3 FELE School Law

53 terms by LauraFS 

Create a new folder

Advertisement Upgrade to remove ads

4th amendment

search and seizure, probable cause

8th amendment

cruel and unusual punishment

1st amendment

free speech

Do students have right to distribute materials?

Yes, if reasonable time, place, and manner
should be in student handbook

Can the principal approve student distributed materials?

Yes, want to make sure not disruptive

Can student distributed materials be banned?

Yes, if deemed disruptive

A moment of silence

must have an educational reason

Academic freedom

teachers have but is limited depending on grade level in K-12

Religion

cannot be school sponsored, students can initiate prayer before school, teachers can attend but cannot lead

Fellowship of Christian Athletes

teacher can sponsor but cannot be paid to sponsor FCA

Allowed school groups

if allow the Fellowship of Christian Athletes (FCA) then have to allow other groups (ie a student Nazi group)
can require that all groups have a faculty sponsor

limited open forum

limited to students
not disruptive

Who can carry out searches?

principal or principal designee

What does the principal/designee need to conduct a search?

individualized reasonable suspicion of contraband/stolen property

What types of searches can a school do?

strip search (legal but not advisable)
light pat down (same gender)
take jacket, shoes, socks off
go through backpack, purse

When do you bring in the SRO?

AFTER find drugs, call in SRO to test

What does an SRO need to search?

Probable cause unless searching for a weapon

14th amendment

Due process
student has a property right to go to school

Goss vs. Lopez

need minimal due process for a short term suspension (10 days or less)

Goss process

1 - tell student what did wrong
2 - give student a chance to tell their side
3 - if disagree, give a summary of evidence (no names)
FL adds
4 - Good faith to contact parent by phone
5 - send notice in writing within 24 hours

Expulsion

denial of right to go to school for rest of semester to the rest of the year and all of the next year

Expulsion process

1 - principal/designee create a packet based on school board policy for expelable offenses
2 - forward to district
3 - district reviews
4 - parent sent letter explaining their rights
5 - impartial hearing (administrative hearing)

Equal protection

14th amendment
some classifications get more protection

suspect classifications

race, creed, color, gender, religion
must have a compelling reason to treat differently (ie, need a female PE coach to cover locker rooms)

ADA

Americans with disabilities act
effects any business with more than 15 employees

ADA requires

job description for every position with essential qualifications
must make reasonable accommodations

Title 9

1972
gender equity (parity)
comparable
applies even if a booster group buys

FERPA

Family Ed. Rights Privacy Act

FERPA provides

- must show educational records to parents
- cannot show records to anyone not authorized
- allowed to distribute student directory information (per school board policy)
- required to give directory information of juniors and seniors to armed forces

NCLB subgroups

minimal amount determined by state

Age discrimination act

starts at 40, stops at 70, no age limit on when have to retire

97 day rule

FL Statute
during the 1st 97 days with the district, can be sent home on a day's notice

Just Cause for dismissal

- gross insubordination
- misconduct in office
- incompetency
- neglect of duty
- conviction of crime involving moral turpitude
- immorality

Gross insubordination

continuing willful refusal to obey an order (at least twice)

Misconduct in office

violation of code of ethics

Code of ethics

contained in state board of Ed. rules

Who does not get tenure

New hires and those transferring to another county

Alternative teacher certification

- have a bachelor degree in subject area teaching
- go through process established by district OR through a college

Interviewing

- can ask questions directly related to the job
- can ask if can do the job with reasonable accommodations
- cannot ask what a reasonable accommodation is

Personnel files are open to the public, what can't the public see?

W4 form
medical records
current evaluation
anything derogatory that the employee has not been given 10 day notice

META Consent Decree

agreement to avoid lawsuit over bilingual ed
requires training for teachers

Compulsory attendance

ages 6 to 16
ages 16 to 18 can dropout WITH parent permission

ESE/504

covered by IDEA
provides Free and Appropriate Public Education in the Least Restrictive Environment

Athletic eligibility

- 2.0 GPA
- home school
- private school student can participate in home school team
- charter school student can participate if charter school doesn't have their own team
- no older than 19 years and 9 months

Charter schools

public schools
- can opt out of some requilations
- must take FCAT
- charter is with the local school district
- teachers must be certified in what they teach
- admin doesn't need certification

How many sq. feet required for students?

remember the bigger/older the student the less space they need

Missing Children Statue

- schools notified by law enforcement of a missing child
- must flag file
- if get a request for file, must notify law enforcement

School Guidance Report

- submitted yearly
- notifies state of student access to guidance counselors

Immigration

Don't ask, don't tell

VISA types

- Work Visa (starts with T, E, or H)
- Green Card/Permanent Resident Card
- Executive or Special Knowledge Visa (starts with L)
- International organization (ie consolet) (starts with G)

School Advisory Counsel

- required under sunshine laws
- consists of teachers, students, parents, support staff
- each group selects their own members
- more than half have to be non-employees
- employee that is also a parent cannot act as a parent on the SAC

Sunshine Law

- may not discuss anything that may come before the board unless in public (open meeting)
- meetings must be advertized and accessible
- no one has the right to speak at meetings
- must vote in public

When can a school board meet privately?

to discuss pending legislation or collective bargaining

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set