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Education Law Overview Of The Landscape Of Law And Education

689 words - 3 pages

Education Law Outline
Establishment clause creates a wall of separation between church and state. “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Child Benefit Test
1. Statute purpose is not to aid any religious or non-public schools and its primary effect was to improve the quality of education for all children.

Psychological Coercion Test
1. Whether or not prayer/religious activity would have a psychological impact on the students.

Endorsement Test
1. Whether permitting an event is an impermissible governmental approval or endorsement of religion.

Lemon Test
1. Must have a secular purpose
2. Principal ...view middle of the document...

Hazelwood Rational test – schools can control content so long as actions are related to pedagogical concerns.
1. Traditional open forum – can’t control
2. Limited open forum – can limit if showing pedagogical concern
3. Closed Forum – control

Search and Seizure (TLO) Totality of Circumstances (No warrant needed, some probable cause)
1. Was the search justified at its inception?
a. There are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or school rules.
i. How did the administrator lean about the infraction
ii. How reliable is the information? Was the source trustworthy?
b. Age and gender of the student.
i. The older the student the more intrusive the search would be viewed.
2. Search was reasonably related in scope to the circumstances which justified the interference in the first place.
a. Was the search targeted toward an action that was against school policy.
b. Area searched must be reasonable in terms of what the administrator is looking for.

Stafford Strip Search
1. Search measures used by schools officials to root out contraband must be “reasonably related to the objective of...

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