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ELPS LAW Comps
The Fourth Amendment
The Mt Healthy V Doyle case upheld that
ELPS LAW Comps
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1
The Mt Healthy V Doyle case upheld that
non-tenured teachers have free speech rights
none of the answers
non-tenured teachers must have 2 evaluations before firing
non-tenured teachers must apply for credentials w/in 2 years
2
The Fourth Amendment
explains due process rules
defines search and seizure of property rights
allows free speech
none of the answers
3
The Thomas v Atascadero Case ruling mandated
schools may exclude dangerous students
the state regulate and track HIV students
students cannot be excluded from school baed on illness/HIV
none of the answers
4
Agent of State explains that
None of the answers
teachers represent the government and are agents
non-government employees are exempt from teaching duties
State Farm Insurance Agents will be there
5
The Fifth Amendment
is an enumerated power amendment
was a groovy vocal group from the 60's
mandates an official religion
explains due process rights
6
A public secondary school has a limited open forum when
It allows a non-curriculum related group to meet on campus
It limits the groups that meet on campus
none of the answers
It allows groups to meet during instructional time
7
The US Constitution establishes...
All of the answers
the rights of citizens of the moon
that the government cannot mandate an official religion
A national religion
8
Which item is NOT true regarding the Brown Act
Post agendas 72 hours before meeting
All meetings, formal & informal, must have approved minutes
Time must be set aside for public comment
Brown Act is part of Government Code sections 54950-54963
9
The Sherman v Community School District case upheld
states right to set revenue limit
student's right not participate in Pledge of Allegiance
school's right to censor official publications
none of the answers
10
The Sheff v O'Neil case is concerned with
the problem of de facto segregation
eliminating inequalities between school districts
all of the answers
providing families with more school options
11
The Allen V Casper case is concerned with
States rights over the Supremacy Clause
none of the answers
contract law governing issue of expulsions
federal law for compulsory education
12
Negligence cases often cite the "reasonable person" standard, which is
none of the answers
cite reasons or people for the loss or injury
a standard measure to determine who pays for losses
what most people think a reasonable person should do/prepare
13
Case law is created through which process
all of the answers
Legislative means
Ed Code mandates
Court trials
14
The Hartzell V Connell decision states
fees may not be imposed for educational activities in HS
Schools may impose dress codes
All of the answers
Students have a right to privacy on campus
15
Tinker v Des Moines is a seminal
14th Amendment case
none of the answers
10th Amendment case
4th Amendment Case
16
The curriculum for students is
Approved by the Supreme Court
Mandated by the federal government
all of the answers
Established by the State Board of Education
17
Corporal punishment violates the 8th Amendment
False
True
18
Bethel v Fraser upholds...
school's authority to search students. Not 4th Amendment
none of the answers
state's authority to fund schools
school's authority to punish for lewd language. Not 1st
19
Teachers can be dismissed for which reason?
immoral conduct
criminal syndicate
dishonesty
all of the answers
20
Certifcated Employee Reviews
must be completed by March 15
none of the answers
are not required of permanent employees
must be finalized 30 days before the end of school
21
The Lemon Test
none of the answers
is a law about poor performing vehicles
refers to the Establishment Clause of the Constitution
determines if a school has cause to search students
22
Pickering v Board of Education is important beacuse
none of the answers
teachers have free speech rights especially political speech
it upheld teacher tenure protection
teachers were made mandated reporters
23
CA Administrative Code - Title V was established to
none of the answers
To interpret and implement the CA Education Code
Implement the Rodda Act
Define the role of the Department of Education
24
Teachers can be dismissed for which reason - EXCEPT?
Encouraging overthrowing the government
Excessive misdemeanor convictions
Being physically or mentally unfit
Teaching and supporting Communist ideaology
25
Proximal cause relates to
nexus between action of defendant & injury to the plaintiff
all of the answers
nexus between the role of the school system
the intent of the plaintiff only
26
Statutes are
Laws created through trials
Laws made by the legislature
made of marble, usually
Accidental torts
27
California is in the____ Circuit of the Federal Court System
Depeche
13th
10th
9th
28
The federal court system is comprised of three levels. Which one does NOT belong on this list?
court of appeals
the U.S. Supreme Court.
district court (court of trial)
Superior court
29
The Fuhr v. City of Hazel Park was a discrimination case about how
teacher not chosen to coach boys team because of her gender
an unmarried, pregnant teacher was wrongfully dismissed
none of the answers
a student was excluded from a sports team due a disability
30
The Hudson v Rowley case issue was about
Discrimination towards special needs students
SPED services for high achieving student = adequate services
all of the above
Improper IEP procedures
31
The Davis v. Monroe County student to student harassment case held
Principal liable when she covered up harassment
none of the answers
District liable: knew of ongoing harassment; student suicide
District not liable for harassment when intervened quickly
32
The Board of Regents vs Roth case held that
are exempted from union dues
non-tenured teachers can be dismissed without cause
all of the answers
must have two evaluations before dismissal
33
What is PERB?
Personnel Employment Review Board created by ESSA
All of the answers
Public Employment Relations Board created thu the Rodda Act
Personnel Employment Review Board created by the CA courts
34
Most torts are
1st Amendment issues
about negligence; intentional or accidental
none of the answers
really delicious
35
The Ingraham v Wright case
determined due process rights
upheld corporal punishment
all of the answers
struck down corporal punishment in schools
36
Brown V Board of Education overturned which case?
Beeson v Kiowa City
Goss v Lopez
none of the answers
Plessy v Ferguson
37
Beeson v Kiowa City is concerned with what type of rights?
none of the answers
14th Amendment - equal protection (married students)
8th Amendment - punishments (excessive swatting)
1st Amendment - freedom of religion (prayer)
38
Torts are
delicious
none of the answers
private/civil wrongs
usually decided by the Supreme Court
39
The Williams v. State of CA Settlement describes how parents must be notified
of school report card criteria
of right to hearing re: textbooks, campus, credentials.
of Single Plan for Student Academic Success
none of the answers
40
The Rose v Kentucky case was about school funding and...
all of the answers
KY changed its wording of the Constitution
there were great disparities in funding throughout the state
found KY's edu system unconstitutional b/c "inefficient"
41
The School District of Abington Township v. Schempp and Murray v. Curlett cases refer to
none of the answers
prayer & Bible reading in the classroom; actions prohibited
Segregation and equality in funding
4th Amendment protections, search and seizure
42
Probationary teachers attain tenure
after 2 years of continual service
when they complete their credentials
never, the laws have changed
after receiving "surpasses expectations" on evaluations
43
The Carey v. Piphus case safeguards from excessive fines
no large damages where little/no actual harm occurred.
none of the answers
Schools do not have to pay large fines for low attendance
Ed Code does not charge excessive fees for bus fares
44
The Gebser v. Lago Vista teacher to student harassment case upheld the court ruling
District is liable even if unaware of harassment
District not liable when no knowledge of the harassment
none of the answers
Principal is liable even if unaware of harrasment
45
Section 504 of the Rehabilitation Act also ensures
all of the above
students receive medical coverage at school
SPEDs cannot be punished if act is based on disability
post doctoral education opportinities
46
The Gonzalez v McEuen case held that
all of the answers
Due process rights are required for expulsion hearings
students have 1st Amendment rights of political expression
students have equal protection rights in school searches
47
What does the term "enumerated powers" mean?
Power corrupts absolutely
The Constitution is not an enumerated power
All Fed and State powers are listed in the Constitution
Items not mentioned in Constitution = state's right
48
Education is a state's right
false
true
All of the answers
Depeche Mode are the official band of the alt-right
49
The Goss V Lopez case upheld what type of rights?
All of the answers
Due process rights - suspensions and expulsions
Due process rights - written notifications
Due process rights - fair hearings/appeal rights
50
New Jersey vs TLO - seminal case that...
allows schools more leeway in student searches
upholds student searches, for cause
all of the answers
explains that students have nominal expectation of privacy
51
Brown v Board of Education overturned segregation in schools and...
upheld the doctrine of separate, but equal
provided FAPE
none of the answers
ushered in mainstreaming/inclusion for Special Ed students
52
Is corporal punishment permissible in CA?
No, it violates ED Code
Pain, will you return it? Bonus points if you sing the song!
Yes, it is protected by the Constitution
Maybe - it depends on the child's infraction
53
The Free Exercise clause states
Gov cannot infringe on religious freedom
None of the answers
Pays for your gym membership
Gov is responsible for taxing churches
54
What is the main concern of the Pyler V Doe case?
none of the answers
States cannot bar students with HIV from school
$$ for undocumented kids cannot be withheld from school
Married students may not be discriminated against
55
IDEA ensures
SPED students have the most restrictive environment
FAPE - free & appropriate edu for students w disabilities
all of the above
IEP's are updated every 5 years
56
Th San Antonio v Rodriguez case ruled that
schools must provide notice and hearing procedures
education is not a federal constitutional right
none of the answers
students may appeal suspensions
57
De Facto refers to
An Italian mob family
actual fact
Supreme Court cases
De Peche, duh...
58
The states establish the school system
False
True
59
Teachers can be dismissed for which reason?
member of the Communist Party
Felony convictions
all of the answers
Persistent violation of rules
60
Closed meetings may be held to
all of the answers
discuss negotiations
discuss litigation
discuss personnel matters.
61
Plessy V Ferguson is a seminal case that defined
concept of separate, but equal - upheld racial segregation
mandated quotas in education
all of the answers
search and seizure guidelines
62
Equal access refers to how
Schools must offer equal access to breakfast in the class rm
none of the answers
Fed funded schools must allow groups to meet on campus
Education policy must include equal access to new materials
63
Section 504 of the Rehabilitation Act ensures
all of the answers
that SPED students receive vouchers for specialized schools
there is no discrimination based on a disability
students have a right to an attorney when contesting IEPs
64
Written opinions by the Attorney General
are not binding
are binding
are binding if the governor agrees
none of the answers
65
The Individuals with Disabilities Education Act, IDEA
provides legal rights for students w disabilities
all of the above
set forth policies for HGTV
helps non-documented students enroll in schools
66
The Tinker v Des Moines case
held that student's have a right to free speech
denied students the right to protest during school hours
all of the answers
affirmed that students have the right to a free education
67
Administrative code established by the CA Dept of Ed to interpret and implement the Ed Code
All of the answers
Title V
Title III
Title IX
68
What is the main concern of the Lee vs Wiseman case?
Prayers at graduation are unconstitutional
Schools must charge for extra curricular activities
all of the answers
Students must stand for the Pledge of Allegience
69
De Jure refers to
trial by jury
actual laws
De Peche Mode
Ed Code violations
70
Serrano v Priest defined the idea of
all of the answers
education funding should be based on wealth of the state
education should not be dependent on $$ in the neighbohood
Fiscal neutrality
71
Which item is NOT part of the Lemon test?
Determines if the topic advances/inhibits religion
Determines if the topic promotes the religion of community
Determines if the topic produces excessive entanglement
Determines if the topic has a secular purpose
72
Permanent teachers if RIF'd
are not able to re-apply for jobs
have return rights for 39 months
all of the above
must reapply for new credentials
73
The 14 Amendment
determines eminent domain
determines punishments and fines
provides a Constitutional guarantee to free speech
provides equal protection and due process rights
74
The Brown Act
regulates closed meetings of school boards
All of the answers
is required of private organizations
guarantees the ppl's right to attend & participate in mtgs
75
Discretionary authority of the Board of Education refers to matters
not covered by fed/state laws board acts in good faith
specified by Ed Code, board must act in good faith
none of the answers
not described by the Declaration of Independence
76
The Rodda Act
all of the answers
allows teachers to strike
was sponsored by Al Rodda
gave teachers collective bargaining rights
77
The Palmer v Merluzzi case upheld
due process rights: cannot ban students w/out hearing/notice
students have equal protection rights for state testing
free speech rights: students can wear sports/gang attire
none of the answers
78
Classified personnel are entitled to a
hearing by SARB
30 day lay off notice
none of the answers
45 day lay off notice
79
Jeglin Vs San Jacinto upheld
none of the answers
school's right to search and seizure
Due process rights
Dress code does not violate free speech
80
The Engle v. Vitale is an Establishment Clause case that struck down a
Christian, Jewish, or Islamic prayer at graduation
the Lemon test guidelines
school's written & mandated recitation of an official prayer
all of the answers
81
Who determines negligence?
The defendant's lawyer
The plaintiff's lawyer
The courts
The injured party
82
The General Welfare clause...
Is a catch all clause to offer welfare to all citizens
Check out the General for an insurance quote
Education is not part of the country's general welfare
Allows the feds to tax for and make edu policy
83
Teachers have liability protection when
they have tenure
they pay an insurance fee
they act appropriately within the scope of their duties
All of the answers
84
The Supreme Court grants a writ of certiorari when...
none of the answers
at least 4 USSC justices agree to hear a case
the legislature votes for a writ
At least four states have similar lawsuits on the same topic
85
The Berg v. Glen Cove District Court case
none of the answers
upheld parent's rights to not immunize thier children
provided 1st Amendment protections
upheld 5th Amendment rights for the right to remain silent
86
The Thomas v Atascadero case found that
the teacher was negligent in supervising the student
the student violated state Zero Tolerance policies
all of the answers
the district was in violation of Section 504
87
The Hazelwood v Kuhlmeir case is concerned with...
none of the answers
4th Amendment - school's may search students for cause
1st Amendment - schools may censor offical publications
14th Amendment - Due process for explusions
88
Negligence cases consider
all of the answers
duty of care
actual loss
standard of care
89
LRE refers to
least restrictive environment, built into IEP
all of the answers
least restrictive environment, which is a school mandate
the Anti-Discrimination Act of 1945
90
The ADA is
Americans w Disabilities Act, ensures no child left behimd
the Americans w Disabilities Act, prohibits discrimination
all of the answers
Americans w Disabilities Act, prohibits selfies
91
The First Amendment
provides notice and hearing rules
All of the answers
mandates due process laws
establishes the right to free speech and freedom of religion
92
What is the main concern of the Pierce V Society of Sisters case?
Sports-gang attire in secondary school may be prohibited
Private school education is allowed under compulsory ED laws
Separate, but equal schooling is permissable
Teachers may not be card carrying Communists
