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EDUC 662 Final Exam

A. Religion is allowed as part of curriculum. Several court cases have served as

guidelines including “School district of Abingdon Township v. Schempp”. In the
Supreme Court decision, the court said “It might well be said that one's education
is not complete without a study of comparative religion or the history of religion
and its relationship to the advancement of civilization. It certainly may be said
that the Bible is worthy of study for its literary and historic qualities. Nothing we
have said here indicates that such study of the Bible or of religion, when
presented objectively as part of a secular program of education, may not be
effected consistently with the First Amendment.” The key idea is schools must be
completely neutral in discussions on religion, but they can use the Bible or other
religious material in lessons. Schools can even has classes on the Bible or classes
comparing religions.
B. Privacy and student records are an important issue. These days much more
information is contained in student records because of automation and the need to
keep information for IDEA, standardized test scores etc. By law, the definition of a
student record is “records, files, documents, and other materials [directly related to
a particular student] maintained by an educational agency or institution” (FERPA).
Student records are divided into two categories, directory and non-directory. Non-
directory information is protected. Items such as social security number, race,
gender and grades are protected. Directory items such as name, address, and phone
number, date and place of birth, honors and awards, and dates of attendance are not
protected information (unless requested to be private by parents). Who should have
access to the information? Parents, authorized third parties (with consent of
parents); teachers and administrators who establish a “legitimate interest”; other
schools to which a student is transferring; specified officials for audit or evaluation
purposes; appropriate parties in connection with financial aid to a student;
organizations conducting certain studies on behalf of the school; accrediting
organizations; to comply with a judicial order or subpoena; appropriate officials in
cases of health and safety emergencies and students who are 18 are able to access
the student’s records. Some states allow law enforcement that seeks information
related to an investigation access to records.
C. Discuss copyright laws. The TEACH act of 2001 gives guidelines for teachers.
Teachers may make multiple copies for classroom use from printed materials as
follows; poems less than 250 words, up to 250 words from a poem longer that 250
words, articles and essays less than 2,500 words, up to 10% from larger works; one
chart, picture, graph, cartoon per book or periodical. Some restrictions apply.
Copies must be from legally acquired originals. Only one copy per student.
Teachers can make copies up to nine times per term. Consumables (workbooks)
cannot be copied. Video information can be used without any restriction on length,
percentage or multiple use and copies can be made to replace lost, damaged, or
stolen copies. Video must be legally acquired, not for entertainment (no blockbuster
video rentals in class). As for Internet material, images may be downloaded for
student projects, sound files can be downloaded for student projects, but only 10%
can be used in projects. All files must be legitimately obtained (no limewire or
illegal music sharing sites).
D. Student Dress. Tinker v. Des Moines Independent School District is the leading
case on student dress. The school policy was unconstitutional because the dress
must be a “substantial disruption or material interference with school activities”.
Schools may prohibit lewd, vulgar, profane or offensive dress. School uniforms are
legal because it promotes school safety and order. Schools do not have to wait for
an actual disruption to take place before regulating dress. Community values can
also play a part in dress codes. The main idea is that student dress cannot create a
E. Civil Rights. Title VI of the 1964 Civil Right Act prohibits discrimination on the
basis of race, color, and national origin. Title IX of the Education Amendments of
1972 prohibits sex discrimination. Section 504 of the Rehabilitation Act of 1973
prohibits discrimination based on disability. The Age Discrimination Act of 1975
prohibits age discrimination. A person’s civil rights might be violated if any
decision is made solely on any of the items above. For example Title IX can be
invoked if not enough women’s sports are made available.
F. Students with special needs. NCLB (No Child Left Behind), IDEA ( Individuals
with Disabilities Education Act), ADA (Americans with Disabilities Act) and the
McKinney-Vento Act requires students receive a “Free and Appropriate Education”.
Schools must provide IEP ‘s that plan for the modifications and accommodations
for students under IDEA. NCLB targets high poverty and at risk students, while
McKinney-Vento provides for homeless students.
G. Tort. A tort is a civil wrong, misconduct which society may or may not deem “bad”
enough to warrant being a crime but in any event is “bad” enough to make the
wrongdoer financially liable for injuries suffered by the victim of the “bad” act.
The categories of tort liability are negligent and intentional actions, Intentional bad
actions, grossly negligent actions or inactions, negligent actions or inactions, and
innocent actions or inactions.
H. Education malpractice involves the idea that the student did not receive the
education he was entitled. The plaintiff has to show: (1) the principal or teacher
owed the student a duty; (2) the principal or teacher breached the duty owed; and
(3) the principal or teacher’s breach of duty was the cause of injury or loss suffered
by the student. Claims based on federal statutes are unlikely except for IDEA
complaints. States may be more likely to be subject to suit. Technology has made
data more available for review. Standardized tests give people information on
individual student progress and schools now receive grades. In Scheelhaase v.
Woodbury the teacher was fired because her students scored low on standardized
tests. Most cases fail, however. Teachers could be sued if they don’t show student
improvement on standardized tests. Teachers are now more accountable than ever.
I. Medications. Students can receive medication during the day if parental consent and
dosage information is on file with the school. Some schools allow self
-administration for students deemed capable and a need exists. Generally,
medication is a local school board issue. Administering of student medications are
normally handled by the school nurse, who keeps all medication in their office
along with parental consent forms. There must be policies set up for children with
disabilities. Some states provide legal protection for teachers administering
medications in emergency situations. School administrators must weigh student
health and safety with liability in setting up policies.
J. Title IX has had a huge impact on public education. It not only applies to sports
programs, but also to academics. Schools must show that they are providing the
same opportunities to men and women. The office of civil rights monitors schools,
which receive federal funds for compliance. Schools are required to provide equal
financial assistance based on number of male and female athletes. Schools must
also provide equal accommodation of interests and abilities. The selection of sports
and level of competition must be accommodated. Opportunities must be
substantially proportionate between male and female. Where the members of one
sex have been and are underrepresented, the school must show a history and
continuing practice of program expansion, which is demonstrably responsive to the
developing interests, and abilities of that sex or show the members of that sex have
been fully accommodated by the current program. Other components looked at are
equipment and supplies, scheduling of games and practice times, travel and per
diem allowances, opportunity to receive academic tutoring, opportunity to receive
coaching assignment and compensation, locker rooms and facilities, medical
facilities, housing and dining, publicity, support services, and recruitment. Title IX
has required schools to spend more time and money on women’s sports. In some
cases money must be taken from the men’s programs to provide for the women’s.
Some colleges have chosen to drop some means sports completely. To defend a
sports program against a discrimination charge a school must show they are
meeting the requirements mentioned above.