53 terms

3 FELE School Law

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