Quid pro Quo
this for that sexual harassment, exchanging sexual favors for gain
Least Restrictive Environment
The least restrictive environment in which a child can be in in order to meet his/her individual needs
Age Discrimination Employment Act (ADEA)
Forbids discrimination against age of people over the age of 40.
Corporal Punishment
If not prohibited by law or school board, corporal punishment can be used as a disciplinary measure.
Locker Searches
Lockers are part of school property therefore they are not the student’s possession and are held to lower standards for rights to search
Pickering Balancing Test
Weighing the teacher’s interest in expressing his views on public issues against the school board’s interest in providing education services
Wood v. Strickland
Ignorance of the law is not a valid defense to shield school officials from liability if they should have known that their actions would impair students’ clearly established federal rights
Connick Principle
the form and context as well as the content of the expression should be considered in assessing whether it relates to public matters
FAPE applied to Special Education
children age 3-21 with qualifying disabilities must be provided a FAPE that is made available under the LRE. They must follow the IEP that has been agreed upon
Teacher appearance
Teachers cannot display vulgar/religious innuendos on their clothes or wear revealing clothing. Since the mid 1970’s there has been no strict dress code
Make-Whole remedy
the person is placed in the same position he or she otherwise would have been, minus discriminatory behavior
Good Faith Bargaining
a representative to make collective bargaining and to agree to continue to bargain until a common decision is made favored by all
Tenured employee rights with regard to a hearing
a hearing must be given to a tenured employee before being terminated
Goss v. Lopez
Suspension without a hearing is against due process
Otherwise Qualified Classifications
an individual cannot be discriminated against because of a disability if they are otherwise qualified
IEPs as they relate to special education students
Individual education Plan put in place by the IDEA for special education student
Disparate Impact
when an act used by an employer has a discriminatory impact on a certain class
Title IX
Sex Discrimination is prohibited I any federally funded program
Title VII
Prohibits employment discrimination based on sex, race, color, etc
Sex-based Prima facie case
at first glance, the person is being discriminated against on sex
Ten Day Rule
Special education students cannot be suspended for more than ten days in a school year unless the circumstances are extreme
Disparate treatment
an individual is being treated unfairly from a minority group
Reasons teachers can be dismissed
insubordination, neglect, failure to perform, immorality
Reduction in force
layoff
Hostile Work Environment
due to harassment, an employee fears work because of it’s environment
Bona fide occupational qualification
qualifications which must be met for the job which may seemingly disqualify some members, but is not discrimination
NEAT
notify, explain, assistance, time frame
Affirmative Action
ensure no group is underrepresented