Miscellaneous Legal Terms Landmark Cases Students Rights & R estrictions Law and the Public Schools JEOPARDY

QUESTION: This term means in place of parents. ANSWER: In loco parentis

QUESTION: The is the basis for legal challenge. ANSWER: Cause of Action

QUESTION: This is a lack of proper care; failure to exercise prudence, which my result in injury to another. ANSWER: Negligence

QUESTION: This term describes improper performance of a lawful act. ANSWER: Misfeasance

QUESTION: A judicial process whereby a case is moved from a lower court to a higher one for review. ANSWER: Writ of Certiorari

QUESTION: This local case said in the ruling, “Students do not leave their rights at the schoolhouse door.” ANSWER: Tinker vs. Des Moines (1969)

QUESTION: This case ruled that school initiated-prayer in the public school system violated the First Amendment. ANSWER: Engel vs. Vitale (1962)

QUESTION: This 1954 case ended racial segregation of schools because all citizens have “equal protection under the law.” ANSWER: Brown vs. Board of Education of Topeka, KS

QUESTION: This case ruled that homeschooling is an “enduring tradition” in the United States, and Amish families did not have to keep their kids in school past eight grade because that requirement violated their freedom of religion. ANSWER: Wisconsin vs. Yoder (1972)

QUESTION: This case ruled that student journalists don’t have the same “public forum” as adult journalists since a school newspaper is part of the curriculum. ANSWER: Hazelwood School District vs. Kuhlmeier (1988)-not Iowa

QUESTION: The Bible can only be used as this in public schools. ANSWER: Historical text/document

QUESTION: Students are entitled to all First Amendment guarantees so long as they do not cause this of the school setting. ANSWER: Material or substantial disruption

QUESTION: FAPE is an acronym under the IDEA Act of 1990 that provides this for entitled students. ANSWER: Free and Appropriate Public Education

QUESTION: School teachers and administrators are held to this standard prior to conducting a search or seizure of a student. ANSWER: Reasonable suspicion

QUESTION: Once a district voluntarily makes its facilities available for use by groups after school, it could not enforce rules designated to exclude religious groups under this. ANSWER: Equal Access Amendment and/or Limit Open Forum

QUESTION: This clause prohibits the state from passing laws that aid a religion or show preference of one religion over another. ANSWER: Establishment Clause

QUESTION: An employee who requests up to 12 weeks of leave to care for a child or is diagnosed with a serious health condition themselves would be provided leave under this act. ANSWER: Family and Medical Leave Act (1993)

QUESTION: Under this act, a school that fails to make adequate progress must continue to make public school choice available to parents. ANSWER: No Child Left Behind

QUESTION: This term means that a teacher has earned a property right to a teaching position and is protected from arbitrary and capricious treatment. ANSWER: Tenure

QUESTION: This act was passed with the express intention to protect the confidentiality of student records. ANSWER: Family Educational Rights and Privacy Act (FERPA)

QUESTION: Iowa is in this circuit court system. ANSWER: 8th

QUESTION: A district may make a unilateral disciplinary change of placement for this many days when an entitled students misconduct involves bringing a weapon to school, possession of drugs, or serious bodily injury. ANSWER: 45 days

QUESTION: Whenever a student or staff member is disciplined (or a school administrator recommends expulsion) this process must be followed as guaranteed in the constitution. ANSWER: Due Process (Substantive and Procedural)

QUESTION: This act was enacted by Congress after September 11, 2001 to authorize U.S. law officials the latitude to investigate and preempt potential terrorist acts. ANSWER: The Patriot Act

QUESTION: This section of the Rehabilitation Act of 1973 that provides accommodations for students does not require affirmative action on behalf a disabled persons but merely requires no discrimination against them. ANSWER: Section 504

QUESTION: This 1972 federal law prohibits discrimination based on sex by educational institutions with the objective to prohibit using federal financial money to support discriminatory practices and to give individual citizens effective protection against those practices. ANSWER: Title IX

QUESTION: This act allows students to seek monetary damages from school officials that willfully violate their constitutional rights. ANSWER: Civil Rights Act of 1872 (Section 1983)

QUESTION: What does the acronym FERPA stand for? ANSWER: Family Education Rights and Privacy Act

QUESTION: To prove negligence, a duty, brech of duty and this have to be proven in a law suit against a school (or school employee) for damages to be awarded. ANSWER: Injury

QUESTION: This is the wiki site of where the School Law Class documents and resources are located online. ANSWER:

Remember…don’t do anything I wouldn’t do! Whatever you didn’t learn in this class you may get to learn the hard way! And…stay off the news!