Deck 13: Teachers, Students, and the Law

Question 1

Even though the word education is not found in the constitution, what gives Congress the power to enact legislation providing for research and support of educational programs and providing financial assistance to education?

A)Secretary of Education decides the education policy and then Congress enacts laws on education.
B)Constitution gives power to provide for the general welfare in the U.S.
C)Congress has no authority to enact education legislation
D)President instructs the congress on matters of education

Answer 1

B

Question 2

Nate is running for class president against a popular opponent, Parker.Nate's speech for president was full of derogatory language against Parker.He concluded his speech with the statement: Parker is so Gay! Nate was suspended for his speech.What is the view of the court?

A)Nate has freedom of speech and cannot be suspended
B)Nate has the right to have a hearing
C)School can suspend him for using derogatory and obscene language
D)Nate is only telling the truth about Parker

Answer 2

C

Question 3

In United States v Board of Education for the School District of Philadelphia, 1990, a Muslim woman sought to dress in traditional attire for her religion while teaching.How did the courts rule?

A)Due to freedom of religion, she can wear her traditional dress
B)Decision left to the school system
C)Dress of the teachers and students is based on the community
D)She was prohibited from wearing religious garb

Answer 3

D

Question 4

A pregnant student is told by the school that she cannot participate in band and must withdraw from the school.What are the legal rights of the student?

A)School districts have the rights to establish
B)Have the same rights as other students and can attend school
C)Schools can determine when a student must withdraw from school
D)Title IX allows exclusion from extracurricular activities

Question 5

According to FERPA, Ms.Clark has certain right with regards to her son's school records.What would NOT fall under FERPA

A)Inspect child's school record
B)Place a statement of disagreement in student records
C)Clear any behavior records
D)Challenge accuracy of information

Question 6

The U.S.Supreme Court ruled that corporal punishment of students is not constitutionally prohibited.What must school officials follow to administer corporal punishment?

A)Not use excessive force
B)Can be administered by any school personnel
C)Parental consent form
D)Use a paddle

Question 7

Mr.Crosby is a tenured teacher who is being dismissed.According to due process, which of the following is NOT a procedure for the proceeding for his dismissal?

A)Notice of charges or reasons for dismissal
B)The right to legal counsel
C)Students are used as witnesses to the behavior
D)A hearing before an impartial party

Question 8

One of Mr.Murphy's fourth grade student's broke her arm on a field trip to the aquarium.The girl's parents claim Ms.Murphy was negligent and sued.How will the court decide if the teacher was negligent?

A)Courts can take the position that an effective teacher should be able to foresee any student injury
B)Court will automatically hold her responsible as the supervising person
C)Court will determine whether Ms.Murphy exercised a standard of care that was reasonable and prudent
D)Courts never hold teachers responsible for the actions of students

Question 9

Mr.Marshall has been teaching high school for three years with a five year teaching certificate.The state is now imposing an additional technology course for certification.How can Mr.Marshall get out of this additional requirement?

A)His certificate could be revoked if he does not meet additional requirements
B)His five year certificate means he does not have to meet the additional requirements
C)Courts do not uphold additional requirements for certification
D)Ask for a probationary certificate

Question 10

Cassidy is required to go to school from the time she is six years old to the time she is sixteen years old.Who has the power to decide when Cassidy is required to go to school?

A)Federal government
B)State government
C)Local government
D)Local Board of Education

Question 11

Mr.Connor is a popular seventh grade math teacher.Recently his wife had a baby.During and after the pregnancy Mr.Connor was habitually late or left early.His lessons were incomplete, so the students spent their extra time cleaning the classroom.Why did the school system dismiss him?

A)Incompetence
B)Laziness
C)Insubordination
D)Criminal activity

Question 12

A Florida teacher developed a fraudulent charitable organization and was collecting checks in the mail.The teacher pleaded guilty to mail fraud.What happens to this teacher's certification?

A)Placed on suspension for a period of time
B)Required to complete counseling to keep certification
C)Certificate revoked due to moral turpitude
D)Certificate restricted to support position

Question 13

Mr.Duncan is walking down the school hallway when he sees two students acting suspicious.As Mr.Duncan walks by, one of the students throws a small package into his locker.Mr.Duncan contacts the Assistant Principal.What right does the school have to search the locker?

A)Random searches of belongings violate Fourth Amendment
B)Schools may search lockers and desks and let parents know this is normal procedure
C)Lockers are the student's private possession
D)Schools can only open locker if the student is present

Question 14

Ms.Bloom would like to break her teaching contract to join her husband in another state.Who must approve her request?

A)Principal
B)Professional Licensing Board
C)Local court system
D)Local school board

Question 15

What is it called when one person (plaintiff) brings a suit against another (defendant) to obtain damages?

A)Tort
B)Negligence
C)Civil law
D)Justice

Question 16

A teacher was dismissed when it was discovered that he had placed an ad soliciting sex on the Internet, complete with inappropriate pictures of himself (San Diego/Unified School District v.Commission on Professional Competence, 2011).Why was he dismissed?

A)Incompetence
B)Immoral conduct
C)Internet pornography
D)Parental outrage

Question 17

Ms.Disac is a first grade teacher and her principal assigned her to perform traffic duty.Ms.Disac files a complaint to the courts.How do you think the courts will rule?

A)Loses her job over the law suit
B)Cannot be required to perform traffic duty
C)Must accept the assignment her principal has given her
D)Needs to be compensated for the extra duty

Question 18

A teacher was dismissed for writing a letter to a newspaper criticizing school official's fund-raising practices.How did the Supreme Court rule?

A)Dismiss the teacher violating the school contract
B)Have the teacher follow the chain of command by first voicing opinion to principal or local superintendent
C)Teachers have a right to freedom of speech if it involves matters of public concern
D)School system has the right to dismiss teacher for insubordination

Question 19

Court decisions have been inconsistent when it comes to sexual activity and teachers, although there is a trend towards providing more freedom in their private lives.What might be a reason for a teacher to be dismissed for sexual activity?

A)Living unmarried with a member of the opposite sex
B)Pregnant out of wedlock
C)Homosexual private life
D)Being an exotic dancer in a strip club

Question 20

Eric has multiple piercings on his body, which violates the school dress code.What will the court consider in their ruling?

A)Dress codes are rules in the school and must be withheld
B)School does not have to have a reason for suspension
C)He has no freedom of expression while in school
D)Dress code must aim to protect safety or prevent distraction that interferes with learning

Question 21

What is the importance of the Family Education Rights and Privacy Act of 1974 (FERPA) to a student?

Question 22

In school, discuss how freedom of religion is different for teachers and compare this to freedom of religion for students.

Question 23

Explain in loco parentis:

Question 24

Cheating in general is on the rise especially with the capabilities provided by the Internet.Describe the effects plagiarism has on education.

Question 25

After the landmark decision of Brown v.Board of Education of Topeka, how have court decisions impacted education?

Question 26

What are the two primary advantages teachers maintain with tenure?

Question 27

A teacher interviews for a chemistry teaching position at West Elm High School.Once employed by the school district, what legal responsibility does the local school board and principal have to provide this teacher a teaching position?