Card Set Information
EDA 6232 midterm UCF
EDA 6232 midterm
What are the exemptions to the rule that personnel files are open to the public?
current year's evaluation
anything negative until employee has had 10 days notice to review
Pickering v. Board of Education
outside school activity
Pickering fired for letter to editor regarding how school board spent money
Supreme Court ruled not disruptive and teacher had right to freedom of expression
Freedom of Out-of-School Expression flow chart
Was the expression by the school employee of legitimate public interest?
Yes (proceed) No (employee loses)
Was the action by the school district substantially motivated by the expression?
Yes (proceed) No (employee loses)
Does the First Amendment interest of the employee in question outweigh the interest of the school in promoting the efficiency of the school, discipline of its students and harmony of its workers?
Yes (Employee wins) No (Employee loses)
Civil Rights laws
find authority under 14th amendment
Equal Protection Clause
apply to everybody
Title VII of the Civil Rights Act of 1964
protect individuals from discrimination in employment on the basis of sex, race, color, religion or national origin
Title VII compliants filed initially with the Equal Employment Opportunity Commission
A Title VII contains what three elements?
The complaintant needs to demonstrate that there is a prima facie case
The employer needs to prove that the reasons for not giving the complaintant the opportunity were legitimate and non-discriminatory
The complaintant then needs to prove that the reasons are pre-textual (after the fact rationalizations)
What does a complaintant need to demonstrate that there is a prima facie (evident on its face) case under Title VII?
he/she is a member of the protected class
he/she sought and was qualified for opportunities available with an employer
despite the qualifications was denied the opportunity
following this deniel, the opportunity was given to other persons of a non-protected class and with qualifications equal to or less than those possed by the complaintant
What must a student have in order to be eligible for athletics?
2.0 GPA on a 4.0 unweighted scale
enrolled as a bonafide student in the school for which the student intends to play at the beginning of the school year
be within 4 years of first enrolling in 9th grade
be no older than 19 years 9 months
signed parental consent to participate in the sport
certified as physically fit for participation in the sport by a physician
maintained his or her amateur status
Can a student that is home schooled or goes to a charter school that doesn't have the sport participate in sports at the public school?
yes at the public school of her zoned residence area
When notified by law enforcement a student is missing schools must
red flag records
when another school contacts for records notify law enforcement
What are the 6 possible grounds for dismissal for a person with a PSC contract?
misconduct in office
conviction of a crime involving moral turpitude
willful neglect of duties
What is Gross Insubordination
continuing intentional refusal to obey direct order, reasonable in nature
What is misconduct in office?
violation of educator code of ethics
Professional Service Contract
have property right and job cannot be taken away without due process
if have issues or determined incompetent given 90 day plan which provides inservice/training
can change terms from year to year
When in the constitution does govenment get authority to enact education law?
: Article 1 Section 8 -- general welfare clause
: Article 9
Class enrollment size
PK - 3
4 - 8
9 - 12
School Board Authority
school districts are political subdivisions of the state and the school board is the governing authority of that political subdivision
the school board creates policies (rules) however, rules, policies must be consistent with the law above it (state, constitution)
Minimum square footage
the older a child gets the less space they get
The 14th amendment provides
no state shall deny life, liberty or property without due process
due process from state government
What are the sources of law?
Administrative Rules (ex. FL Board of Ed)
Dual Court System
Federal Court System
State Court System
Generic Term-- State-- Federal
Trial Court -- Circuit Court -- District Court
Appellate Court -- District Court --Circuit Court
Supreme Court -- Supreme Court -- Supreme Court
Church and state
No school employee shall promote any religion, nor shall we inhibit any religion
During free reading student can read Bible, teacher cannot
Okay to have performance with religious music -- artistic merit
Can we rent school facilities to a church?
Yes as long as terms and conditions same no matter who rent to
Where is education mentioned in the Florida constitution?
uniform system of free public schools
no state money given to any religious institution or religious purpose in any form
Americans with Disabilities Act (ADA)
cannot hire or fire based on disabilities as long as can do the job -- essential qualifications -- 504 plan
for employees -- Reasonable Accommodations
ADA applies to any employers with 15 or more employees
When did PSC become effective?
School Advisory Counsel
names and people on are approved by school board
more than 1/2 total SAC makeup non-school employees
teachers, support staff, students and parents -- each elect their own
What are the rules regarding Student Medication?
school district includes a procedure for training to assist with administering medication
policies & procedures include:
written parental permission, including the neccessity for medication
each prescribed medication to be administered shall be received, counted and stored in its original container
all prescribed medication, when not in use, shall be stored in original containers under lock and key
we don't ask, they don't tell
Florida Pupil Records Law
privacy of student records
Title 17 of US code
protects rights of creator
Fair Use Exception
public schools and not for profit private schools
allows ability to photocopy or show movies without permission
not too much, too often
doesn't kick in until age 40
stops at 70
Florida does not require teachers to retire at a certain age
What can you ask during an interview?
if 18 years of age
what languages speak
if legally authorized to work in US
names of relatives already employed by district
height and weight if a job requirement
if can perform duties of position
if ever convicted of a felony
if belongs to an organization relevant to the position
if served in the US military and if received an honorable discharge
education relevant to the position
What can't you ask during an interview?
age or birthdate
ages of applicant's children
nationality of applicant, place of birth, lineage or that of the applicant's parents
questions concerning applicant's color or race
other citizenship, visa or naturalization questions
questions regarding gender (unless bonafide qualification), marital status, pregnancy or number of children
furnish a photo
ever treated for specific diseases, had prior alcohol or drug problems or any other disability
ever been arrested
other clubs, organizations, or societies
served in a foreign military service
dates of school attendance or graduation
FL statute requires system of school accountability
member terms -- 4 years with no term limits
Where can appeals be filed?
If student expelled or employee fired they appeal with court of appeals
5 district courts of appeal in Florida
Central FL in 5th district
Florida in 11th Circuit Court (federal)
along with school computer, school email can be audited
case which codified SCOTUS position on religion
3 prongs must have all to win:
did they intend to promote religion (intent)
did it in fact promote religion (effect)
did actions create excessive entanglement between school & religion