Study Guide--EDA 5410 Final Exam
The test will consist of multiple choice, matching, short answers, fill-in-the-blank, a “Legal or Not Legal” section and some essays. This is a closed note/book test. There are some things you just need to know! This review guide may not be a complete and exhaustive list of questions, although it is pretty close. If you review the materials provided in class, do the required readings and take good notes, you should do very well on the test. (I have had to give very few Cs!) Be sure you have identified and know those topics emphasized by the instructor in class. This may look like a lot of information. That isn’t an illusion. However, if you’ll just follow this guide you’ll be ready. Again, if you have any questions between now and test time don’t hesitate to ask! Also, I have a test review session planned just prior to the test itself—Law Jeopardy—that will be helpful. So just relax, study hard and you will be fine! The test will include, but is not limited to: 1) Local, State and Federal Legal Authorities (prioritized)—See the PowerPoint slide where we ranked these. On the test, I only ask for 6 or 7 of the main authorities to be ranked. 2) Know these U.S. Constitutional Provisions: 1st Amendment 4th Amendment 5th Amendment—due process 14th Amendment Establishment Clause Free Exercise Clause Article X of the Illinois State Constitution Tenth Amendment to the U.S. Constitution 3) Landmark Cases: This section requires you to match the case name with a corresponding statement. For example: New Jersey v. T.L.O. would be matched with search and seizure. Brown v. Board of Ed , Goss v. Lopez, Lee v. Weisman, New Jersey v. T.L.O, Pickering v. Board of Ed., (Lemon v. Kurtzman , Agostini, Aguilar and Mitchell v. Helms) Wisconsin v. Yoder, Honig v. Doe, The Committee v. Edgar, (Morse v. Frederick, Bethel v. Fraser, Tinker v. Des Moines, Hazelwood v. Kuhlmeier) 4) Other concepts you’ll need to know: Statutory Law Case Law The Illinois and Federal Court Systems T.L.O. Test/Searches Curriculum/Instructional Issues: Be able to answer questions from the intro PowerPoint Teacher Free Speech—Mayer Case Calendar & school day requirements Basic FERPA and Illinois Student Records Act requirements information
Basic Personnel Records Act information Compulsory attendance: age requirements in IL for special ed and regular ed students Residency—nonresidents/illegal aliens/ homeless students Tuition for Non-Residents Basic Home Schooling issues Transportation & fees School Facility Usage Equal Access Act--open-forum, non-public forum, limited public forum (non-curricular student groups and community groups) Student Dress Parameters Extra-curricular activities—right or privilege? Individuals with Disabilities Act – What basic rights does it provide children with disabilities? Student Due Process – short essays Due process –define substantive due process (is it fair—does the punishment fit the crime) and procedural due process (did you follow your own procedures and were these procedures consistent with established law) Due process required for de minimis offenses Due process required for suspension Due process required for expulsion Student handbook (To be effective, must follow 6 criteria…) Off-campus discipline issues Statutory reasons to dismiss a tenured teacher for cause Employee rights—in general American Disabilities Act Civil Rights OCR (Office of Civil Rights) IELRB IELRA First Amendment Issues Church and State – Establishment Clause and Free Exercise Clause Jurisprudence State/School imposed devotional activities or prayers. Religious displays holiday seasons Proselytization Special education services to private school students School publications T-shirt messages MySpace, student off campus activities Speech Acceptable Use Policies Reciprocal Reporting Agreements Mandated Reporters Special Ed. Issues Manifestation hearing IEP FAPE Related Services Discipline
504 RTI Tort Liability for School Personnel Constitutional Torts 42 U.S.C. 1983 Qualified Immunity Illinois Tort Immunity Act Willful and Wanton Negligence In loco parentis Research Educational Law What is a case citation? What are Reporter Systems? How do you find provisions in the ILCS? Court Jurisdictions (What are your courts?) Powers and Duties of School boards Board Rules and Regulations Civil Rights Titles IX 504 and IDEA Equal Pay Act ADA Constitutional Torts Sexual Harassment Teachers, Other Certified Personnel and Non-Teaching Employees Certification Employment Contracts Duties and Authority Tenure Dismissal/RIF Evaluation Principal Contracts—Multi-year vs. Annual
Essay Questions
1. Discuss the status of the law governing religious influences in public schools, including studentinitiated devotionals, meetings of student religious clubs, religious displays and religious holiday observances. 2. What is the scope of students’ free expression rights in public schools? How have courts balanced students’ First Amendment rights and school authorities’ duties to maintain a proper school environment in connection with verbal and nonverbal student expression, student publications, and student grooming/attire? 3. Discuss important principles of law that should guide educators when they design policies to regulate student behavior. What types of conduct can be prohibited, and what penalties for misbehavior can be imposed for regular and special education students? 4. Discuss the status of the law governing student and employee searches in public schools, including locker and personal searches and drug testing programs. 5. Discuss the legal protections and restrictions of teachers’ free speech rights and lifestyle choices.
6. Compare and contrast due process requirements for tenured and nontenured teachers. What conditions evoke due process and what procedures must be followed? 7. What is the law regarding educator liability? What is qualified immunity?