Question One
There are three essential functions of the courts of the United States as it relates to litigation involving public schools. The three judicial functions of the courts include settling controversies through the application of legal principles to specific facts, interpreting statutes, and determining the constitutionality of a legislative or administrative action (Alexander& Alexander, 2005).
In order for the courts to apply principles to settle controversies, the courts must determine that the school district, the individual, or both are disputing the facts of a situation that has occurred. The primary reason that the courts get involved in litigation among individuals and school districts is because of the ambiguity of the principles of the law relative the situation in question. Due to the inaudibility of the legal principles relative to the case, it is often difficult to ascertain statutory guidance (Alexander & Alexander, 2005).
Last but not least, when the courts implement the judicial function of settling controversies through the application of legal principles, the judge must refer to judicial precedence for guidance in deciding on school litigation (Alexander & Alexander, 2005).
The second judicial function of the court is to interpret statutes, which represents the largest and most common litigation facing public schools today. The courts usually get involved because the statutes are comprised of words which can be left open to individual definitions and interpretations. Therefore, the courts must clearly define the meaning of the legal statute. According to Alexander & Alexander (2005) there are four ways in which legislation can be interpreted once litigation is inevitable �.
The Essay on Summary of Special Education Laws and Court Cases
Board of Education v. Rowley1982Individual plan & supportive services. A program of a special child is compared to the program of a none disabled for appropriateness. Abrahamson vs. Hershman1983If residential placement is required, school must provide it via district funds Dept of Ed. vs. Katherine D1984Home bound is not LRE [Least Restrictive Environment], receive medical services Irving ...
� They might receive it into the body of law as affording not only a rule to be applied but a principle from which to reason, and hold it as later and more direct expression of general will, of superior authority to judge �made rules on the same general subject (p.4).
�They might receive it fully into the body of the law to be reason from any analogy the same rule of law, regarding it, however, as equal or coordinate authority in this respect with judge-made rules upon the same general public (p.4).
�They might refuse to recover it fully into the body of the law and give effect to it directly only; refusing to reason from it by analogy but giving it, nevertheless, a liberal interpretation to cover the whole field it intended to cover (p.4).
� They might only refuse to reason from it by analogy and apply it directly only, but also give to it a strict and narrow interpretation, holding it down rigidly to those cases which it covers expressively (p.4).
Unfortunately, there are four ways that legislation can be interpreted. But, the courts of today have a tendency to lean towards liberal and strict and narrow interpretations of the statues when school litigation is involved. On the contrary, when taxing authorities are in question and large capital outlay is involved the courts interpret the statute in clear strict manners (Alexander & Alexander, 2005).
The last judicial function of the courts in school litigation is the determination of constitutionality. In determining constitutionality, the courts must determine if the act in question is constitutional and any individual mandating that there is a conflict must bear the burden of proof (Alexander & Alexander, 2005).
Any statute that will afford the opportunity to be decided upon in two distinct ways, and one way is constitutional; the court will always adopt the constitutional interpretation.
Determining constitutionality can be open to human judgment; therefore, Justice Brandeis adopted seven criteria for judicial review that is still being used in court proceedings today. After reviewing the seven criteria for judicial review, it can be understood that constitutionality of legislation will always take precedence over any other interpretation. Constitutionality will take precedence even when Congress raises questions about constitutionality (Alexander & Alexander, 2005).
The Essay on Home School vs. Public School 3
Schooling is an important decision in educating children. In today’s world more and more families are choosing to home school their children. While there are advantages and disadvantages to both options. The major factors in deciding which option is best are the learning environment, the curriculum, and meeting the needs of the child or children. Advantages: Home School Learning environment. ...
Question Two
Education was shaped by England�s influential governmental and religious beliefs during the colonial period. During the formation of the English colonies, it was understood that children of poor and lower- class families were to receive no educational training. The children in these families were to learn how to function as apprentices and be equipped to perform manual labor duties. This standard was largely due to the classicist system adopted by the English educational system.
It was not until 1642, that parents were charged with the duty to educate their children (Alexander & Alexander, 2005).
Public education or the concept thereof, was not born until Horace Mann, came up with a principle that everyone that lived in the state should be educated by that same state.
England�s governmental influence on schools in the colonies was limited for about 200 years. Schooling and the ability to attend school was only afforded to individuals in the upper echelons of society. The upper echelon society members attended �English� public schools (Alexander & Alexander, 2005).
Compulsatory attendance became law during the colonial period.
Even after the adoption of compulsatory attendance, English influence still could be felt on colonial efforts, to educate all children through a universal educational system free of charge. Because of this English influence pauper school laws came to fruition, which created additional classicism views on education. Families that were financially desolate could be afforded and opportunity to educate their children in private or specified pay schools if they would declare themselves paupers (Alexander & Alexander, 2005).
During the Enlightenment Period, all colonial people came into the realization that education was a real choice for freedom. The Enlightenment Period was birthed from the belief that freedom was the principal thing.
The Essay on Between Parents & School To Teach Children
“Some people think that parents should teach children how to be good members of society. Others, however, believe that school is the place to learn this. Discuss both these views and give your own opinion.” It is the opinion of others that children’s proper attitudes and behavior should start at home because that is the place where innocence of one child grows and formed. Family ...
It is paramount that other opposition to colonial efforts for early schools be mentioned. The Protestant and Catholic Church had problems with the creation of public schools. These religious entities believed that public schools would cause an increase in crime, juvenile delinquency, and other societal ills. The religious community often referred to public schools as Godless schools (Alexander & Alexander, 2005).
The religious community could not handle the influence they feared might arise from public school adoption, thus parochial schools were born in America.
Question Three
As a judicial member of the court, serving in the capacity of judge, it is imperative to discuss that students are entitled to the First Amendment right of free speech. Therefore, it is the student�s right to write and express his or her beliefs about �The Life of Jesus Christ�. However, in this case the student has not demonstrated enough evidence to prove that The First Amendment right was compromised.
Under the law, reprised from a higher education case of 1978, the court ruled that academic considerations are more subjective and evaluative than the typical factual questions presented, and academic judgments should be left in the hands of educators (Alexander & Alexander, 2005).
The student in this case was aware of the requirements of the assignment given by the teacher. The student failed to follow the instruction s explicitly given and explained by the teacher. The teacher permitted the students to write on a topic of their choosing, and a list was provided for all approved topics. The teacher also informed all students if they desired to change their topic it must be approved by the teacher.
The student chose the research and write about drama and the topic was approved by the teacher and placed on the list. The student of his or her on accord chose to change the topic without approval from the teacher. This action demonstrates the student did not follow instructions that were given by the teacher. The student failed to follow the instructions of an instructional assignment, thus warranting a zero for the assignment. According to Alexander & Alexander, when judges are asked to review situations of genuinely academic decisions, they must show respect for the faculty�s preferred judgment (2005).
The Research paper on Business process management Case Study
1.How would you define “business process management”based on this video and text reading? How would you compare it to business process re-engineering, continuous improvement, and total quality management approaches? Answer: -Business Process Management is most often associated with the life cycle of a business process. The process life cycle spans identifying and improving processes that deliver ...
Consequently, this case is purely academic; therefore, the teacher has not violated any constitutional rights. The student�s grade will remain as a zero, and in the future the student should make certain that he or she follows the instructions given by the instructor.
Question Four
The significance of the Tinker vs. Des Moines Independent School District case, involved students� rights to free expression, which is protected by The United States Constitution. In this case, two high school students and one junior high school student decided to protest in a silent manner against the Vietnam War and their desire for a truce.
The students demonstrated their protest through wearing a black arm band no more than two inches wide. They were going to wear the arm band through New Year�s Day. School administrators received word that the students were going to engage in this protest and panicked. The school administrators for fear of pandemonium adopted a policy that any student wearing the arm band would be suspended until the arm band was removed. The Tinker children and Christopher Eckhardt wore the arm band to school and were suspended. The students did not return to school until after New Year�s Day.
This case went to litigation on the premise that the students 1st Amendment Right had been violated by the school. The courts upheld the students, because the students cause no disruption to the educational process or other school activities. The students should have been permitted to wear their arm bands because it was a silent protest. The courts also reprimanded the school district, because they acted upon a fear that the educational process would be compromised. The courts believed that students should have been suspended if there was substantial evidence that their behavior compromised the educational process.
The Term Paper on Educational Experience Students School Teachers
I decided that I wanted to be a teacher when I was at the age of thirteen. I decided this because I always wanted to know what was on the other side of being a student, what it was like to be the teacher teaching, not the student learning. But throughout my education I have learned that learning is a continuous process. Teachers will be students for the rest of their lives. This is one of my ...
Question Five
According to the Goss v. Lopez case, there are certain procedural elements that are required for suspensions or expulsions from the learning environment for ten days or less. Ohio state statute gives school administrators the right to suspend a student for misconduct for up to ten days. School administrators are also given the right to expel students for misconduct for the same duration of time.
However, when suspensions and expulsions are given as a result of misconduct, administrators are required to notify the student�s parents within twenty-four hours. The administrator must inform the parents of the reason that the suspension or the expulsion was given. The students or the parents may appeal the decision to the school board and should be allowed to give their accounts of the infraction of misconduct. The students or the parents may be allowed to do this at a school board meeting. The school board has the authority to reinstate the student.
In the Goss v. Lopez case, a hearing should have proceeded or followed the suspension. The hearing did not take place; therefore the suspension could not be seen as valid.
Question Six
Procedural due process is required when disciplinary actions occur depending on the magnitude and the severity of the disciplinary actions. Procedural due process must occur when disciplinary actions require a suspension or expulsion. Due process states that the accused must have the right to a fair hearing.
Procedural due process requires that no person shall be their own judge. It also mandates the right to a hearing. The right to a hearing means that the accused student be made aware of the charges against him or her and have the opportunity to state their case as it relates to the accusation. The concept of due process is to be fair.
The courts have outlined in a case in Florida, three due process requirements that are applicable to all students being deprived of life, liberty, and property. Provision one of due process, mandates that students be given adequate notice in writing the grounds and nature of the evidence for the disciplinary proceeding. Provision two mandates that the student should be afforded an opportunity for a hearing, in which the student�s position is heard. Provision three, states that no action is taken that is not based upon substantial evidence (Alexander & Alexander, 2005).
Homework Stress School Parents Students
A University of Michigan study last year found homework increasing overall from 1981 to 1997, with the biggest increase falling on students aged 6 to 8, whose homework load tripled. Piscataway is one of many school districts to ban or severely limit homework across the country. The school board in this district of about 7, 000 students limited it on weeknights, from 30 minutes in elementary school ...
There are other provisions given as it relates to suspension and expulsions given during a critical academic period. During a critical academic period, procedural safeguards must be considered and the capacity of intensified due process (Alexander & Alexander, 2005).
Question Seven
The procedural due process rights for parents of children with disabilities contain certain procedures that are mandatory by federal law. Parents of children with disabilities must be given written notice and an opportunity to participate in the development of their child�s education program. Parents must be informed of all the methods and procedures by which conflicts and grievances are appealed and resolved.
Parents must be informed that hearings regarding the child�s placement must be impartial and unbiased. The parent has the right to a hearing, conducted by a person that is not employed by the school district or the state department of education. Parents must be informed that if the results of the hearing are unsatisfactory to the parent, then the parent can appeal to the state department of education.
During the hearing process, the child must stay in the assigned placement. After the decisions are rendered from the state department of education, an appeal can either be made to state or federal courts.