CHAPTER 10

Freedom of speech, religion, and press and the right to petition is ensured by the A) First Amendment. B) Tenth Amendment. C) Fourteenth Amendment. D) Sixteenth Amendment.

A

Maria is a student at Orange Grove Middle School. She is from a single -parent family and her mother suddenly lost her job when the company she worked for went bankrupt. As a result, Maria and her mother were no longer able to pay the rent and were forced to live in an old car that Maria's father had left when he passed away. When the school counselor discovered that Maria was homeless, he informed her that she would have to withdraw from Orange Grove. Which of the following statements reflects the situation as outlined in federal legislation? A) Maria has a right to free public education even though she is homeless. B) The landlord no longer pays taxes on behalf of Maria's family and so she is not entitled to attend school. C) Maria and her family do not live in the district because they have no fixed address and she is not entitled to attend school. D) Maria's mother will have to place her in a foster home with someone who does pay taxes to the district.

A

Marianna Stankovic looked around her 4th grade classroom to see that everything was in order for the Halloween party. She carefully lit several candles that sat on a table near her desk. When the bell rang, her excited students rushed into the room and before Marianna could tell them to slow down, Marko bumped into the table and ignited his costume. He was badly burned and his parents filed a lawsuit claiming negligence on the part of the teacher. In such a case, the court would likely A) rule that a reasonable teacher would be able to foresee that the candles were dangerous. B) determine that the child was totally at fault. C) assign blame without hearing the case because teachers are responsible for injuries to their students. D) blame the school board for permitting such activities at school.

A

Mr. Micelli, a teacher at Southdale High School, is upset with a Board of Education decision that requires all teachers to sign a petition disagreeing with the city's plans for the public park across the street from the school. Mr. Micelli writes a letter to the local newspaper in which he states that the school board has no right to make such a demand. He knows that the U.S. Supreme Court has ruled that teachers can legally and publicly criticize policies of the Board of Education for their school district A) as long as the statements they make are true. B) if the principal co-signs the statements. C) if they receive permission from the superintendent. D) as long as they have the best interests of their students at heart.

A

Segregation that does not result from laws or school policy is called A) de facto segregation. B) de jure segregation. C) unintended discrimination. D) volitional discrimination.

A

The Civil Rights Act states that no person may be excluded from participation due to A) race or national origin. B) handicap. C) gender. D) religion.

A

The Tenth Amendment of the U.S. Constitution A) makes education the legal responsibility of each state. B) provides for uniform standards for teacher certification across the country. C) guarantees freedom of speech and religion for teachers. D) guarantees the right of due process of law for teachers.

A

The authority to employ teachers typically lies with the A) board of education. B) federal government. C) superintendent. D) principal.

A

The court decision that struck down the separate but equal doctrine of 1896 was: A) Brown v. Board of Education of Topeka B) Plessy v. Ferguson C) Griffin v. County School Board of Prince Edward County D) Board of Education of Oklahoma City v. Dowell

A

The current status of cases concerning educational malpractice indicates that it A) cannot generally be proven. B) can be proven with proper documentation. C) can make teachers liable. D) can make districts liable.

A

The primary purpose of teacher certification is: A) to make sure there are competent teachers in the classroom B) to control admission to the profession C) to make certain that teachers meet the cultural needs of the local community D) to protect the state from liability suits

A

Title IX programs are intended to A) prevent discrimination so that girls and boys have equal opportunities. B) provide intellectually challenged students with equal opportunities. C) require school boards to make school buildings accessible to the physically challenged. D) provide girls with the same sports teams as boys.

A

What is in loco parentis? A) the school's right to act as a parent substitute B) the parents' right to have their child educated C) student rights to have parents approve discipline procedures D) the parents' place in school policies

A

What is the legal status of academic freedom for teachers? A) It is not generally recognized for elementary and secondary teachers. B) It is a legal right. C) It provides freedom from liability. D) It has no barriers.

A

What is the main function of the Child Abuse Prevention and Treatment Act? A) provides funds for states which implement a program of action B) requires employees to report all cases of child abuse C) gives responsibility to schools D) establishes guidelines for liability

A

AIDS is considered a disability under the umbrella of A) PL 94-142. B) the Americans with Disabilities Act. C) section 504. D) IDEA.

B

Jody Fischer, an English teacher at Crestwood Middle School has given her students an assignment that involves reading and comparing the language in Ecclesiastes Chapter 12 as it appears in the King James Version and The Good News for Modern Man translations of the Bible. A number of parents have complained to the principal about "the blatant introduction of religion" into a public school program. They demand that the principal order Jody to withdraw the assignment. Which of the following statements reflects the judicial decisions that have been made regarding the use of the Bible in public schools? A) Teachers violate the concept of separation of church and state if they use the Bible in any way. B) Teachers may teach about the Bible as an aspect of the history of literature. C) Teachers may teach the Bible as part of a religion course. D) Teachers may use the Bible freely in any course in public schools.

B

Most court cases related to teachers evolve from either liberty interests or A) free speech. B) property interests. C) conduct cases. D) dress and grooming codes.

B

One of the voice mail messages for homeroom teacher Juanita Garcia was a request from a prestigious local boutique. The owner was considering hiring 18 year-old Anastasia, who was in Juanita's class, and wanted to confirm whether Anastasia had really won all of the awards she listed in her resume while attending the school. How should Juanita respond to the request? A) She should just look up the records and fax them to the boutique owner. B) She should ask Anastasia for written permission to disclose the records. C) She should ask the principal for permission to disclose the records. D) She should ask for written permission from Anastasia's parents to disclose the records.

B

The Individuals With Disabilities Act (IDEA) assists children with disabilities by A) establishing separate schools for them. B) making grants to states and school districts. C) keeping children in special education. D) mandating the type of special education program to be used for all students.

B

The courts have used the doctrine of in loco parentis to uphold the right of school personnel to A) expel students. B) search the lockers of students. C) prevent homosexuals from attending school. D) require students to repeat a grade.

B

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 is part of the A) First Amendment. B) Tenth Amendment. C) Fourteenth Amendment. D) Sixteenth Amendment.

B

A few students from a local mosque attend the public high school in Walnut Grove. They ask David McIntyre, principal of Walnut Grove High, to allow them to use a classroom on Friday during lunch period so they can pray together according to Muslim law. They point out that a Bible Club, organized and led by students, meets once a week at the school. Mr. McIntyre fears that granting the request could create tension in a school with a population of students from different faiths, but he is aware of judicial decisions made in similar cases. Legally, what action should Mr. McIntyre take? A) He refuses the request because the Bible Club students represent the majority population. B) He refuses the request because the Muslim students are clearly a minority. C) He grants the request since the Bible Club is already meeting in the school. D) He grants the request on the condition that a staff member agrees to act as a sponsor for the group.

C

All of the following are questions from the Lemon Test, EXCEPT: A) Does the act have a secular purpose? B) Does the primary effect of the act either advance or inhibit religion? C) Does the act require adherence to a particular faith? D) Does the act excessively entangle government and religion?

C

Due process means A) schools' right to administer punishment. B) one is innocent until proven guilty. C) following procedures for protecting individual rights. D) students' right to have a hearing.

C

In the Hollywood film, Music of the Heart, a pregnant student is told by the school counselor that she cannot be part of the school choir and must withdraw from the school. Instead she is required to enroll in a program for mothers-to-be at an alternative school. Which of the following reflects the legality of the issue? A) School districts have the right to establish policies to protect the rest of the school population from disruptions such as pregnancy. B) Title IX prohibits the exclusion of the student from regular classes but allows exclusion from extracurricular activities. C) Title IX prohibits the exclusion of the student from regular classes and also prohibits exclusion from extracurricular activities. D) IDEA covers pregnant students because they are deemed to be temporarily disabled.

C

Karl is running for president of the student body at Pineridge High School. One of his opponents is a very popular student named Deshawn. Karl's election assembly speech was filled with derogatory and obscene language directed at his rival. He concluded his speech by unfurling a banner that said, Don't vote for Deshawn. He's Gay! When the principal suspended Karl, his father threatened a lawsuit alleging that his son was being denied freedom of expression. Which of the following reflects the opinion of the U.S. Supreme Court on this issue? A) The First Amendment ensures Karl's freedom of speech and protects him from suspension. B) If Deshawn is gay, then Karl is telling the truth and cannot be disciplined. C) The school may discipline Karl for using obscene and derogatory language in a student assembly. D) The school cannot discipline Karl for using obscene and derogatory language in a student assembly.

C

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 is part of the A) First Amendment. B) Tenth Amendment. C) Fourteenth Amendment. D) Sixteenth Amendment.

C

Title IX states that no person may be excluded from participation in school activities on the basis of A) race or national origin. B) handicap. C) gender. D) religion.

C

When a majority or an individual of a majority has not been accorded certain rights because of preferential treatment provided to a minority, that act is called A) segregation. B) discrimination. C) reverse discrimination. D) resegregation.

C

You are about to sign your first teacher contract with a public school district. All of the following items should be covered in the contract, EXCEPT: A) a description of your assignment B) salary amount C) the district's dress code D) statement of how salary will be paid

C

A high school history teacher and a college professor jointly sponsor a student forum at which they provide proof that some races are genetically inferior to others. Both are fired by their respective institutions. Both file lawsuits to demand their reinstatement. Which of the following court judgments is most likely based on the legal system? A) The firings of both are upheld. B) The teacher's firing is upheld while the professor's firing is overturned. C) The professor's firing is upheld while the teacher's firing is overturned. D) Both are ordered reinstated to their positions.

D

All of the following are requirements of FERPA, EXCEPT: A) permitting parental access to records B) informing parents of their rights C) parental permission before disclosure of information D) prohibiting non-custodial parents access to records

D

All of the following provides teachers with the right to have a voice in employee/employer relations, EXCEPT: A) collective bargaining B) professional negotiations C) cooperative determination D) federal legislation

D

An act or omission of an act that violates the private rights of an individual is called a: A) provision. B) negligence. C) statute. D) tort

D

In what way does the Fourteenth Amendment apply to education? A) by requiring separation of church and state B) by placing the responsibility for education with the States C) by providing free education D) by providing equal protection of rights for all citizens

D

Metropolis is a large city surrounded by a number of suburbs. During the 1960s the school districts in the area were under court order to provide a racially balanced population in the schools. The plan was successful and the districts were released from the court order. Recently, a large number of families from a politically unstable area have moved into several adjacent neighborhoods. As a result, some schools have become segregated once again. What would past Supreme Court decisions suggest should be done in this case? A) The area districts must develop and implement a new desegregation plan for the entire metropolitan area. B) Some students from the affected schools should be bused to racially balanced schools. C) Students from other racially balanced schools should be bused to the affected schools. D) The area is under no obligation to try and correct a situation due to changing demographic patterns.

D

On the last day of school prior to the Winter Break, Shu-Shen, a first-year teacher, received a letter in her mailbox that informed her she was being dismissed from her position because she had been a participant in a weekend civil rights forum. Which of the following statements is true about a non-tenured teacher such as Shu-Shen? A) She can be dismissed without reason. B) She cannot be dismissed for any reason. C) She can be dismissed for participating in the weekend forum. D) She cannot be dismissed for participating in the weekend forum.

D

The Fourteenth Amendment of the U.S. Constitution A) makes education the legal responsibility of each state. B) provides for uniform standards for teacher certification across the country. C) guarantees freedom of speech and religion for teachers. D) guarantees the right of due process of law for teachers.

D

The U.S. Supreme Court ruled on and resolved the issue of corporal punishment. It established that corporal punishment may be authorized by the A) the approval of the parents. B) federal constitution. C) policy of the district D) state constitution.

D

The provision of benefits to children in parochial schools without benefit to the school or to a religious establishment is known as A) the Glasser theory. B) the equal access theory. C) the school benefit theory. D) the child benefit theory.

D

The two standards applied to the search of a student's person are reasonable suspicion and A) the presence of an administrator. B) the presence of a police officer. C) the seriousness of the suspected problem. D) the way in which the search is conducted.

D