Legalese for Beginners | What Process is Due | Whose to Blame? | Decisions. Decisions, Decisions | The General Store |
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What is plaintiff and defendant?
These terms are the official designations for the party who initiates a lawsuit and the party which must respond to the complaint.
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What are Miranda Rights?
When called into the principal's office for questioning on vandalism to the bathroom, the administrator is not required to read a student this statement.
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What is negligence?
This is a failure to exercise reasonable care and can result in a teacher or school district being found responsible for a student injury.
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What is Owasso Independent School Dist. No. I-001 v. Falvo?
This court case ruling resulted in teachers being able to continue grading papers in class without a violation of FERPA.
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What is Board Policy?
As a principal, the first place to look when deciding how to handle a situation is probably this.
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What is case law?
The judicial branch of government creates this, using past precedents to make decisions.
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What is Goss v Lopez?
This United States Supreme Court Case defined the conditions which must be met for students to be suspended in accordance with due process.
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What is an intentional tort?
While negligence is not intentional, this term describes a deliberate attempt to cause harm and is not your grandmother's fruit pie.
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What is Mahanoy Area School District v. B.L.?
This court case ruling resulted in students being able to use profanity about a school situation on social media without penalty.
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What are statutes?
These are expectations which schools and educational agencies must follow and were established by the legislature.
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What is amicus curie (friend of the court)?
You can be one of these regardless of whether you are supporting a reversal or affirmance of a previous court decision.
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What is hold a hearing in which you tell the student what they are accused of doing and allow the student to share their version of the incident?
If you do not fulfill these two requirements before discipline a student, you will be in violation of a student's constitutional rights?
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What is assault, battery, and libel?
I say, "I'm going to break you like a twig". I hit you and break your nose. I write a letter to the editor saying you are abusive to students in your classroom knowing that you are not.
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What is New Jersey v. T.L.O.?
This court case ruling resulted in a standard of reasonable suspicion being used in school search and seizure cases.
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What is a true threat?
This communication is not a joke and can result in prosecution under the law.
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What is stare decisis (let the decision stand)?
At home, this is when mom supports a decision made by dad. In the legal system, it is called this.
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What is "loco parentis" (in place of parents)?
Teachers are not "crazy guardians" but are held to this standard when dealing with students.
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What are punitive damages?
Compensatory damages allow a person to recoup expenses from a lawsuit but if you are awarded $1,000,000 and legal fees these damages mean there was malice or disregard for you.
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What is Whitaker v. Kenosha Unified School District #1?
This court case ruling resulted in transgender students in Wisconsin being able to use the bathroom of their identified sex.
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What is a zero tolerance policy?
This policy, if followed, could result in a kindergarten student being suspended from school for bringing a bag of mowed lawn grass to school and telling her friends it is chewing tobacco.
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What is a "writ of certiorari"?
Your case will be heard by the United States Supreme Court or an appeals court if upon a discretionary review it is granted so by a vote of the justices.
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What is substantive due process?
A principal decides to not allow a student to have his diploma because the student skipped school the entire last week of his senior year, This consequence would likely be in violation this due process which ensures that laws or statutes or school consequences do not have an unfair impact on individuals.
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What is sovereign/tort immunity?
This protects the government (i.e. school districts) against liability from the actions of their employees and is designed to not waste taxpayer money on frivolous complaints.
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What is Engle v. Vitale?
This is a court case ruling that limits public school employees from promoting organized prayer in school.
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What is due process?
The vast majority of complaints filed with DPI are usually ruled in favor or parents if this is not followed.
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