educational rights as there is nothing in the constitution that speaks to this issue To avoid potential legal liability including suits by parents and others you should only report incidents where you have solid evidence of child abuse Anytime abuse is suspected a teacher must report to his or her supervisor and to the proper authorities as soon as possible If the teacher decides to wait until the next day they are held responsible and can be arrested for allowing the abuse to continue even if it was for a short amount of time Teachers and school officials have immunity from being sued or brought to court over false accusations Where de facto racial segregation exists federal courts can order a judicially supervised desegregation plan No De facto segregations are caused by private choices For instance a school is placed in an area where the population has a high percentage of Hispanics That school is not responsible for diversifying the population of the school nor the people that live in that area If a school were to deliberately exclude an individual based on race or gender then the judicial system once the incident is reported and investigated can step in and take care of the problem Nontenured teachers must have a legal or educationally sound reason for nonrenewal No School administrators advise teachers not to give a reason for nonrenewal
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