Section 1
Preview this deck
Zelman v. Simmons-Harris
Front
| 5 | 0 | ||
| 4 | 0 | ||
| 3 | 0 | ||
| 2 | 0 | ||
| 1 | 0 |
Active users
0
All-time users
0
Favorites
0
Last updated
4 years ago
Date created
Mar 1, 2020
Cards (65)
Section 1
(50 cards)
Zelman v. Simmons-Harris
Only pro-voucher decision: public school vouchers provided to students for attending private schools is constitutional as a decision made by parents (won't fly in SC due to state law though)
Lemon Test
State aid to religious schools must pass tripartite Lemon Test: 1. The statue must have a secular legislative purpose, 2. Its principle of primary effect must be one that neither advances or prohibits religion, 3. It must not foster excessive government entanglement with religion.
Board of Edu. of Central School District No. 1 v. Allen
providing state-adopted school books to parochial school students does not violate the E.C.
Plyer v. Doe
State cannot prohibit illegal aliens from attending public school
People v. Overton
School officials may be obligated to inspect student lockers
Delgado v. Freeport Public Schools
Homeless children are allowed to attend public school wherever they are, regardless if it for long term or short
In Loco Parentis
in lue of parent, we are their gardians while they are under our care
3rd Amendement
Soldiers can't squat
2nd Amendment
Right to bear arms
Lemon v. Kurtzman
State aid to parochial schools through salary supplements and purchases of services creates entanglement between church and state...no go!
School district of Abington Township v. Schempp
Reading bible verse at beginning of school deemed unconstitutional
Isiah B. v. State
Random search of students locker is upheld under the 4th as schools own lockers and student should have no reasonable expectation of privacy in their locker
Child Benefit Doctrine
basically created to be able to fund things like text books to parochial schools
Matter of Curry
Schools may inquire as to the reason for a change is custody of a child and can deny them admission if it is just to circumvent district zoning
Boynton v. Casey
Student is not entitled to Miranda Warning prior to being questioned by school officials
Everson v. Board of Education
E.C does not prohibit using tax dollars for transportation of religious based schools....it is not required in all states (like SC) but is approved as constitutional.
Baker v. Owen
Teachers may paddle students in spite of parent opposition
Establishment Clause
prohibits state from passing laws that aid in or show preference to a religion
Hazelwood School District v. Kuhlmeir
School officials can exercise editorial control in school newspapers, it's a limited forum
Board of Edu. of the Westside Community v. Mergens
School districts decision to ban Bible club deemed unconstitutional because they had other clubs (Equal Access Act)
Corporal Punishment
Reasonable Satndard (how) Good Faith Standard (why) --the Cruel and Unsusal punishment Clause of 8th Amendment does not cover Corporal Pumishment....it is legal in SC but prohibited by most school districts
Tinker v. Des Moines
Cannot pro hit freedom of speech to avoid uncomfortable situations...students wanted to wear arm band protesting war? That's cool because it poses no danger
Paine v. Board of Regents of University of Texas
Schools hVe right to punish students for criminal charges, they don't get to use Diuble Jeopardy
Lamb v. Panhandle community school district no. 2
Informal discussion of students offense and the circumstances of the incident is sufficient to inform the student of the evidence against him
TLO 2 part test
1. Search must justified at inception by reasonable suspicion 2. Search must be reasonable in scope and not in excessive in view to the purpose of the search
Rhodes v. Guarricino
Students can be searched during field trips/ out of town trips using reasonable suspion standard
Veronica School District v. Acton
Drug testing can be suspicionless or suspion
Penn. interscholastic Athletics Assosiation v. Greater Johnson
A change in student residency simply to participate in an athletic program may be denied
Newsome v. Batavia
Cross examination of student witness is not required of school officials
Cochran v. Louisiana State Board of Education
Louisiana law does not violate the Establish Clause by providing text books to religious based schools
Pierce v. Societ of Sisters
Compulsory Law stating all children go to public school is not cool--can compel students to attend some type of school
Freedom of Speech/Expression
2 part test: 1. Clear and present danger AND 2. Material and substantial disruption
Bethel School District v. Fraser
Lewd speech is not protected under 1st Amendment because it causes a substantial disruption
In re Jeanette
Parents can be persecuted for children who do to attend school
1st Amendment
Freedom of Speech
Santa Fe Independent v. Jane Doe
student led prayer in front of large audience (home football game) does violate Establishment Cause. Court felt it could would suggest administration were responsible for prayer to unbiased spectator.
Murphy v. State of Arkansas
States use of achievement tests to monitor home instruction is constitutionally valid
4th Amendement
Search and seizure
Widmar v. Vincent
The denial of access to facilities for student religious groups while allowing other groups to use the same facilities is violation of students freedom of speech....Congress responded by passing Equal Access Act.
Coles v. Cleveland
School Boards and other similar bodies may not open with prayer without violating Establishment Clause
Goss v. Lopez
Temporary out of school suspension requires procedural due process (has to have notice and fair hearing prior to deprivation of life, liberty, or property) *created 10 day suspion rule to special Ed students 1. Oral/written notice of charges against him 2. Explanation of evidence authorities have 3. Opportunity to present his side
Reasonable v unreasonable
Looking ill, being late to class, or fidgety is not reasonable for search
Wisconsin v. Yoder
Amish kids can leave oublic school after 8th grade due to religious beliefs
Paren Patriae
"a father to all persons" State can make laws for the good of people/state
Equal Access Act (1984)
Everyone is allowed to use school district facilities if opened publicly to any group.
Meek v. Pittenger
State finances of services and direct loans to parochial schools is unconstitutional
Bivens v. Albuquerque Public Schools
Busting a sag is not culturally protected expression
Jones vs. Clear Creek Independent
student led and student initiated prayer is not a violation of Establishment Clause (It's the First Amendments Rights)
Boykins v. Fairfield Board of Ed.
Hearsay (not live witness testimony) is permissible as evidence in school disciplinary hearing
5th Amendement
Fair trial, due process
Section 2
(15 cards)