Deck 9: Legal Aspects of Education

Question 1

Most school districts grant tenure to a teacher after a brief probationary period. Teachers have certain employment advantages with tenure, and it is very difficult for a district to dismiss a tenured teacher. What advantages do teachers have with tenure? Identify and discuss the reasons for which a district could seek to dismiss a tenured teacher.

Answer 1

Tenure provides job security by preventing teachers from being dismissed without cause and by requiring that due process be followed in termination cases. The causes for which a tenured teacher can be dismissed include incompetence, immorality, insubordination, and unprofessional conduct. Answers could include a discussion of the due process procedures and illustrations of each of these causes for dismissal.

Question 2

Citizens are guaranteed the right of free speech and expression in the U.S. Constitution's

A)equal protection clause.
B)establishment clause.
C)Fourteenth Amendment.
D)free exercise clause.

Answer 2

D

Question 3

When questions arise about whether a teacher's right to free expression is protected, a major concern is whether the behavior in question

A)negatively affects the school's operation.
B)is allowed by school board policy.
C)is permitted in the teacher's contract.
D)limits academic freedom.

Answer 3

A

Question 4

The property interests of tenured teachers for continued employment are based on the

A)Fourteenth Amendment.
B)establishment clause.
C)First Amendment.
D)free exercise clause.

Question 5

Organized and mandated prayer and Bible readings are ________________.

A)allowed in a public school
B)allowed in a public school after hours only
C)not allowed in a public school
D)allowed with prior approval

Question 6

The rules and principles that a district must follow when attempting to dismiss a tenured teacher are mandated by the

A)breach of contract guidelines.
B)due process guidelines.
C)establishment clause.
D)free exercise clause.

Question 7

Most cases involving elementary or secondary education are filed in which courts?

A)federal
B)state
C)appellate
D)supreme

Question 8

Extensive video surveillance can violate the student's __________________.

A)first amendment rights
B)fifth amendment rights
C)personal space
D)fourth amendment protection against search and seizure

Question 9

If a high-school student is injured in a classroom science experiment, the teacher is most likely to be found negligent if

A)the teacher was in another part of the room when the accident occurred.
B)the teacher had not informed parents in advance of the potential danger of the experiment.
C)the students had been permitted to assemble the equipment for the experiment themselves.
D)the students had received no instruction in how to conduct the experiment.

Question 10

A friend of yours who teaches in a public elementary school has been fired for incompetence, and he is contesting the district's action. He is most likely to get his job back if

A)he tells the court he will take courses to improve his teaching.
B)his principal counseled him to resign prior to his dismissal.
C)he was tenured at the time of his termination.
D)his district did not document attempts to help him improve.

Question 11

Teachers need to be familiar with the legal principle of fair use when

A)identifying student helpers in the classroom.
B)letting children take turns using classroom materials.
C)photocopying materials for classroom use.
D)selecting textbooks to be used in the classroom.

Question 12

Background checks of potential employees is not new; however, the advent and proliferation of social media has added a new dimension to the traditional fingerprinting and criminal background check. LinkedIn, Twitter, Facebook, and the like, have become powerful tools for keeping in touch and expressing ideas. Describe how these forums can also be used a tool for investigating applicants.

Question 13

Those who are opposed to the concept of government-supported religion would find support for this notion in the U.S. Constitution's

A)equal protection clause.
B)establishment clause.
C)Fourteenth Amendment.
D)free exercise clause.

Question 14

An elementary school requires students' parents to sign a consent form prior to any field trip or activity off the school grounds. Legally, such consent forms can be used to

A)inform parents of their children's whereabouts during an activity.
B)reduce the supervision needed for the activity.
C)release teachers from liability in case of an accident.
D)release the school district, but not the supervising teachers, from liability.

Question 15

An instructional media teacher who regularly videotapes copyrighted TV programs for use by classroom teachers in his middle high school is violating copyright laws if he

A)allows a teacher to show the same tape once during the first ten days after the initial taping.
B)keeps the videotape on file in the school library for thirty days after the taping.
C)makes the tapes without an advance request from one or more teachers.
D)erases the videotape after forty-five days.

Question 16

When signs of child abuse are recognized by a teacher,

A)the teacher is required to report the abuse to the proper authorities.
B)most states discourage the reporting of child abuse because it so prevalent.
C)since there are few policies established by school districts, teachers must make their own decision about reporting the abuse.
D)as an employee in an educational institution, the teacher should leave such matters to other social agencies.

Question 17

You know a tenured teacher who was recently fired for insubordination. She is suing her district for damages, claiming that she was not insubordinate and that the district's action has done irreparable damage to her good name, reputation, and integrity. This case is most likely to focus on

A)the teacher's liberty interests under the Fourteenth Amendment.
B)the teacher's rights under the free exercise clause of the First Amendment.
C)the teacher's academic freedom.
D)the Tenth Amendment's reserved powers clause.

Question 18

In cases involving teachers' freedom of expression, courts have considered

A)only the behavior itself.
B)the behavior and the results.
C)guidelines in the teacher association manual.
D)only the results of the behavior.

Question 19

Describe in detail the rights surrounding a student's records and information contained within those records.

Question 20

Teachers who have tenure

A)are permitted to invoke the free exercise clause.
B)cannot be dismissed without cause.
C)can transfer their tenure to another district.
D)must sign a new contract each year.

Question 21

When identifying and enforcing standards of conduct, teachers have

A)broad authority as interpreted by the courts.
B)broad authority as interpreted by the state department of education.
C)narrow authority as directed by the school board.
D)narrow authority as directed by the superintendent.

Question 22

Excessive punishment of students is in violation of

A)academic freedom.
B)due process rights.
C)the equal protection clause.
D)the free exercise clause.

Question 23

A vice principal has good reason to believe that a certain pocket of a student's book bag contains a handgun. He searches the pocket and finds bullets, but no gun. From a legal standpoint, he probably

A)has no right to search further, since he did not find a gun.
B)should avoid accusing that individual student and should consider a search of all students in the school until the gun is found.
C)has sufficient evidence to confirm his suspicion and to suspend the student.
D)has reasonable suspicion to search the bag more extensively.

Question 24

Court rulings indicate that before a student is suspended, the student should be

A)allowed to consult a lawyer.
B)given notice of the suspension and provided a hearing.
C)informed of the arrangements to be made about continuing schoolwork.
D)provided with counseling.

Question 25

A parochial school teacher was fired without receiving any written information regarding the charges. This action is probably legal because

A)school officials have ninety days after the dismissal to provide a teacher with documentation concerning that termination.
B)a parochial-school teacher does not necessarily have the same civil rights as a public-school teacher.
C)prior notice is not part of due process procedures.
D)teachers are not entitled to see their employment records.

Question 26

Before school officials can search a student, there must be

A)probable cause.
B)a search warrant.
C)parental permission.
D)reasonable cause.

Question 27

The ultimate authority for prohibiting corporal punishment rests with the

A)school board.
B)state.
C)superintendent.
D)teacher.

Question 28

Outside of the classroom environment, teachers are expected to behave ______________.

A)in their normal fashion
B)in an exemplary manner and model
C)in an extreme persona
D)in a religiously extremist manner

Question 29

In cases heard by courts, only ______________rulings can be applied nationally.

A)the U.S. Supreme Court's
B)the State Supreme Court's
C)the Department of Education's
D)regional court's

Question 30

The U.S. Supreme Court has ruled that expression of unpopular views by students is

A)allowed only outside the classroom.
B)allowed only in the context of the subject area being discussed.
C)allowed if it is not disruptive.
D)prohibited under all circumstances.

Question 31

As a result of the Family Educational Rights and Privacy Act, access to a student record is available to

A)the police.
B)government agencies.
C)prospective employers.
D)the student's parents.

Question 32

A state's view on teacher strikes is that __________________.

A)most prohibit it
B)many allow it
C)it is against the law
D)strikes are not a common practice

Question 33

Students who object to saying the pledge of allegiance at school

A)are required to take additional history classes.
B)cannot be compelled to do so.
C)may be suspended.
D)may lose due process rights.

Question 34

The precedent set in the case of Honig v. Doe established that disabled students

A)may not be expelled from public schools for disruptive behavior.
B)must remain in their current placement and undergo official hearings prior to suspension for violent actions.
C)are subject to exactly the same due process procedures as other students in the public-school setting.
D)have no protection of their rights in the federal courts and must pursue protections through the state courts.

Question 35

With the U.S. Supreme Court's recent emphasis on the reasonableness of school policies, more responsibility falls on

A)the Department of Education.
B)school officials.
C)the state department of education.
D)the state legislature.

Question 36

Court rulings indicate that when they are establishing dress codes for students, schools should

A)appoint a parent-teacher advisory group.
B)avoid any restrictions on student dress.
C)determine the educational purposes for any such restrictions.
D)select a student advisory committee to determine the dress code.

Question 37

Tenure protects teachers from dismissal except on _____________grounds.

A)incompetence
B)immorality
C)unprofessional conduct
D)all of the above

Question 38

Your high school has a media center that makes an excellent meeting facility, and your school regularly lets student groups meet there. A student-fundamentalist Bible club has asked permission to assemble in this room for its weekly after-school meetings. Legally, your school

A)may safely refuse this group only if it discontinues all other extracurricular activities.
B)may refuse this request because meetings of a religious nature cannot be conducted on school property.
C)may refuse this group only if it does not have an outside community sponsor.
D)cannot refuse the group's request under any circumstances because schools are considered public buildings.

Question 39

On the basis of court rulings, a science teacher cannot teach creation-science and evolution-science together, because this approach would

A)advance a religious doctrine.
B)confuse the learner.
C)create community unrest.
D)be inconsistent with the rest of the curriculum.

Question 40

As a result of Goss v. Lopez, students are seen as having a property interest in their education. Because of this,

A)a school's curriculum and instruction cannot be substantially changed without parental approval.
B)students can no longer be expelled from public schools.
C)teachers cannot send students to a "time out" area of the classroom as a disciplinary measure.
D)students cannot be suspended without due process.

Question 41

What limitations on students' freedom of expression exist?

Question 42

Identify the courts at the federal level and describe their purposes.

Question 43

Discuss why some school districts might to be allowed to use corporal punishment.

Question 44

What general guidelines should school officials follow when conducting searches of students?

Question 45

What due process procedures need to be followed when a district attempts to dismiss a tenured teacher?

Question 46

How do student rights differ for short-term suspensions as compared with long-term expulsions?

Question 47

If a school employee suspects that sexual harassment may be occurring against a student, what guidelines should be followed?

Question 48

What does academic freedom mean for the teacher, and what are its limits?

Question 49

How do the rights of students attending nonpublic schools differ from those of students attending public schools?

Question 50

What is the message from court rulings about the funding of nonpublic schools by public funds?

Question 51

Can a school district require drug testing? If so, under what circumstances?