educ 2110 midterm

John Dewey

"America's Philosopher" Advocate of "social reconstruction" Believed that The public schools have been handed over to the keeping of the militant defenders of the status quo - the Daughters of the American Revolution, the American Legion, the Fundamentalists, the KKK, and the War Department Schools cannot be the builders of a new social order - But they will share in the building of the social order of the future according as they ally themselves with this or that movement of existing social forces - Schools of America have furthered the present social drift and chaos by their emphasis upon an economic form of success that is intrinsically pecuniary and egotistic

Paideia

- (education) was fundamental purpose propelling puritan colonizing activities - Schooling predominately religious and moral - use of catechisms (short statements/saying/jingles) - learn the letters of the alphabet with religious phrases - "saints " as the exemplars controlled Massachusetts government - a theocracy

Free Exercise Clause

- Congress shall make now law prohibiting the free exercise there of - protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest.

characteristics of administrative progressives

- Focused on a number of efficient reforms for school to pay for them - Mostly business leaders - Centralization - decided to centralize schools → tear down many small schools in an area and build one large school for all of those students to go to - "Cult of efficiency" → so focused on efficient, they created pamphlets/ manuels/ books to teach morality in efficient ways - "Expert" management over lay control control of schools → argued school boards should not be run by lay persons; believed schools needed to be managed like a business; developed graded classrooms and specific subject for those grades; separated teachers for each subject; introduced bells for class exchange - Institutionalized racism and classism - scientific management: "experts" use new psychological studies such as behavirums, to reinforce behaviors

what was the decision in Lee v. Weisman (1992)?

- In 5-4 opinion the US Supreme Court ruled that public schools may not sponsor graduation prayers - If you give power to the government, you have to also let the government have the power to take it away

what was the decision of Board of Education v. Earls (2002)?

- In 5-4 opinion, the court held that "because the policy reasonable serves the school districts important interest in detecting and preventing drug use among its students, it is constitutional" - did not some sort of justification to drug test the students however, and it can not be any form of targeting or discrimination - The court reasoned that the "Board of Education's general regulation of extracurricular activities diminished the expectation of privacy among students and that the Board's methods of obtaining urine samples and maintain test results was minimally intrusive on the students' limited privacy interest - the court extended suspicionless searches to all students involved in extracurricular activities, the court has not approved of random drug testing of the general population of students

what was the decision of Stone v. Graham (1990)?

- In a 5-4 decision the court ruled that the Kentucky law violates the first part of the Lemon test, and thus violated the Establishment Clause of the Constitution - Religion can be taught but from an academic perspective, you cannot prostelyze students - A state statute requiring the display of the ten commandments on the wall of every public school classroom was unconstitutional

examples of cases using Free Exercise Clause

- Kennedy v. Bremerton School District - 2023; ruled in favor of free exercise of everyone including a coach/teacher on school grounds - West Virginia State Board of Education v. Barnette - 1945: concluded that it violated the free exercise clause to mandate students to salute to the flag in public schools every morning - Employment Division v. Smith - 1990: the free exercise clause was not being violated when the Native Americans were fired due to their use of Peyote (something used in the Native American culture for years)

pedagogical progressives

- Mostly professors and scientist - Schooling beyond intellectual development into new occupational fields - Scientific research applied to pedagogical practices (children learn better by doing/experience) - Tailoring instruction to different types of students

characteristics of social reconstruction?

- Opposed the business model of schooling and efficiency - Critical of the anti-democratic forces in society: interest group politics and unregulated capitalism - A response to the Great Depression and Gilded Age Supported preparing teachers with a strong social intelligence: awareness of the social, political, and economic contexts within which schooling takes place - Developing critical thinking and solving problems - Continuous reform based on the normative outcomes of deliberative and democratic education - Continuous change (social reconstruction) is similar to social justice - All with the intention of improving society

quasi schools board functions

- Quasi-legislative authority by enacting local policies - Quasi-administrative authority in school district oversight and legal compliance - Quasi-judicial authority in hearings and rulings related to disciplinary actions, hearings, and appeals

compelling government interest

- Rights can be minimally restricted but the government must show compelling interest as to why, the government does not always win - Private employers can also do this - Example: restricting someone's freedom of religion by saying that while it may be a part of their religion, they cannot legally sacrifice someone 14th amendment - any unequal treatment must be due to a compelling government interest - How a government may limit free speech - limitations are shown to meet a compelling government interest and no least restrictive means exist - a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently

What was the premise of Engel v. Vitale (1962)?

- The New York Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day Parents were complaining that prayers weren't a part of the school day, therefore the school made a short, water down prayer for the teachers to day at the beginning of every class - However, the state (teachers and administrators) cannot hold prayers in public schools, even if participation is voluntary and the prayer is general

What was the premise of Board of Education v. Earls (2002)?

- The student activities drug testing policy adopted by the Tecumsen, Oklahoma School District requires all middle and high school students to consent to urine analysis testing for drugs in order to participate in any extra curricular activities - 2 Tecumsen high school students brought suit alleging that the policy violates their fourth amendment rights

feminization of the teaching profession

- supported by Horace Mann - As common schools spread throughout New England and the Midwest, the demand for teachers soared - Once a male-dominated profession, men increasingly sought new opportunities in the expanding industrial economy - men were being drafter into the civil war - women were less costly, which is viewed as beneficial as common schools spread - common school reformers argues that women were better with young children - female teacher could serve the country as moral exemplars - Female teacher could serve the country as moral exemplars Women had to be trained because they were not allowed access to higher education → lead to the creation of Normal Schools/teacher education; Columbia University was the first teacher school

The Redding Test

1) reasonableness scope of search; and 2) reasonable suspicion of danger justifying a more personal search

what was the premise of Goss v. Lopez (1975)?

9 students at 2 high schools and 1 junior high school in Colombus, Ohio were given 10 day suspensions from school; the school principals did not hold hearings for the affected students before ordering the suspensions and Ohio law didn't require them to do so

dame schools

A single female (usually older) would open her home for preschool age children and would read to them, teach them, and let them play Typically before they went to elementary school Only a few children at a time For all young children, just had to be Puritan Not a formal institution Also a form of daycare Would typically charge a small fee, but it was affordable schools that women opened in their homes to teach girls and boys to read and write

what was the premise of Board of Education v. Pico (1982)?

Acting contrary to the recommendations of a committee of parents and school staff, the school board ordered that certain books be removed from its districts junior high and high school libraries Board said such books were "anti-American, anti-Christian, anti-semitic, and just plain filthy"

Swann v. Charlotte-Mecklenburg BOE

Approved busing and redrawing district lines as ways of integrating public schools The issue of busing was challenged in the Swann case, and the question came about "can local courts order school districts to create busing plans to integrate schools? The city of Charlotte and Mecklenburg county has an inclusive school district, which included Charlotte and surrounding suburbs The plan under consideration bused black children from the inner city to surrounding suburbs and white children from the suburbs to the inner city The supreme court upheld unanimously the use of busing

what was the premise of Bethel v. Fraser (1986)?

At a high school assembly, Matthew Fraser made a speech nominating a fellow student for elective office. Fraser used graphic sexual metaphors to promote candidacy of his friend As part of the disciplinary code, Bethel High School enforces a rule prohibiting conduct which "substantially interferes with the educational process... including the use of obscene, profane language or gestures Fraser was suspended from school for two days and he sued because he claimed it was a violation of his free speech rights

social reconstruction led to the first teachers college, what was it called?

Columbia University in the 1930s

Establishment Clause

Congress shall make no law respecting an establishment of religion

what was the decision in Safford v. Redding (2009)

Court ruled 7-1 that strip searches of students are disfavored and unlawful unless they meet both the standards of T.L.O. (i.e., justified in inception and reasonable in scope) and Redding ( i.e., reasonable suspicion of danger hidden in an intimate area)

what was the decision in Board of Education v. Pico (1982)?

Court's decision (5-4) - "while [the board] might rightfully claim absolute discretion in matters of curriculum by reliance upon their duty to inculcate community values in schools [the Board's] reliance upon that duty [in this case] is misplaced" "Local school boards may not remove books from school libraries simply because they dislike the ideas contained in those books and seek by their removal to "prescribe" what shall be orthodox in policies, nationalism, religion, or other matters of opinion"

Noah Webster

Created a new American form of English - ex) got rid of things like "e" at the end of "clarke" American writer who wrote textbooks to help the advancement of education: - wanted a new form of english - created blueback spellers - federalist, believed in strong central gov​​

Pedagogical perspective:

Curriculum for the whole child: - intellectual, - vocational, - occupational, - learn by doing, - collaboration

old deluder act

Deluder = satan (Puritans believed that he had a presence) Every town with a minimum of 50 families were required to pay taxes to make elementary schools; eventually every town with 100 families had to make a grammar school If you did not send children to school, would be punished under puritan law (fine, execution, jail, etc.) to try and "save" the children because they would know the word of god

Establishment Clause - Engel v. Vitale

First case in a series of cases in which the Court used the establishment clause to eliminate religious activities of all sorts, which had traditionally been a part of public ceremonies

what was the decision in Ingraham v. Wright (1977)?

In 5-4 opinion decision the court held that the 8th amendment does not prevent corporal punishment in public schools. Common law suggested that teachers could legally impose reasonable, non-excessive force on their students. The court also held that the 14th amendments requirement of procedural due process was satisfied by Florida law. Unreasonable or excessive punishment could result in criminal or civil liability for the responsible teacher or administrator the US supreme court rejected the arguments that the us of corporal punishment in public schools violated the 8th amendment's prohibition against cruel and unusual punishment. Subsequently, most states banned corporal punishment by state law

what was the decision in Goss v. Lopez (1975)?

In a 5-4 decision, the court ruled that the student's due process rights were violated "because Ohio had chosen to extend the right to an education to its citizens, it could not withdraw that right on grounds of misconduct absent fundamentally fair procedures to determine whether the misconduct ha[d] occurred" Declaring schooling as a constitutional right even though it is not → trying to compel government interest by saying that schooling is a property right Due process right = 5th amendment right held: "students facing temporary suspension have interests qualifying for protection of the Due Process Clause, and due process requires, in connection with a suspension of 10 days or less, that the student be given oral or written notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story. The clause requires at least these rudimentary precautions against unfair or mistaken findings of misconduct and arbitrary exclusion from school" Court recognized: "students whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be immediately removed from school In such cases - the necessary notice and rudimentary hearing should follow as soon as practicable

What was the decision of Engel v. Vitale (1962)?

In a 6-1 decision, the court concluded that any school faculty cannot participate in religious activity during school - they did not say that students cannot pray during the school day just as long as they don't disrupt the learning environment

what was the decision in West Virginia BOE v. Barnette (1945)?

In a 6-3 decision, the court concluded that "compulsory unifaction of opinion [is] doomed to failure and antithetical to First Amendment values" - it was against freedom of religion

what was the decision of New Jersey v. T.L.O. (1985)?

In a 6-3 decision, the court lowered the burden of proof in a public school context, claiming that reasonable suspicion as opposed to probable cause is sufficient - the court ruled in favor of New Jersey - Some argue that the T.L.O. standard should apply to all school searches, even those of adult school employees - Held that the fourth amendment applied to searches of students in public schools, but that inly the lower standard of reasonable suspicion (rather than the higher standard of probable cause) was required to establish a lawful search by school officials

what was the decision of Tinker v. Des Moines (1969)?

In a 7-2 decision, the court concluded that, "the wearing of armbands was 'closely akin to pure speech' and protected by the first amendment" "School environments imply limitations on free expression, but here the principals lacked jurisdiction for imposing any such limits" Held: in cases involving student political speech school officials may only limit this speech if they can establish it would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school" and "where there is no finding and no showing that engaging in the forbidden conduct" meets this standard punishments violate students' free speech rights and "cannot be sustained"

what was the decision in Bethel v. Fraser (1986)?

In a 7-2 decision, the court concluded, "it was appropriate for the school to prohibit the use of vulgar and offensive language" (Held: school officials may lawfully impose sanctions on students engaged in lewd and indecent speech in a school sponsored forum) Chief Justice Burger distinguished between political speech, which the court previously had protected in Tinker v. Des Moines and the supposed sexual content of Fraser's message Burger concluded that the first amendment did not prevent schools from prohibiting vulgar and lewd speech

what was the decision in Wallace v. Jaffree (1985)?

In in a 6-3 decision the court held that Alabama's passage of the prayer and meditation statute was not only a deviation from the state's duty to maintain absolute neutrality toward religion, but was an affirmative endorsement of religion Court said → if it didn't say "prayer" then it would have passed as constitutional; can have moment of silence/meditation, but you can't promote prayer Plan by alabama legislatures to say "prayer" → relection strategy

who were famous advocates of social reconstruction?

John Dewey, George Counts, and Harold Rugg

what was the premise of Stone v. Graham (1990)?

Kentucky state law required the posting of the ten commandments in each public class room

Goss v. Lopez rule

More than 10 day suspension = - formal due process Expulsion of student or dismissal of tenured teacher 10 days or fewer = informal due process - Simple notive to student that complaint filed Notice of school violation A chance to respond verbally De minimis in nature = no due process - Seizing of candy or toy resulting in reprimand or brief removal from class

What was the decision of Employment Division v. Smith 1990)?

No. In a 6-3 decision, the court concluded that prohibiting illegal conduct, even when that conduct is connected to a religious practice, is not a constitutional violation Court upheld the firing of 2 Native American faculty because they had peyote in their system - it was illegal in Oregon but it had been used in the Indian culture for years

what was the whig party originally and why did they change their name?

Originally it was the federalist party - changed their name because "whig" was seen as a badge of honor in the American Revolution because it meant that they went against the monarchy, they also needed a way to appeal to the lower class because they were upper class people and Jackson had just been elected; wanted to protect the traditions of the upper class

what was the premise of Ingraham v. Wright (1977)?

Principal Willie J Wright removed James Ingraham and several other disruptive students to his office. He paddled 8-10 of them. When Ingraham refused to assume a paddling position, Wright called on Assistant Principal Lemmie Peliford to hold Ingraham in a prone position while Wright administered twenty blows. Ingraham's mother later took him to a hospital for treatment where he was prescribed cold compresses, laxatives, and pain-killing pills for a nematoma

The "East Indy School"

Purpose included educating children "in the principles of religion," the "civility of life," as well as "humane learning," considered to be the original foundations of both "Church and commonwealth" Destroyed before its completion during an extensive massacre of colonists carried out by Powhatan Indians in retaliation against the English for taking their lands, killing their tribal members, and burning their villages Cultural imperialism was intended to take place hand-in-hand with economic imperialism

what is the T.L.O. reasonable suspicion test?

Purpose of the search: - School agent has reasonable grounds to believe that a search would produce evidence of wrong doing: Illegal activity Violation of school rules Extent of the search: - The search must be reasonable in scope and related to the objectives that initiated the reasonable suspicion - Put differently, the search must not be excessively intrusive in light of the: Age of the student Sex of the student Nature of the infraction

Robert Coram

Radical democratic teacher; parents brought him to Charleston, South Carolina in the colonial period; served in the revolutionary war, joined SC Navy, captured and put on British prison ship, after he's released he leaves SC and moves to Delaware; became a self-taught teacher and made his home a school

what was the premise of Safford v. Redding (2009)?

Savana Redding, a 13-year-old, was suspected of bringing a forbidden prescription (extra-strength ibuprofen) and over-the-counter drug (naproxen) both used for pain and inflammation, to school. Savana was strip-searched by the school nurse and another female administrative assistant Savana was directed to remove her clothes down to her underwear, and then "pull out" her bra and the elastic band on her underpants. Her breasts and pelvic area were exposed Savana subsequently filed suit against the school district and the school officials responsible for the search in a federal district court in Arizona

Freedmen's Bureau

Set up to provide ex-slaves with food, medical, shelter, education, etc. Taught black people the basics in reading, writing, arithmetic, geography, etc. Poor white people also went Confederate soldiers taught Mostly female yankee schoolmarms and northern missionaries - saw it as a religious mission to move South and teach literacy in the south to ex-slaves African American schools when they were developed were black centered African American self-help: "by the fall of 1866, Georgia blacks were financing in whole or in part 96 of the 123 evening schools then operated and owned 57 school buildings" - more African American ex-salves in the South then whites at this point

what were some of the books included in Board of Education v. Pico (1982)?

Slaughterhouse 5, Naked Ape, Go Ask Alice, Black Boy, Malamud, Laughing Boy, Soul on Ice, The Best Short Stories

what was the premise of Tinker v. Des Moines (1969)?

Students wore black armbands to public schools as a silent protest against the Vietnam War. They were told to remove the armbands or they would be suspended from school. They refused. After suspension, the students filed litigation.

Milliken v. Bradley (1974)

Supreme Court case that ruled that desegregation plans could not require students to move across school district lines, which was a victory for anti-busing proponents who felt that Swann v Charlotte-Mecklenburg Board of Education was an injustice Ruled that desegregation plans could not require students to move across school district lines Stopped busing beyond school boundaries

what was the premise of New Jersey v. T.L.O. (1985)?

TLO was a highschool student; school officials searcher her purse suspecting she had cigarettes; the officials discovered cigarettes, a small amount of marijuana, and a list containing the names of students who owed TLO money; TLO was charges with possession of marijuana, ending with a year of probation

Meredith v. JCPS (2007)

The US supreme court ruled that the use of race as the sole factor in developing busing plans is unconstitutional Race was considered in student enrollment 50 rule. Struck down because there was no individualized consideration of students reversed Swann v. Charlotte-Mecklenburg BOE rejected the notion that racial balancing of demographics in public schools was a compelling state interest. The court found the county's enrollment plan unconstitutional under the Fourteenth Amendment of the United States Constitution

what was the premise of West Virginia BOE v. Barnette (1945)?

The West Virginia Board of Education required all teachers and pupils to salute the falge in public schools. "Refusal to salute was treated as 'insubordination' and was punishable by expulsion and charges of delinquency" - Salute looked like the nazi salute - and this occurred during WWII

college v. university

The college was inherited from Britain, which focused on a classical curriculum - Colleges prepared civic and religious leaders -Harvard college was established in 1636, also educated natives in christianity The university was a German institution that also focused on graduate training and research - John Hopkins was the first university in the US

what was the decision in Hazelwood v. Kuhlmeier (1988)?

The court held (5-3) that in public school sponsored forums school officials need only establish "legitimate pedagogical concerns", i.e., there was a legitimate education rationale" for limiting student speech. School sponsored forums include school convocations, performances, athletic events, school newspapers, and other expressive activities that students, parents, and other members of the public would reasonably perceive as bearing the "imprimatur of the school" even if they are not in fact school sponsored

fourth amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violates, and no Warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized

what was the premise of Hazelwood v. Kuhlmeier (1988)?

The spectrum, the school sponsored newspaper of Hazelwood East High school, was written and edited by students The school principal found two student articles (divorce and teen pregnancy) to be inappropriate, and he ordered that the pages on which the articles appeared be withheld from publication Cathy Kuhlmeier and two other students brought the case to court claiming a violation of free speech and free press

What was the premise of Employment Division v. Smith 1990)?

Two Native Americans were fired from their jobs for smoking peyote during their religious worship, a long-held religious practice. Peyote was an illegal substance in Oregon at the time

what did the decision of Board of Education v. Earls (2002) expand off of?

Veronica School District v. Acton

May public schools ask students to observe a daily moment of silence?

Yes - as long as it is not conducted as a religious exercise where prayer is encouraged or discouraged, or there is entanglement with the church in violation of the Establishment Clause

Does state funding for non-public, non-secular schools violate the Establishment Clause of the 1st amendment? (Lemon v. Kurtman - 1971)

Yes, in its 8-1 decision, the court developed the three-prong Lemon test: 1) a statute must have a secular legislative purpose 2) a statute's principal or primary effect must be one that neither advances nor inhibits religion (neutrality) 3) a statute must not foster an excessive government entanglement with religion

Do public school students have a right to pray in schools?

Yes; establishment clause only applies to agents of the government, students are private citizens; school employees are limited by the constitution, students are not

what was the premise of Lee v. Weisman (1992)?

a middle school principal in Providence, RI, invited a rabbi to speak at his public school's graduation

eugenics

administrative progressives; a pseudo-science theory that serves as a facade for racism

standardized testing

administrative progressives; culturally biased intelligence testing that serves the interests of dominant culture

Social Efficiency

administrative progressives; schools and students organized by business practices (taylorism)

what is the premise of Wallace v. Jaffree (1985)?

an Alabama statute authorized a moment of silence in public schools for meditation and prayer

Diverse assessments (pedagogical progressives):

assesses students in multiple ways in order to achieve understanding of academic achievement

The administrative progressives believed that school governance would be more efficient and expert if it were more ________________

buffered from lay control - They wanted less of the influence of school boards, who members they sometimes accused of being corrupt or ignorant meddlers - Charles H. Judd argued that local school boards should be abolished - Education should be controlled as much as possible by specially trained professionals certified by the state

US Bureau of Education

created by administrative progressives; Laid out a program of state legislation designed to standardize schooling to match the program of "reorgaization" (their version of systematic reform" favored by the administrative progressives, treating such topics as school consolidation, increased state financing, physical education, improved school construction, state certification for teachers, and standard textbooks and curriculum

what was the constitutional question in Wallace v. Jaffree (1985)?

did Alabama law violate the First Amendment's Establishment Clause?

what was the constitutional question asked in Tinker v. Des Moines (1969)?

did public school officials violate these students' free speech?

what was the constitutional question asked in New Jersey v. T.L.O. (1985)?

did school officials violate T.L.O's fourth amendment rights?

what was the constitutional question asked in Stone v. Graham (1980)?

did the Kentucky statue violate the Establishment Clause of the First Amendment?

what was the constitutional question in Goss v. Lopez (1975)?

did the imposition of the suspensions without preliminary hearings violate the students' due process rights guaranteed by the 14th amendment?

what was the constitutional question in West Virginia BOE v. Barnette (1945)?

did this requirement violate the free exercise clause?

what was the constitutional question asked in Lee v. Weisman (1992)?

does the inclusion of clergy who offers prayer at official public school ceremonies violate the establishment clause of the first amendment?

what were pedagogical progressives also called

pedagogical (curriculum) progressives

first amendment

provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances Includes the Establishment Clause - prohibits government officials from establishing any favored or disfavored religion Includes the Free Exercise Clause - mandates that government officials must respect individual free exercise of religion and provide reasonable accommodations for the free exercise of religion when necessary The religious clauses have been interpreted as requiring official governmental neutrality concerning religion, and establishing a reasonable "wall of separation" between church and state thereby protecting both private religious free will and the integrity of the common government

Pedagogical practices:

replace teacher-centered pedagogy with child-centered and group pedagogy

de jure segregation

segregation caused by government actions in violation of the equal protection clause and subject to judicial authority Unitary status - a judicial declaration that a school district has sufficiently eliminated the effects of prior de jure segregation to merit release from judicial supervision

de facto segregation

segregation resulting from economic or social conditions or personal choice A term used during the 1960s racial integration efforts in schools, to describe a situation in which legislation did not overtly segregate students by race, but nevertheless school segregation continued De-facto segregation in public schools refers to a situation in which schools are attended predominantly by one race, due to the racial com- position of the neighborhoods served by those schools.

Educational diversity (pedagogical progressives):

serving the needs of diverse students

Board of Education v. Pico (1982): What if teachers were to require these books in their lessons →

supreme court would probably uphold the school board

characteristics of the whig party

the first 6 presidents were all federalists/whigs until Andrew Jackson invested in roads, canals, bridges, and new institutions Jefferson wanted children to learn whig history (republican virtue) not tory history - focuses and celebrates representative government throughout british history - land ownership, balancing the protection of wealth, recognized monarch but resent the idea - agrarian society, give people land to support themselves Horace Mann → one of the first whigs to advocate for public schooling

what was the constitutional question being asked in Employment Division v. Smith (1990)?

were these individuals' free exercise rights violated when they were fired