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| Cannot impose a fee for educational activities offered by high school |
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| A high school grad sought damages for what he alleged was "inadequate instruction". Ruling in favor of school system. How can you find fault where a student has failed to learn? |
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Ingraham v Wright (not right...) |
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| Students who were paddled in school argued it was cruel and unusual. Wanted the right to be heard before a physical punishment was given. Went to supreme court. They lost 5-4. Corporal punishment is not entirely considered a violation of due process for students! |
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Mt Healthy v Doyle (healthy free speech) |
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| Protects the rights of non-tenured teachers free speech |
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Pickering v Board of Ed
Pickering v Board of Ed |
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| Teachers have 1st amendment right of freedom of expression. |
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| Schools have a duty to supervise students during school time. Kid left schools grounds before end of scheduled classes. |
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Dailey v Lausd happened daily... |
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Kids slap-fighting lack of or ineffective supervisions constitutes negligence |
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| Prayer not allowed at public school graduation |
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| Pierce v Society of Sisters |
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| Private school attendance is compulsory, just like public school |
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| Separate but equal - segregation of schools |
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| Separate does not mean equal. Overturned Plessy! |
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| School boards are not immune from liability for monetary damages if the official knew that the action taken would violate the rights of the person affected. |
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| School does not owe a general duty to supervise all persons who use its playground or to secure premise against persons who may enter and injure themselves therein. |
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| Due process case. Court can award damages based on violation of due process, without having proof of actual injury. |
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| CA - required equal funding of schools across the state, regardless of the wealth of local community. |
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Allen v Casper
casper - contract |
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| Contract law generally governs expulsion from private school. |
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| Justifies student searches based on reasonable suspicion |
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| School is not liable for damages under Title IX unless the person who is to investigate claims of harassment knew of situation and failed to respond. District in this case, never knew so could not be liable for failing to respond |
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| Title IX - If actual knowledge and deliberate indifference on the part of the board is evident, a school district can be held liable. |
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| CA dress code that prohibits students from wearing gang-related clothes in school. |
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| Students' rights to freedom of speech and expression |
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| Education is not among rights afforded explicit protection under constitution |
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| Upheld students' rights to due process prior to expulsion. |
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| State of PA did not provide education for disabled kids. This changed that. |
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Clyde K v Puyallup SD
Puyallup - placement |
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Definition
| When disabled child's behaviorial problems prevent him and others from learning, more restrictive placement can be used. |
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| Upheld authority of school officials to censor school newspaper |
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Plyler v Doe (plier - can't take away $$) |
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Definition
| Funding for children who are illegal aliens cannot be withheld from public school |
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Rose v Council for Better Ed (roses - Kentucky - anti texas) |
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Definition
| Education is a right in the state's constitution. More about - adequate education rather than equitable funding. |
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McInnis Cases Innis -- Illinois |
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Definition
| Court ruled that equal expenditures were inappropriate as a standard, but left it up to the legislature to devise a financing plan. |
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Franklin v Gwinnett gwyn - girl - title ix |
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| First time that Title IX was used to protect students from harassment. Plaintiff is entitled to receive punitive damages when intentional action to avoid Title IX compliance is established |
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Thomas v Atascadero Atascadero - Aids |
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Definition
| expulsion of student based on HIV/AIDS violates Rehabilitation Act- section 504 |
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Bethel v Fraser Fraser crane - vulgar, speech |
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Definition
| Upheld school's authority to punish students and prohibit use of vulgar, obscene and lewd speech in public |
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Mills V Board of Ed Mills - kid needs help, regardless of $ |
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Definition
| Children's needs, not financial limits, must come first when it comes to providing educational services to students with disabilities |
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| Disabled student can only be suspended for 10 days pending completion of expulsionary proceedings |
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| School vouchers do not violate the establishment clause |
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