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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 on theme: "Legal Foundations of Education Chapter 6 Introduction to the Law Preaching vs. Teaching Letter Pedagogical Objections Ethical Objections Legal Objections."— Presentation transcript:

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2 Legal Foundations of Education Chapter 6

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

4 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

5 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.

6 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

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

8 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

9 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

10 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

11 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

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

13 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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