Name Public School Law Comprehensive Exam Study Questions 1. As a resident and employee of a school district in Texas, which of the following decisions is binding to you? a. b. c. d. e. 2. 826 F.2d 526 (7th Cir. 1987) 801 F. Supp. 585 (Ala. 1992) 622 N.E.2d. 367 (Ohio 1993) 430 U.S. 651 868 F.2d. 90 (3rd Cir. 1989) Regarding school finance, which of the following statements is false? a. In the absence of specific enabling legislation, school district do not have the authority to levy and collect taxes. b. The term “independent school district” means that the school district has the authority to levy and collect taxes. c. In San Antonio v. Rodriguez, the U.S. Supreme Court found that the Texas system of public school finance did not violate the Equal Protection Clause of the Fourteenth Amendment. d. Independent school districts in Texas actually set two separate tax rates each year. e. Although a state-wide property tax is legal in Texas, the legislature allows each independent school district to levy and collect its own taxes. 3. Which of the following is legally acceptable or correct? a. Since Tutu ISD has a low bonded indebtedness, the board of trustees chose to set only one tax rate. b. A district’s property tax rate is based on the fair market value of the property located within the district’s boundaries. c. The Texas Constitution provides the State Board of Education with the authority to manage the permanent school fund. d. Money recaptured from property wealthy school districts is distributed equally to all non-wealthy school districts in Texas. 4. Lexis-Nexis is a wonderful tool. Having access to it is particularly helpful to you when you want to read the decision of the courts. However, you know that you are unable to access the decisions of which court? a. b. c. d. State District Court State Courts of Appeal Federal District Court Federal Courts of Appeal 5. Approximately the third day of school you receive a packet of information from the Texas Education Agency. This packet includes the guidelines for the identification of gifted/talented students. These guidelines are a. b. c. d. e. 6. IDEA is an example of what kind of law? a. b. c. d. e. 7. Statutory Law Case Law Administrative Law Constitutional Law Common Law Which of the following cases would be binding to all Texas school administrators? a. b. c. d. e. 9. Constitutional Case Administrative Statutory None of the above A recent report in the local newspaper indicated that the funding for Title I (20 U.S.C.A. § 6301) programs has increased to over $ 9 billion. Title I is considered a. b. c. d. e. 8. Statutory Law Case Law Administrative Law Constitutional Law Both b & c 294 F. Supp. 2d 10 (D.D.C. 2003) 590 S.E.2d 567 (Va. 2004) 356 F.3d 798 (7th Cir. 2004) 296 F.Supp. 2d 726 (S.D. Tex. 2003) 977 F.2d 963 (5th Cir. 1992) Which of the following is true? a. b. c. d. Administrative law is the law determined by the federal court system. The US Constitution specifically delegates the responsibility of educating the public to the state. Decisions of the Commissioner of Education may be appealed through the state court system in the county in which the plaintiff resides. Statutory law regarding public education in Texas is located in the Texas Education Code. 2 e. 10. Special education guidelines are often confusing. Although you feel pretty good about your special education teacher's knowledge of the law, you feel compelled to read the law for yourself. Federal special education guidelines can be found in a. b. c. d. e. 11. Full immersion programs Dual language programs Transitional bilingual education Developmental bilingual education Of the following statements about special education, which is not true? a. b. c. d. 13. IASA ESEA LRE FAPE IDEA This is the first year that Hardknox Elementary School is required to deliver a bilingual education program. By statutory law, bilingual education programs in Texas must be a. b. c. d. 12. Upholding guidelines for contract law is the responsibility of the State Board for Educator Certification. A special education student may be graduated from high school even if he or she does not meet the state and district graduation requirements. If parents do not give permission for diagnostic testing, prior to testing the school district must obtain approval for testing via due process provisions or the courts. The stay put provision requires a school to maintain the educational placement of a special education child (at least temporarily) in the event that a parent disagrees with any change in placement. Even if an educational need does not exist, a child who otherwise qualifies for special education must be offered services. When you talk with Ms. Thompson’s group about financing public schools, it is important that you tell them that the US Supreme Court in Rodriguez v. San Antonio verified that a. b. c. d. Local districts must establish 2 separate tax rates Education is a state issue States may levy and collect taxes for educational purposes The available school fund is unconstitutional 3 14. The ladies club doesn’t understand all of the fuss about Edgewood v. Kirby, and how the state supreme court decision affected public school financing. So, you are sure to tell them that a. b. c. d. Actually the decision had little effect on public school funding Because of the decision, districts now get more federal funds Districts spending less than a specified amount of money per student are given a larger percentage of the available school fund Districts capable of spending more than a specified amount of money per student are required to share that wealth with other districts The local board of education is presented with a petition by parents and teachers of one of the district’s elementary schools. This petition asks the board to designate Leary Elementary School as a charter school. This was apparently in response to a request made by a group of local entrepreneurs who want to create their own elementary school that would draw students from the Leary attendance zone. 15. Currently, students at Leary must receive grade reports at least a. b. c. d. 16. The parents and teachers representing Leary want a a. b. c. d. 17. Home-rule charter Campus or program charter Open-enrollment charter None of the above The entrepreneur group must obtain approval for a charter school from a. b. c. d. 18. Every 3 weeks Every 6 weeks Every 9 weeks Every 12 weeks The local board of education The voters of the district The State Board of Education None of the above As principal of the local high school, you have been designated as the district’s attendance officer by the superintendent. As a consequence, you have been “cramming” for the job by engaging in considerable study. In doing so, you discover which of the following statements to be not true? a. The Amish exception provides for all individuals to be exempt from compulsory attendance laws if the laws conflict with their free exercise of religious beliefs. 4 b. c. d. e. 19. Which of the following is NOT required within 30 days of enrolling a student? a. b. c. d. 20. Algebra I Algebra II Economics, with an emphasis on the free enterprise system Government Biology An invocation prior to a high school football game is no longer acceptable. Which of the following court cases struck down such prayer? a. b. c. d. e. 22. Records from the previous school Birth certificate Social security number Immunization records We know that Richperson High School offers an enriched curriculum (according to statutory law) because the class schedule offers a. b. c. d. e. 21. The US Supreme Court in Pierce v. The Society of Sisters found that private schools may meet the specifications of compulsory attendance laws established by a state. Texas students must be in attendance at least 90% of the instructional days in order to receive credit for a course. According to TEA v. Leeper, home schooled students are essentially privately schooled if there is specific instruction including (but not limited to) instruction in good citizenship. b&d Doe v. Taylor Ingraham v. Wright Gebser v. Lago Vista ISD Abington v. Schempp Santa Fe ISD v. Doe State compensatory programs are designed to assist students who a. b. c. d. economically disadvantaged. culturally disadvantaged. at risk of dropping out of school. are gifted or talented. The following statements are true or false. 5 23. Students have the right to be afforded the same amount of due process when denied the right to participate in extra-curricular activities as they would any educational activity. 24. According to statute, the district may disallow a student at Baluga High School to participate in graduation exercises even though s/he does not pass the exit level TAAS. 25. Boards may meet in executive session to discuss pending litigation. 26. Most successful challenges of financing public schools occur in the state courts. 27. Children have no legal right to attend a specific school within a district. Answers: 1: d 4: a 7: a 10: e 13: b 16: b 19: c 22: c 25: true 2: d 5: c 8: e 11: b 14: d 17: c 20: c 23: false 26: true 3: c 6: d 9: d 12: d 15: d 18: a 21: e 24: true 27: true 6