Reading Questions Chapter 2 (2)

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ED506: Chapter 2 Reading Questions The Law of Education It is critical for educators to understand and be able to locate sources of law. Educators should also be able to locate information regarding the operation of schools within their states.  You should be able to locate information in order to respond to questions about education in your school district and state. You need to become familiar with the U.S. Constitution (see appendix of text) the Missouri Constitution, the Missouri State Board of Education and Department of Elementary and Secondary Education (DESE) websites Other organization's sites (e.g., the Missouri State Teachers Association or the Missouri National Education Association, may also be of help). 1. What are the three branches of government as defined by articles I-III of the Constitution? What are the functions of each of these branches in regard to creation and enforcement of laws ? Are the branches co-equal? The three branches of government defined in the Constitution in articles I-III are the legislative, executive, and the judicial branch. These three branches all hold equal powers which was intended by the founding fathers who wrote the constitution. With these three branches all holding equal power, no one branch can overrule the other. The founding fathers did not want a rerun of how England ruled with a King/Queen. The Legislative Branch was defined in the first article of the Constitution. Within the Legislative Branch, you will find the Congress which is the Senate and House of Representatives. This is the branch of government that makes the laws. The Executive Branch was defined in the second article of the Constitution. Within the Executive Branch, you will find the President, Vice President, Cabinet, and most federal agencies. This is the branch that will carry out and enforce the laws that were written by Congress. The Judicial Branch was defined in the third article of the Constitution. Within the Judicial Branch, you will find the Supreme Court along with other courts. The people in the Supreme Court are appointed by the Congress. The job of the Judicial Branch is to evaluate laws. This allows for anyone who has been accused of a crime to stand in front of a jury and judge.
2. What fundamental freedoms are contained in the First Amendment to the Constitution? Discuss the importance of each freedom. The fundamental freedoms that are contained in the First Amendment of the constitution are freedom of speech, press, assembly, religion, and the right to petition the government. The importance of freedom of speech is being able to speak how you feel on whatever you feel. Now obviously there are things you shouldn’t say to others to hurt them but for the most part you can go about your day without worrying about not being able to say what is on your mind. This is especially important when it comes to talking about the Government. In some places you can be executed for doing so. Our founding fathers didn’t want that to happen. The importance of freedom of press is to keep the government held accountable. The people can run cases/reports on the government if anything is going on that may look to be like a red flag. They also can’t be arrested for this as well. The importance of freedom of assembly is that the government/police cannot stop a peaceful protest from happening. By protesting, this is a great way to have issues brought to the forefront. As long as it is peaceful, so many good outcomes can come from this. Not only does freedom of assembly have to do with protests, but even having private gatherings in your own home. The importance of freedom of religion is allowing you to believe or not believe in whatever religion that may be. This is important to be able to express yourself and believe in whatever you want to believe in. This gives people the safety they need to practice their religion. In other areas, one can be arrested and even killed for practicing a certain religion. The importance of being able to petition the government important. Without it, you couldn’t file or even speak anything negative about the government without the fear of being arrested. This law protects the people to be able to do so with no punishment. 3. What is the difference between case law and statutory law? The Federal Courts are divided into Circuits. Which Circuit represents the citizens of Missouri? Of Illinois? Of Kentucky? My understanding of a case law is that it is based on a judge/judicial decision from evidence and facts from said case. This makes since because judges review different cases, thus becoming a case law. These case laws are used as a benchmark on punishment or decision for if the next person. (Fraud, battery, defamation, etc.) A statutory law is a law that is created by the Legislative Branch (Congress) and follow the usual process of an act/law to be passed. An example would be the Civil Rights Act of 1964. There are 12 reginal circuit courts in the United States. Missouri is in the 8 th circuit, Illinois is in the 7 th circuit, and Kentucky is in the 6 th circuit.
4. What does your state Constitution (MO or other state) state about the purpose of education? What is the exact wording? What does this mean in plain English – What exactly does the state expect public education to accomplish for society and its citizenry? Be sure to include the citation, i.e. article # or section of the Constitution. The Missouri Constitution states in Article IX Section 1(a), “A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people…” In other words, everyone has a right to a free education in hopes that it will help them contribute to society in a positive and helpful manner. The state expects you to use this knowledge that you have learned in school to contribute to society. That would be things like getting jobs, staying out of trouble with the law, and investing in younger generations. Education also helps to keep the citizens informed of their rights to help keep law and order safe and running smoothly.
LaDonna's case at Jefferson Middle School (Suit Three) After reading suit three, there was similar incident that happened back in 2009 during the Stafford Unified School District V Redding. Both issues came from a tip that a student was selling painkillers, which then lead to a search. The core legal issue under dispute is whether or not the Fourth Amendment right was violated. Under the Stafford Unified School District, there was no violation when the student was searched of her book bag, jacket, locker, and purse. This is the same for the Jefferson Middle School search of LaDonna. The violation occurred for both schools when a strip search took place on the middle schooler. In the Stafford School incident, nothing was found in the initial search or the strip search. In the case for LaDonna, two Midols were found in her purse and nothing in the strip search. This is still not enough evidence to do a strip search since the tip said that the student was trying to sell a couple of prescription Tylenols, not Midol. Also, a strip search should only be done under these circumstances according to Title XI Education and Libraries Chapter 167. The first is that it may only be done by a law enforcement officer. If an officer is not available, the school employee may do a strip search but only if the student imposes an immediate danger. An example of the immediate danger would be if you thought the student had a weapon, explosive, or substance that has the capability of harming other students. A student allegedly having prescription Tylenol is not enough evidence to enforce a strip search by the Assistant Principal. The Assistant Principle is at fault due to the unreasonable search and seizure against the student making her remove gym clothes and pull out her bra and underwear to be searched. This would be the case for both Jefferson Middle School and what happened during the Stafford Unified School District trial. The next steps that the school must do is immediately suspend the AP without pay for violating subsections 1-4 of chapter 167 in Title XI Education and Libraires during the hearing of the trial. Next, they will have to go to trial since they couldn’t come to an agreement with the student and their family. Source: 167.166 . Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law, Joint Committee on Legislative Research. (n.d.). Retrieved January 29, 2023, from https://revisor.mo.gov/main/OneSection.aspx? section=167.166&bid=8322 Links to an external site.
Let Us Pray Dear School Board President, I believe that the proposed policy by Alison Watts to include the establishment of a limited open forum for student speakers at commencement activities and all high school home football games should not be implemented in the Riverboat School District. According to ISLLC Standards, an educational leader should promote the success of every student by “acting with integrity, fairness, and in an ethical manner”. Diversity is an inescapable factor is school districts and as educators, we must be able to accommodate for all ethnicities, races, and minorities. If one group is allowed to vocalize their beliefs, then we must provide the same opportunity for other groups as well. However, with attendance being mandatory for some groups such as marching band, football players, coaches, cheerleaders, and more, some might become offended or appear in dismay about their religion being pushed to the side due to one getting more attention than another. Sante Fe Independent School District V. Doe (2000) was an instance where the Texas District School Board Policy allowed student-initiated prayers at football games to be unconstitutional. Their reasoning for this was that students were subjected to only approved messages broadcast over the school’s PA system, the process does nothing to protect minority views, and many students were required to attended. In addition, Lamb’s Chapel v. Center Moriches Union Free School District, in 1993, said religious speech in public schools is a fully protected subset of free speech. As I understand this, if students want to have a school prayer, they are welcome to do so, but not over a PA system, forcing everyone to be associated with, listen, or participate in. As long as they don’t announce it over the PA system, they are able to meet and pray before games, but not address the entire population. Regarding the commencement activities and graduation, the students who are speaking are more than welcome to pray audibly if they choose. The reason for this being that it is an event that doesn’t have to be attended and the student has the freedom of speech to do so. In addition, the events that happen outside of school like the baccalaureate, are able to have student led prayer as it is not a mandatory attendance and are not done over a PA system. I am aware student’s right of speech may not be restricted, and I do not want it to be. However, there are numerous opportunities to exercise this right in after school clubs, extra
curriculars, and even outside of school. Perhaps allowing prayer to be affiliated with football games may present the feeling to other religious groups that they are not valued or matter. We must be able to accommodate to all diverse groups and allow each an equal opportunity to express their beliefs in a safe and ethical manner. Sincerely Sources Mitchell, T. (2020, August 14). Religion in the public schools . Pew Research Center's Religion & Public Life Project. Retrieved February 5, 2023, from https://www.pewresearch.org/religion/2019/10/03/religion-in-the-public- schools-2019-update/ Stader, D. L. (2013). Chapter 2. In Law and ethics in educational leadership (pp. 20–20). essay, Pearson.
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