Can students offer religious messages in their graduation speeches?

No, if the school controls the graduation ceremony and reviews all speeches

Which would be legal for a teacher to do?

Teaching about world religions.

What are statutes (also known as statutory law)?

Laws that are created by Congress and state legislatures.

When can schools limit student expression/speech?

all of these reasons are accurate

False statements made to third parties that harm reputations

Schools MUST provide English Learners with sufficient English instruction, Schools MUST permit undocumented students to enroll., ESSA aims to reduce achievement gaps by holding schools accountable.

Courts apply INTERMEDIATE SCRUTINY

when schools treat students differently based on sex

What is legal literacy?

ability 2 spot legal issues, identify law & apply 2 solve legal dilemmas

For a school district to be held liable for EMPLOYEE-to-student harassment under Title IX - SELECT ALL

Sch. officials must had ACTUAL KNOWLEDGE & acted w/DELIBERATE INDIFFERENCE

For a school district to be held liable for peer (student-to-student) harassment under Title IX:

ALL of these responses are correct

Which of the following is NOT a main feature of FERPA?

If a school violates FERPA, a parent may win money damages.

What type of control do parents have over the curriculum?

They can request that their children to opt out of assignments

What do courts use to determine whether harassment is “severe, pervasive & objectively offensive”?

ALL of these responses are CORRECT

Which is/are an element of assault

Victim is aware of the threat, Threat of unwanted physical contact/injury, Assaulter must be perceived to have the ability to carry it out

Under FERPA, who can access educational records?

ALL of the these options are correct

Can schools remove controversial books from the school library?

Books can be removed for legitimate pedagogical reasons.

Can a school start the day with a prayer?

No. It would violate the Establishment Clause.

Under the Every Student Succeeds Act (ESSA), students must be tested

In math and reading/language arts in each of grades 3-8.

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A608 Exam Review Game

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Questions 85

Answers

1
Can students offer religious messages in their graduation speeches?
Yes, the Establishment Clause protects this type of student speech
No, if the school controls the graduation ceremony and reviews all speeches
No, students are NEVER permitted to share religious views
Yes, the EAA protects this type of student speech
2
School must provide a FAPE to a student with disabilities even when expelled.
False
True
3
the Equal Access Act part of the First Amendment
True
False
4
Which is NOT a key principle of IDEA
Zero Reject
Protection in Evaluation
Best Education
LRE
5
Which would be legal for a teacher to do?
Teaching about world religions.
If teacher was a coach, praying before a football game with students
Keeping a Bible on their desks.
Posting a flyer publicizing the National Day of Prayer.
6
SCOTUS has found student-led, student-initiated prayer before football games was impermissibly coercive
True
False
7
What are statutes (also known as statutory law)?
Laws that are created by the courts.
Laws that are created by federal agencies (e.g., Department of Education).
Laws that are created by Congress and state legislatures.
Laws that are created by the executive branch.
8
School can organize a “nonsectarian” prayer to be given by religious officials (e.g., rabbi, priest)
True
False
9
When can schools limit student expression/speech?
if it is lewd, indecent, or vulgar
if it is considered school sponsored and the school has legit reasons
all of these reasons are accurate
if it materially and substantially causes a disruption
10
Defamation is
False statements made to third parties that harm reputations
Malicious statements
Statements made to a newspaper without permission
Harmful statements made to third parties
11
Which is/are TRUE.
ALL of these responses are TRUE
Schools MUST provide English Learners with sufficient English instruction
Schools MUST permit undocumented students to enroll.
ESSA aims to reduce achievement gaps by holding schools accountable.
12
Courts apply INTERMEDIATE SCRUTINY
when schools treat students differently based on language proficiency
when schools treat students differently based on Socio-Economic-Status
when schools treat students differently based on race/national origin
when schools treat students differently based on sex
13
You have been given all the information you need to ace Exam!
False
True
14
It is typically LEGAL to discipline a teacher for advocating for gay rights on a website.
True
False
15
If you lose in the State Court of Appeals, you would then take your case to the State Circuit Court.
True
False
16
The only reason why teachers need to learn about the law is to avoid litigation.
False
True
17
What is legal literacy?
ability to recite the law.
ability 2 spot legal issues, identify law & apply 2 solve legal dilemmas
ability to file a grievance when their rights are violated.
ability to teach legal issues.
18
For a school district to be held liable for EMPLOYEE-to-student harassment under Title IX - SELECT ALL
The harassment must have been severe, pervasive, and objectively offensive
ALL of these responses are correct
Sch. officials must had ACTUAL KNOWLEDGE & acted w/DELIBERATE INDIFFERENCE
The harassment must have deprived the victim from educational benefit
19
the EAA applies only to secondary schools
True
False
20
_______________ is the amendment that applies to teachers' privacy or out-of-school conduct.
1st
4th
14th
8th
21
High-ability students can be assigned to separate instructional groups or classes.
True
False
22
For a school district to be held liable for peer (student-to-student) harassment under Title IX:
Sch. officials must had ACTUAL KNOWLEDGE & acted w/DELIBERATE INDIFFERENCE
The harassment must have been severe, pervasive and objectively offensive
The harassment must have deprived the victim from educational benefit
ALL of these responses are correct
23
Which of the following is NOT a main feature of FERPA?
Procedures exist for parents 2 challenge the content of educational records
Schools must inform parents of their rights under FERPA annually.
FERPA only covers educational records NOT all private info
If a school violates FERPA, a parent may win money damages.
24
The Fair Use Guidelines allow teachers to sometimes use copyrighted materials for educational purposes.
False
True
25
_______________ is the amendment that applies to search and seizure.
14th
4th
8th
1st
26
Which best describes de jure segregation?
Segregation by law.
Segregation based on neighborhood patterns.
Segregation by choice.
NONE of these responses are correct
27
It is typically LEGAL to discipline a teacher for telling students she does not support the war in Iraq
False
True
28
What type of control do parents have over the curriculum?
They can require a school district to use certain materials and book
They can request that their children to opt out of assignments
They can require teachers to use certain instructional strategies
They can require schools to teach both creationism and evolution
29
What do courts use to determine whether harassment is “severe, pervasive & objectively offensive”?
“Type, frequency & duration of the conduct”
“The totality of the circumstances”
“Hostile environment”
ALL of these responses are CORRECT
30
To be battery, contact must touch a person or to something closely associated with them (e.g. a hat, a purse)
False
True
31
Strip searches of students are not recommended.
True
False
32
Under the 1st Amendment, parent-led religious groups may meet in school buildings.
True
False
33
Which is/are an element of assault
Victim is aware of the threat
Threat of unwanted physical contact/injury
Assaulter must be perceived to have the ability to carry it out
ALL responses are CORRECT
34
Comparative negligence is defined as the injured person understood the dangers involved and assumed the risk.
True
False
35
Under FERPA, who can access educational records?
ALL of the these options are correct
Parents/guardians
Police with a warrant
School employees who have a legitimate educational interest
36
Which of the following is NOT a test courts use to determine whether a school has violated the Establishment Clause?
Endorsement
Intimidation
Lemon
Coercion
37
Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in schools & colleges
False
True
38
It is typically LEGAL to retaliate against a teacher who complains that district is violating special education law
True
False
39
What U.S. Constitutional Amendment prohibits racial segregation in schools
Second
Fourteenth
Fourth
First
40
Gifted and talented students must receive an individualized education under federal law.
False
True
41
To search students, school officials need
probable cause
a search warrant
reasonable suspicion
probable suspicion
42
Which is not a defense to negligence?
Comparative Negligence
Assumption of Risk
Reasonableness
Contributory Negligence
43
To be eligible for special education, a student only needs to have 1 of the 14 disability classifications listed in IDEA
False
True
44
When schools treat students differently and courts apply STRICT SCRUTINY, schools must have
an EXTRAORDINARY reason
any ole reason will do
an IMPORTANT reason
a PRETTY GOOD reason
45
A Dear Colleague Letter is a primary source of law.
False
True
46
If there are no constitutional or federal questions, then a litigant would have to bring the action to state court.
True
False
47
Can schools remove controversial books from the school library?
Once a book is approved to be in a library, it must remain.
SCOTUS decided that school boards have no power to remove library books
If at least 10 parents object, then the books can be removed.
Books can be removed for legitimate pedagogical reasons.
48
Can a school start the day with a prayer?
No. It would violate the Establishment Clause.
No. It would violate the Religious Freedom Restoration Act.
Yes, if it is a non-denominational prayer.
No. It would violate the Free Exercise Clause.
49
Under the Every Student Succeeds Act (ESSA), students must be tested
Every year in every subject
In social students in each of grades 3-8
Never
In math and reading/language arts in each of grades 3-8.
50
It is likely constitutional to put all students from Korea in a class together because the teacher is Korean.
True
False
51
So far, how are you feeling about these questions?
if I study more, I'll be fine
I'M DOOOOOMED!!!!
just right
easy schmeasy
52
Blanket searches of students are typically illegal unless emergency situation.
True
False
53
Which has SCOTUS found CONSTITUTIONAL.
Some higher education race-based admissions policies
De jure segregation
K-12 race-based admissions policies
Admissions policies with quotas based on race
54
Outrageous conduct that is beyond the bounds of normal human decency that causes a victim emotional distress =
intentional inflication of emotional or mental distress
intentional tort
false imprisonment
assault
55
Parent objects (because of religion) to books with gay characters. Must you accomodate under Free Exercise Clause?
Yes
Courts have not yet decided
No
56
Access to public education is a federal constitutional right of every child in the U.S.
True
False
57
Which of the following examples of harassment may schools be held liable for:
girl student-to-girl student
substitute teacher-to-student
ALL of these responses are CORRECT
bus driver-to-student
58
What is the current status on sex education classes in schools?
Parents can request that their children opt out of sex education
Abstinence only education is required by federal legislation.
Sex education classes can be taught only in high schools.
If over 50% of parents sign a petition, then no sex education can be taught
59
To win a negligence lawsuit, what elements of negligence must be proven ?
breach of duty, causation, assumption of risk
duty, breach of duty, injury, causation
duty, breach of duty, injury, contributory negligence
none of these
60
Can a student religious group use school facilities?
All of these answers are correct
Yes. A religious group can meet as long as a teacher leads the meeting
If other groups are meeting then yes, under EAA & the 1st Amendment
Yes, a religious group could meet but a political group could not
61
What must you have/do for Exam 1
submit individualized study guide BEFORE Exam 1
arrive early
have reliable internet
ALL of these responses are CORRECT
62
Courts apply the Lemon Test to see if the Free Exercise Clause has been violated.
True
False
63
Serious bodily injury is an emergency exception when students with disabilities COULD be expelled BEFORE a MDR
True
False
64
a parent-led group would fall under the EAA
False
True
65
Which of the following would a court likely find is a legit reason for a school to punish student speech
there is a connection between off-campus speech and on-campus disruption
the speech is a direct, true threat
all of the other reasons are legit
the speech promotes illegal drug use
66
Which of the following is NOT a primary source of law.
Law review or journal article
Constitution
Statute
Case law
67
_______________ is the amendment that applies to teachers' personal appearance (t-shirts, tattoos).
8th
4th
1st
14th
68
the EAA state that, so long as they are orderly, teachers may conduct and attend the meetings of student-initiated group
False
True
69
Peer grading violates FERPA.
False
True
70
What is the hierarchy of the federal court system (in order of lowest to highest court)?
U.S. District Court, U.S. Circuit Court of Appeals, U.S. Supreme Court
U.S. District Court, U.S. District Court, U.S. Circuit Court of Appeals
U.S. Supreme Court, U.S. Circuit Court of Appeals, U.S. State Supreme Court
State Supreme Court, State Court of Appeals, State Administrative Courts
71
Which is an intentional tort?
breach of duty
false imprisonment
injury
duty
72
What is test to determine if student search is legal?
parent gave consent
police officer present
reasonable based on punishment; reasonable based on age
reasonable at inception; reasonable in scope
73
Schools usually must provide REASONABLE ACCOMMODATION of sincerely-held religious beliefs
True
False
74
School officials are required to report undocumented students to ICE
True
False
75
the EAA only applies to student-initiated religious groups
True
False
76
Due process for discipline = student is notified of infraction and has chance to respond
True
False
77
BRAIN BREAK - which is the BEST season?
Fall
Summer
Winter
Spring
78
Which is/are TRUE?
Lower cts have decided in favor of trans. students-but NO SCOTUS decision
Law surrounding transgender individuals is in flux
ALL of these responses are CORRECT
SCOTUS extended protection against job discrimination to LGBT employees
79
Under the EAA, secondary schools may never prohibit non-curricular student groups from meeting
False
True
80
What is awful about CoVid
anxiety that I'll be sick or someone I care about will be
not seeing family/friends
ALL of these responses are CORRECT
online classes
81
A regulation is created by an administrative agency and gives further clarity to a law.
False
True
82
IDEA and Section 504 use the same definition for disability.
True
False
83
Which federal law(s) prohibit a type of student harassment at school.
ALL of these responses are correct
Title IX of the Education Amendments of 1972
Title II of the Americans with Disabilities Act
Title VI of the Civil Rights Act of 1964
84
What is this: "Congress shall make no law respecting an establishment of religion"
The Establishment Clause of the 1st Amendment
The Free Exercise Clause of the 1st Amendment
The Free Exercise Clause of the 14th Amendment
The Establishment Clause of the 14th Amendment
85
Can schools require students to pass an exam to receive a high school diploma (i.e., a graduation test)?
ALL of these responses are correct
Yes, if students have adequate notice of the requirement.
Yes, if appropriate accommodations are made for students with disabilities.
Yes, if the exam covers what has been taught in the curriculum.

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