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Legal Foundations of Education Chapter 6
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Introduction to the Law Preaching vs. Teaching Letter Pedagogical Objections Ethical Objections Legal Objections Legal vs. Ethical Legislation vs. Court Decisions
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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
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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.
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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
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Church and State Guidelines Handout; Select Issues, Religious Activities Chart: Key Cases, p. 233, 237 Funding; Child Benefit Theory; Summary, p. 236, 238, 239
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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
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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
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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
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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
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Students Corporal Punishment Sex Discrimination Child Abuse and Neglect School Records; Buckley Amendment, 1974 Student Publications
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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
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