1st = freedom of speech and religion4th = protection from unreasonable search5th = need not testify against oneself8th = protection from cruel & unusual punishment10th = powers reserved to the state (gives education to the state)14th = right of due process and = protection
Explain the school governance definitions
Governance: managing the school systemGovernment: An organization that exercises political authoritySchool Board: Legislative body similar to US Congress or state legislatureSuperintendent: Executive officer similar to US President or state governor
Describe the California State Board of Education
*There are 10 members*Four-year terms*appointed by the governor*approved by 2/3 vote in state senate*student member 1 year
What are the duties of the Board of Ed.
Waive provisions of Ed. Code: Student attendance example Establish standards
Describe the duties of the California State Superintendent of Public Instruction How long is the term?How many terms can he/she serve?
Duties; Secretary to State Board of Ed.Leadership to county & district superintendentsDistrict budgetsMonitoring district budgetsAppointing district administrator in state takeovers 4-year term, two-term limit
What are the duties of the County Boards of Education
* Monitor district budgets* Provide assistance to districts* Oversee Credentials
What are the duties of the County Superintendent of Schools?
* Financial oversight* Secretary to county board of education He/she is elected or appointed
What are the duties of the local boards of education?
* employ and dismiss personnel* adopt budget and oversee expenditures* oversee curriculum Brown Act
What are the qualifications of the Local Boards of Education? In California how many members are there? What is the term of service?Is there any compensation?
The qualifications: 18 years of older, US citizen, resident, registered voter, not disqualified from holding offices May have 3, 5, or 7 members4-year term; staggered elections every 2 yearsCompensation relative to size of district
What is the role, qualifications, and duties of Superintendent of Schools?
role: chief executive officerqualifications: determined by board, credential unnecessaryduties: budget development & management, personnel management, contract preparation, secretary to district board.
What is the role, duties, and qualifications of school principal?
role: middle managementduties: day-to-day management of the schoolqualifications: administrative credential
Describe the three prongs of the Lemon Test
Does the action in question;* have a secular purpose* neither advance or impede religion* avoid excessive entanglement The action must pass all three tests to be constitutional
Jane Doe v. Galveston 1999(see Santa Fe Independent School District v. Doe)
Then- governor Bush filed brief in the support of prayer then he became president and NCLB came in and student selected prayer is allowed.
Violates establishment clause. Decision: No prayer before sporting events
Explain the Equal Access of 1984
* Students and teachers can meet for prayer before school, during lunch, and after school * Students can meet for prayer if they follow requirements of the act (Sponsor cannot participate)
Explain the five elements of the Fourth Amendment (security of person, house, papers, and effects)
1. Control over one’s person2. No unreasonable search and seizure (need to show probable cause)3. Specific search warrant4. Warrant issued by judge5.
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Students protected by 1,2, and 3; not 4-5KEY WORD: Reasonable – proper, rational/fair
Morris v. Frederick 2007
prohibits use of drug references;Banner “Bong hits for Jesus” at football game.; Students raised banner at game and refused to take down.; Students were suspended and sued. Ruling in favor of the school
Football student sues school because he wouldn’t sign random drug testing permission form. Found in favor of the school.6:3 decision sighted TLO.
Students have lesser expectation of privacy.
Pottawatomie v. Earls 2002
Extended Vernonia case to all extra-curricular activities drug testing OK
In Loco Parentisexplain the definition
definition; in place of the parent ed code.
44807 need parent support
What are the 6 grounds for suspension & expulsion (Ed Code 48900-48900.7)
1. personal violence2. extortion or harassment3. possessing or furnishing dangerous objects4.
possessing, furnishing, or under influence of drugs, alcohol, tabacco5. damage to or theft of property6. disruptive or vulgar behavior
What is the definition of suspension? What is the maximum time a student may be suspended?
The removal of student from ongoing instruction.
5 days in one incident20 days per yearmay be extended if expulsion is recommended
What is the definition of expulsion? Who may expel a student?
The separation of student from supervision of district. Only a school board can expel. Student must receive due process
Brown Act 1953
Open meeting actmeetings have to be public(school board, SBM)
Describe the historical overview of religion in the schools(In the United States Constitution there are 3 points)
**religion common in schools in early US** Steady stream of lawsuits after WWIIUS Constitutionreligious freedomno state establishment or religion4th Amendment: “Congressshall make no law respecting the establishment of religion or prohibiting the free exercise therof”
Family Education Rights Privacy ActFERPAProtection of rights and privacy of parents and studentsParents have the right to view all of their students records (includes all formats; paper, film, computer disks, etc.
what are the 4 conditions in order to use metal detectors in the school?
post appropriate signs2. select appropriate staff to conduct the search3. pre-establish a random selection plan4. search other areas (lockers)
Search and Seizurewhen can you search?
The administration need reasonable cause….school police are not administrators and have to have probable cause.