Law Test

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University of Central Florida *

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Law

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Feb 20, 2024

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Law Test 1. Define statutory, constitutional, and common law. a. Statutory Law – Laws created by Congress. b. Constitutional Law – Laws established by court decisions based on the U.S. or state constitution. c. Common Law – Law established by other court decisions. 2. Identify the legal issues entailed within Settlegoode v. Portland Public Schools (2004). a. Settlegoode was a PE teacher and was fired by Portland Public Schools after trying to advocate for her special education students. b. Students with disabilities were not allowed to participate in sports and activities with their non-disabled peers. c. Settlegoode stated that the high schools in Portland were not wheelchair accessible. d. The district was in violation if the Individual with Disabilities Act. They had altered IEPs and failed to provide required services. 3. Identify what a teacher’s contract might include. a. A teacher’s contract may include: i. Duration of employment. ii. Teacher’s obligations. iii. Compensation. iv. Causes for termination. v. Procedures for nonrenewal. vi. Expectation of performance evaluations. 4. Briefly explain the five (5) elements necessary to have a contract. a. A meeting of the minds of both parties. b. Valid consideration. c. Legal subject matter. d. Competent parties. e. Definite terms. 5. Explain the term “breach of contract” and give an example of an illegal breach of contract and a legal breach of contract. a. A breach of contract occurs when either party fails to meet their contractual obligations. b. An example of an illegal breach of contract is when one party A agrees to pay $40,000 for services that party B provides. However, after the services are provided, party A only pays $10,000. c. An example of a legal breach of contract is when a catering company is low on materials to complete an order by the deadline stated in the contract. The purchaser can back out of the contract due to the caterer’s breach of contract.
6. Explain the relationship between a teacher’s Fourteenth Amendment rights and his or her job security. a. The fourteenth amendment protects citizens’ rights and due process. Unless required by state law, schools have no legal obligations to give reasons for non- renewing the contract of a probationary teacher. However, if the dismissal is due to a specific reason such as incompetence, racism, sexual harassment, or any other reputation-damaging claim, the teacher has the right to due process. 7. Define tenure and rights of tenure. a. Tenure is a status where after a certain number of years of teaching, a teacher receive protection from arbitrary dismissal. The rights of tenure are defined in state law. Most states guarantee protection for teachers who teach at least two or three years. Administrations are required to provide evidence that the teacher engaged in any transgressions that would necessitate dismissal. 8. Explain the conditions whereby a teacher with tenure may be dismissed from duty. a. In order for a tenured teacher to be dismissed, the school must ensure a fair hearing. Some of the steps necessary to conduct a fair hearing includes: i. Summary of allegations against the teacher. ii. Due process hearing. iii. Written notice of heating details. iv. Due process hearing before an impartial hearing officer or body (such as the school board or a representative group). v. Right to an attorney. vi. Ability to call witnesses in support of the teacher. vii. Right to court-enforceable subpoenas for witnesses to testify (in some states). viii. Right to cross-examine witnesses that testify against the teacher. ix. Requirement that witnesses are sworn under oath and subject to perjury. x. Record or transcript of the hearing. xi. Written findings of fact, conclusions, and appropriate punishment, if any. xii. Notification of the right to appeal. 9. Explain the “due process” rights of a teacher with tenure. a. Due process for a tenured teacher means that teachers must be provided a reason for their dismissal, and they have the opportunity to contest their termination in front if an impartial body. 10. Identify and explain the legal principle entailed within Sheehan v. St. Peter’s Catholic School (1971). a. If a teacher fails to exercise reasonable care to protect their students from injury, the teacher is negligent. In this case, Margaret Sheehan was a student at St. Peter’s Catholic School and was injured during recess. The judge upheld that it is the duty of the school to use ordinary care and to protect its students from injury
resulting from the conduct of other students where such conduct could have been prevented with ordinary care. 11. Explain the four things that a student must prove in order for a teacher to be held liable. a. The teacher owed a duty of care to the student. b. The teacher was negligent. Teachers have a duty to exercise reasonable care. c. The teacher’s negligence caused the student harm or damage. d. The student was actually damaged by the teacher’s negligence. The student must show the extent of their damages. 12. Explain how the Mancha Case (1972) modifies the principle of “reasonable care.” a. In the Mancha Case, a student was beaten by several boys during a field trip to a museum. Illinois court observed that while teachers are required to supervise their students, judges should also consider the likelihood of the injury. The likelihood of a student to be seriously injured at a museum was minimal. The burden of constantly supervising children would be too much and would prevent teachers from planning any extracurricular activities. 13. Identify three (3) typical defenses against liability and give an example of each. a. Contributory or Comparative Negligence – A student’s own negligence contributed to the injury. For example, during shop class, a student attempted to remove a piece of wood from an operating machine with her hands which goes against safe practice. The teacher had demonstrated the safe use of power tools and had given safety booklets and exams. The court ruled that the student was negligent for their own injury. b. Assumption of risk – This is usually a defense against liability in activities like competitive sports. A student teacher was injured during a game of donkey basketball. The student teacher could not sue the school district or the company providing the game because they were informed of the risk of injury and volunteered to play. c. Governmental Immunity – Teachers cannot use governmental immunity. This states that the state and its agencies could not be sued without their consent and cannot be held liable for the negligence of their employees. Governmental immunity is commonly waived for school districts. In some states, students may sue individual teachers. 14. Define defamation, slander, and libel. a. Defamation – Injuring a person’s character or reputation by false or malicious statements. b. Slander – Oral defamation; the speaking of false and malicious words that injures another person’s reputation, business, or property rights.
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c. Libel – Written defamation; published false and malicious written statements that injure a person’s reputation. 15. Define “qualified privilege” and explain how “qualified privilege” may protect teachers and administrators when charged with defamation. a. With qualified privilege, school administrators will not be liable for defamatory statements even if false if administrators are acting in good faith. 16. Identify standard reporting procedures for Florida public school teachers who must report child abuse and neglect. a. All employees and agents of schools in Florida have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect. 17. Explain the relationship between the First Amendment and a teacher’s academic freedom. a. Academic freedom is the right of teachers to speak freely about their subjects, experiment new ideas, and select appropriate materials. U.S. courts have upheld that academic freedom is based on the First Amendment. 18. Explain the term of “academic freedom” and identify its legal limitations. a. It protects the teacher’s right to evaluate and criticize existing values and practices to allow for educational progress in their classroom. The material must be relevant to the course and syllabus. School districts can still allow or prohibit certain texts or textbooks. 19. List the four legal guidelines (as discussed in class) that courts traditionally have used to determine cases involving teachers’ and students’ freedom of speech and freedom of association rights within schools. a. Do the statements involve the teachers’ duties as an employee, or are they made as a citizen about matters of public concern? b. Does the teacher’s right to discuss public matters outweigh the school’s interest in promoting efficiency? c. Was the teacher’s speech a substantial or motivating factor in the action against him or her? d. Did the administration prove that is would have taken the same action even in the absence of the protected conduct? 20. Explain the significance of the Schempp (1963) and Lemon (1971) cases. a. Schemp (1963) – Public schools cannot sponsor Bible readings and recitations of the Lord’s Prayer under the First Amendment’s Establishment Clause. b. Lemon (1971) – The Supreme Court found Pennsylvania and Rhode Island violated the First Amendment’s Establishment Clause by making state financial aid available to church-related educational institutions. 21. Explain teachers’ and students’ due process rights related to “search and seizure” while in school. a. Teachers are subject to search and seizure for specific purposes. Teachers cannot claim privacy rights in their workspaces while other staff members have regular
access to those spaces. Teachers who are suspended or terminated should be given reasonable time to remove personal belongings with a representative to ensure no school property is being taken. b. Schools are allowed to search students’ property if they have a justified reason to do so. Schools are also not allowed to search students’ property if they have broken a school rule. Instead, schools are allowed to search and seizure if a law is broken or students’ safety is in question. 22. Explain the legal idea of “reasonableness” as established in New Jersey v. T.L.O. (1985) and give one example of “reasonable cause” for search and one example of “unreasonable cause” for search. a. The court recognized that students have a legitimate right to privacy and that searching their personal items is an invasion of privacy. b. Reasonable cause – A crime or violation has been committed by the student. Example: A student is rumored to have brought a gun to school. The school administrators use the tip to search the students’ vehicle. c. Unreasonable cause – An arbitrary school rule is broken by the student. Example: A student’s phone is confiscated by administrators. Since the school’s cellphone policy was violated, administrators search the student’s messages. 23. Define racial and sexual discrimination. a. Racial discrimination – Treating someone unfavorably because of their race. b. Sexual discrimination – Treating someone unfavorably because of that person’s sex, sexual orientation, gender identity, or pregnancy. 24. If a teacher believes that he or she has been a victim of racial or sexual discrimination by another teacher, school board, or school administrator, what does he or she have to prove in such cases? a. Employees who sue have the burden to provide the evidence for their claim. The plaintiff has to provide circumstantial evidence. 25. Briefly explain the significance of Lau v. Nichols (1974). a. School districts receiving federal funding must provide non-English-speaking students with instruction in the English language and ensure they receive an equal education. 26. What is F.E.R.P.A. and what particular problems with student records and information warranted the passage of F.E.R.P.A.? a. The Family Educational Rights and Privacy Act was passed by Congress due to the abuses in the use of student records. Specifically, schools provided student information to outsiders while denying information to students and their parents. Information gathered about the students’ health, guidance, and psychological development was open to any personnel but not to parents.
27. Under F.E.R.P.A., who has access to student records and information and under what conditions may that access change? a. The school and required personnel (a student’s teacher, for example) has access to the students’ records and information. Parents have the right to inspect and review their child’s record. This information cannot be released to outsiders without parental consent. This is only bypassed by other teachers in the school who have legitimate educational interest in the student, or if required by a court order. 28. Identify the conditions upon which school administrators may regulate teacher and student dress and grooming. a. Schools are allowed to regulate teachers’ grooming and would only be struck down if teachers can prove that they are unreasonable. Courts have also ruled that teachers do not have the right to dress however they want in schools. b. Most courts have upheld that students have the constitutional right to choose the length of their hair and that grooming is a constitutional right. Student clothing styles are not protected by the Constitution. They are not allowed to wear the clothing of their choice. Schools have the authority to ban T-shirts with specific messages (sexual references, tobacco, drugs, etc.) or any other items that may disrupt others. 29. Explain the rights teachers and students have to the Internet within schools. a. The Children’s Internet Protection Act required public schools to use filters to prevent students from accessing obscene material. Schools are allowed to install software to filter the internet by blocking sites or software that has control options. 30. Identify the main academic requirements of the Every Student Succeeds Act and the main non-academic requirements of the Every Student Succeeds Act. a. The Every Student Succeeds Act (ESSA) requires every state to measure performance in reading, math, and science. b. ESSA requires every state to develop an easily understandable “State Report Card” that is accessible online and provides information on test performance. c. ESSA increases transparency with parents to help them make the best choice for their children. d. ESSA extends the flexibility for funds to be invested in career and technical education. 31. Sketch out what the US Supreme Court has ruled on the issue of funding inequities within states. a. The US Supreme Court ruled that Constitution did not require states to fund their schools since education is not a right under the Federal Constitution. However, education is a right under the laws of every state. b. Some groups have come brought cases challenging the funding system of states. Plaintiffs have won in 24 states. State funding has been upheld in 18 states
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(including Florida). Results were mixed in Arizona. There has been no decision in Delaware, Hawaii, Iowa, Mississippi, Nevada, and Utah. 32. In a Google search, type in Morse v. Frederick, 127 S Ct. 2618 (2007). After reviewing the case, identify the legal issues involved, identify the ruling of the Court, and evaluate the ethical merits of the Court decision. a. The Supreme Court ruled that the First Amendment does not prevent school administrators from restricting student expression that reasonably is viewed as promoting the use of illegal drugs. b. The Constitution offers lesser protections to certain types of student speech at school or school-supervised events. The student’s message could reasonably be viewed as promoting illegal drug use. c. The Court upheld that schools have the ability to take steps to safeguard their students from speech that could be seen as promoting illegal activities such as drug use. 33. Identify the US circuit court of appeals of which Florida is a part. a. Florida is under the jurisdiction of the Eleventh Judicial Circuit.