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Legal Foundations of Education

Legal Foundations of Education. Chapter 6. Introduction to the Law. Preaching vs. Teaching Letter Pedagogical Objections Ethical Objections Legal Objections Legal vs. Ethical Legislation vs. Court Decisions. The U.S. Constitution.

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Legal Foundations of Education

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  1. Legal Foundations of Education Chapter 6

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

  3. 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

  4. 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.

  5. 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

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

  7. 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

  8. 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

  9. 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

  10. 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

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

  12. 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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