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Ingraham v. Wright
No physical punishment - corpral punishment
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Lovel v. Poway
Prevent physical injury
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Jones v. Latexco (1980)
Canine search only if reasonable suspicion. Cannot do cars without resonable suspicion
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Lau v. Nichols
No discrimination, same opportunities for ELL
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Civil Rights Act 1964
No discrimination based on sex, race, or religion
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Title 7
No sexual discrimination in the work place
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Title 9
No discrimination in Education programs supported by federal money
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14th ammendment
The right to due process
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Hoing v. Doe -1988
Cannot suspend for longer then 10 days without hearing - violates due process
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New jersey v. TLO - 1985
- Searches under resonable suspicion rather than probable cause. Acting 'in loco parentis'
- Rolling papers meant there were more in her purse.
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Goss v. Lopez- 1975
Conducti hearing before student can be suspended for long time - due process rights
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Gonzales v. McEuen - 1977
- Notice of expulsion hearing must communicate
- Nature of proceedings
- Statement of Charge
- basic rights afforded to student
- part of CA ed code
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Ed Code 48908
Requires all pupils to submit to the authority of teachers
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Ed Code 233.5
Provides general guidance regarding the teaching morals, manner and citizenship
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Ed Code 35291.5
Schools at its discretion should adopt rules and procedures for student discipline once every 4 years
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In Loco Parentis
Acting in place of the parent
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Ed Code on Suspensions and Expulsions
- Expulsion hearing within 30 days of notice
- Suspension 10 days must have due process
- Must give oral or written notice of suspension or expulsions
- Find alternative to suspension for truant or tardy students
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Williams Case 2004
Must ensure adaquate educational resources for students in the form of facility maintenace, text books, and credential teachers
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IDEA - Individuals with Disabilities Education Act
- FAPE - free and appropriate public educaiton
- LRE - Least Restricted environment
- Student with disabilities have the same right to a free public education
- IEP - Individualized Education Plan
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Section 504
Ensures that a child with disabilities has equal access to educaiton and mandates appropriate accomodations and modifications with out an IEP
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NCLB- 2002
- Standards based reform education
- Requires assesment in basic skill to be given to alll students for states to get educaitonal funding
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Palmer v. Merluzzi - 1989
Extra curricular activities are not a right
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Pierce v. the society of sisters
Due process must be used to fulfill compulsory attendance
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Engal v. Vitale - 1962
Daily prayer violates first ammendment rights
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Lemon Test
Lemon v. Kurtzman - 1971
- 1. Must have a secular legislative purpose
- 2. Principal must neither advance or inhibit religion
- 3. must not foster excessive entangle ment with religion
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Bethel v. Fraser - 1986
First ammendment and 14th ammendment do not protect vulgar and offensive speech at a school assembly, in violation of school disciplinary rule.
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Tinker v. Des Moines -1969
- Wearing arm bands is protected under the first ammendment - did not interfere with school day.
- Students do not shed constitutional rights at the door.
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Hazelwood v. Kuhlmeier
Administration has the right to sensor school newspaper to protect the safety and privacy of students - limited forum
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Sherman v. Community school district - 1992
Students do not have to say the pledge of allegiance
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Pickering v. BOE - 1968
Teacher has the right to speak on issues of public importance with out being dismissed
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Fowler v. BOE -1987
Showing inappropriate movies is not protected under first ammendment and you can be fired.
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Board of Regents v. Roth - 1972
Non tenured teacher need not be given reasons for no renewal
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Marshal v. Kirkland - 1979
Unsonstituional discrimination of female teacher promotions to administration
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Eckmann v. BOE - 1985
Constitutionally protected decision to bear child irrespective of marriage.
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