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23 Cards in this Set
- Front
- Back
• Speech of public concern is protected
• Teacher must provide burden of showing constitutionally protected conduct was motivating factor in the termination • Probationary teachers are not allowed full due process in termination |
Mt. Healthy School District Board of Education v Doyle, 1977
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• “Tinker” for teachers
• Public school teachers have constitutional rights that they can exercise • Tenured teachers establishment • “Arbitrary and capricious” |
Pickering v. Board of Education, 1968
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• Public v. Private concern
• Set lines of freedom of speech according to Pickering • Cannot dismiss for speaking out on issues of “public” concern • Employees can be dismissed if speech is of a private matter rather than a public concern • Established when a public employee can exercise freedom of speech • Case was outside educational setting |
Connick v Myers, 1983
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• Immunity from tort claims
• Public schools funded by taxes so suing the school, court determined individuals would be suing themselves. • Sovereign immunity |
Aliffi v. Liberty County School District, 2003
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• Schools must provide protection from liability for all good-faith, non-malicious actions taken to fulfill duties
• Due process and best interest of all involved • School officials do not have absolute immunity |
Wood v Strickland, 1973
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• Pubic officials cannot sue for defamation, absent of malice on the part of the other party
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New York Times Co v Sullivan, 1964
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• Principals and teachers are not public officials
• Principals must allow for certain criticism because they are a public figure • Criticism must not be with actual malice that hurts the reputation and character of principal |
Ellerbee v Mills, 1992
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• Curriculum mandated by the state and local boards of education
• 10th Amendment gives authority to the states to have jurisdiction over public education |
Meyer v Nebraska, 1923
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• Selection or deletion of books that contain vulgar, obscene or sexually explicit language
• School boards do not have unlimited discretion to remove books previously placed on library shelves. |
Board of Education v Pico, 1982
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• States have power to specify curriculum in public schools
• Curriculum cannot infringe upon constitutional rights of the people • Scopes “Monkey Trial” of 1927 (Teaching of Evolution) |
Epperson v Arkansas,
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• Creativism or creation science
• Advancement of a particular religion • Louisiana law to teach creativism ruled unconstitutional |
Edwards v Aguillard, 1987
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• School districts must show just cause by providing evidence when terminating a tenured teacher
• Do not have to follow recommendations of hearing committee • Conviction of a felony or a crime of moral turpitude |
Gillet v Unified School District, 1980
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• Established community standards for education and termination
• 1. Physical or mental conditions-unfit to perform duties • 2. Immoral conduct • 3. 3 I’s—incompetency, inefficiency, and insubordination • 4. Willful, persistent violation of school laws • 5. Excessive or unreasonable absences • 6. Conviction of a felony |
Erb v Iowa State Board of Public Instruction, 1974
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• School sponsorship of prayer violated First Amendment
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Abington School District v Schempp, 1963
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• State-sponsored religion expression violates the United States Constitution
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Engel v Vitale, 1962
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• Established standards for teaching religion within the curriculum
• 1. Must have a secular purpose • 2. Neither advance nor inhibit religion • 3. Not foster excessive entanglement with religion |
Lemon v Kurtzman, 1992
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• Voluntary Spoken Devotionals
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Lee v Weisman, 1992
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• Limited open forum for non-curriculum student groups to meet during non-instructional time
• Cannot deny access to specific student groups based on religious, political or philosophical content • School employees must maintain a “non-participatory capacity” |
Board of Education of Westside Community School v Mergens, 1990
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• If public schools allow community meetings to be held in their facilities after school hours, they cannot deny access to religious groups
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Good News Club v Milford Cent. School, 2001
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• Overturned Plessy v. Ferguson
• “Separate but Equal” terminated • Desegregation of public schools |
Brown v Board of Education, 1954
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• Education under Plessy v. Ferguson was not equal and could not be made equal
• Equal protection under the law even if physical facilities and other factors are equal must be established |
Bolling v Sharp
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• “Separate but Equal”
• Segregation |
Plessy v Ferguson, 1896
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• Dealt mostly with taxes
• States would not pay for desegregation, federal judges would mandate tax increases to pay for desegregation • Last case on desegregation heard by the Supreme Court |
Missouri v Jenkins
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