Legal Foundations of Education Chapter 6 Introduction to the Law Preaching vs. Teaching Letter Pedagogical Objections Ethical Objections Legal Objections.

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Presentation transcript:

Legal Foundations of Education Chapter 6

Introduction to the Law Preaching vs. Teaching Letter Pedagogical Objections Ethical Objections Legal Objections Legal vs. Ethical Legislation vs. Court Decisions

The U.S. Constitution The Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” State Constitutions

The First Amendment Congress shall make no law respecting and establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.

The Fourteenth Amendment Historical Background “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Procedural vs. Substantive Rights

Church and State Guidelines Handout; Select Issues, Religious Activities Chart: Key Cases, p. 233, 237 Funding; Child Benefit Theory; Summary, p. 236, 238, 239

Segregation and Desegregation De Jure and De Facto Plessy v. Ferguson (1896), separate but equal Stare Decisis Brown v. Board of Education (1954), Brown II (1955) Chart: Key Cases p. 243; Summary p. 241

Equal Opportunity: p.244 Civil Rights Act of 1964 Title IX, Educational Amendments Act of 1972 Affirmative Action Students with Disabilities AIDS as a Disability? Conceptual Question

Teachers’ Rights and Responsibilities (p. 248) Chart: Key Cases, p. 249 Conditions of Employment: Certification; Contracts; Collective Bargaining; Strikes Tenure Academic Freedom Book Banning; Liability for Negligence Summary statements, p. 258

Students’ Rights and Responsibilities As Citizens- Chart, Key Cases, p. 260 To an Education To Sue To Due Process; in loco parentis To Free Speech Dress Codes and Grooming Marriage and Pregnancy

Students Corporal Punishment Sex Discrimination Child Abuse and Neglect School Records; Buckley Amendment, 1974 Student Publications

Students Students with Disabilities; IDEA- “placement in the least restrictive environment appropriate”; IEPs Student Searches; Peer Sexual Harassment Educational Malpractice; Teaching  Learning? Summary Statements, p. 273