Book Notes Chapter One Legal framework for the public schools
Book Notes Chapter One Legal framework for the public schools SED 322
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This 4 page Class Notes was uploaded by Charlotte McFarland on Tuesday September 1, 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 159 views. For similar materials see Classroom Leadership/Sec Schls in Education and Teacher Studies at Arizona State University.
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Book Notes Chapter One Legal framework for the public schools 0 The constitution of the United States does not guarantee an education as there is nothing in the constitution that speaks to that matter 0 State constitutions include the rights and obligations of the education system Generally the state regulates education So long as the states constitution does not violate the federal constitution on any issue involved in education the state will hold the power over education in its region 0 Each State determines what tests to use to measure the pro ciency level of the student population High stakes testing has been a topic for debate ever since the state mandated tests were enacted How the federal constitutiongovernment is involved in education 0 The rst amendment Students have the right to practice their religion freedom of speech and ability to assemble in groups IE Clubs 0 Fourth Amendment Students have the right to their privacy and their personal information cannot be shared with anyone by a school official 0 Fifth Amendment Teachers and students cannot be compelled to bear damaging testimony against themselves If a school with the power of eminent domain behind them wants to expand a school onto private property they then have to pay the owner a fair price for the land that they acquire The Eighth Amendment cruel and unusual punishment cannot be used against a student as a means of discipline 0 The tenth amendment the state has the power over education so long as it s practices do not go against the federal governments law 0 The fourteenth amendment students and teachers are to be given due process Federal Funding Statutes While the federal government has a small role in education that sometimes can play a large role in the funding of a school Title IV of the Civil Rights Prohibits discrimination of students on bases of Act gender and race Carl Perkins Vocational Provides funds for quality special education Education Act programs No Child Left Behind Act Funds are given to schools to improve academic status of disadvantaged students as well as to universities to provide high quality training for aspiring teachers Includes language instruction for students with limited English Individuals with disabilities Gives regulations for special education and education act IDEA related services Child Abuse Reporting and Teachers and school administrators are required prevention act to report any suspected child abuse Teachers are protected from being sued in the event that they are wrong Power of the court system in education Courts cannot enter a dispute on education unless invited to do so Courts have three functions settle disputes interpret laws and policies and determine the constitionality of governmental actions Terminology Constitution agreement under which a collection of people form a government Eminent domain the right of a government or its agent to expropriate private property for public use with payment of compensation Statutory law Federal or state written law set forth by legislation Case written opinion of a judge Defendant an individual company or institution sued or accused in a court of law Plaintiff a person who brings a case against another in a court of law First Amendment Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the Government for a redress of grievances Fourth Amendment The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized Fifth Amendment No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation Eighth Amendment Excessive bail shall not be required nor excessive nes imposed nor cruel and unusual punishments in icted 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 Fourteenth Amendment Section 1All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside 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 Section 2Representatives shall be apportioned among the several states according to their respective numbers counting the whole number of persons in each state excluding lndians not taxed But when the right to vote at any election for the choice of electors for President and Vice President of the United States Representatives in Congress the executive and judicial of cers of a state or the members of the legislature thereof is denied to any of the male inhabitants of such state being twentyone years of age and citizens of the United States or in any way abridged except for participation in rebellion or other crime the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twentyone years of age in such state Section 3No person shall be a Senator or Representative in Congress or elector of President and Vice President or hold any of ce civil or military under the United States or under any state who having previously taken an oath as a member of Congress or as an of cer of the United States or as a member of any state legislature or as an executive orjudicial of cer of any state to support the Constitution of the United States shall have engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof But Congress may by a vote of twothirds of each House remove such disability Section 4The validity of the public debt of the United States authorized by law including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion shall not be questioned But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States or any claim for the loss or emancipation of any slave but all such debts obligations and claims shall be held illegal and void Section 5The Congress shall have power to enforce by appropriate legislation the provisions of this article