3 FELE School Law
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53 terms
Terms | Definitions |
|---|---|
 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 |
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