Study Guide for Law Test Legal Terms In Loco Parentis Duty to Care Negligence Tort Nuisance/Attractive Nuisance Due Process Quid Pro Quo Hostile Environment How are students protected from physical harm, educational malpractice, and abuse and neglect? Physical harm liability Malpractice: failure to learn Peter W. v. San Francisco Unified School District (1976) Montana State law: child abuse and neglect How are students’ right to privacy in their school records protected? Family Educational Rights and Privacy Act (FERPA) 1974 What is the extent of students’ right to due process? How are students protected from unreasonable search and seizure? Safford Unified School District v. Redding (2009) Board of Education v. Earls (2002) What is the extent of students’ religious freedom? West Virginia v. Barnette (1943) Engle v. Vitale (1963) Lee v. Weisman (1992) Santa Fe Independent School District v. Doe (2000) Board of Education of Westside Community School v. Mergens (1990) Edwards v. Aguillard (1987) Mozert v. Hawkins (1987) Agostini v. Felton (1997) Zelman v. Simmons-Harris (2002) What is the extent of students’ right to free expression and access to ideas? Tinker v. Des Moines Independent School District (1969) Morse v. Frederick (2007) Bethel School District v. Fraser (1986) Hazelwood v. Kuhlmeier (1988) What is the extent of students’ right to dress and be groomed in a way that they choose? How are students and teachers protected from sex discrimination and sexual harassment? Title IX Franklin v. Gwinnett County Public Schools (1992) Gebser v. Lago Vista School District (1998) Davis v. Monroe County (1999) What is the extent of a teacher’s personal rights? Pickering v. Board of Education (1968) How is licensure different from tenure and how does tenure work? What is collective bargaining? How can a teacher lose her job after tenure? How does copyright law affect teachers?