Mid-Term ReviewMid-Term Review

Hypothetical #1Hypothetical #1

When reviewing a hypothetical cases taking place in When reviewing a hypothetical cases taking place in Louisiana public schools, you are to review each case Louisiana public schools, you are to review each case based upon class discussions and your reading. Your based upon class discussions and your reading. Your

response should include the following:response should include the following: a. the legal problem(s) presented in the case. (3 points)a. the legal problem(s) presented in the case. (3 points) b. the rules or legal elements that relate to the case, b. the rules or legal elements that relate to the case,

including references to applicable case law and statutes. including references to applicable case law and statutes. (4 points)(4 points)

c. Using the legal rules or elements that you identified c. Using the legal rules or elements that you identified above, analyze the factual situation above, analyze the factual situation presented by presented by the hypothetical and draw a conclusion about whether or the hypothetical and draw a conclusion about whether or not the situation not the situation poses a legal problem for the school poses a legal problem for the school or school system. (4 points)or school system. (4 points)

d. If you feel that a problem exist, explain how this case d. If you feel that a problem exist, explain how this case should have been handled, citing cases and/or statutes. (4 should have been handled, citing cases and/or statutes. (4 points)points)

Hypothetical # 1Hypothetical # 1 You are the principal at Asulykit Kindergarten Center You are the principal at Asulykit Kindergarten Center

School. School. The school is operated by the Podunk Public School System. The school is operated by the Podunk Public School System.

Elmo is a four year old autistic student enrolled at your Elmo is a four year old autistic student enrolled at your

school who receives special education services. school who receives special education services. Elmo’s teacher, Ms. Getum Ottahear, just dropped into the Elmo’s teacher, Ms. Getum Ottahear, just dropped into the

office to report that Elmo has been absent from school office to report that Elmo has been absent from school since his I.E.P. meeting was held two weeks ago. since his I.E.P. meeting was held two weeks ago.

When asked if she has called to see why Elmo is not in When asked if she has called to see why Elmo is not in school, Ms. Ottahear replied that she talked to Elmo’s school, Ms. Ottahear replied that she talked to Elmo’s mother, Mrs. Ima Hardhead, who told her that there was no mother, Mrs. Ima Hardhead, who told her that there was no way in “H….” that she would bring Elmo back to that school way in “H….” that she would bring Elmo back to that school unless the school places Elmo in regular classes. unless the school places Elmo in regular classes.

a.a. (3 points). Identify the problem presented by (3 points). Identify the problem presented by the hypothetical by circling the answer that best the hypothetical by circling the answer that best identifies the main issue:identifies the main issue:

(i)(i) compulsory attendancecompulsory attendance (ii)(ii) corporal punishmentcorporal punishment (iii)(iii) discipline and due process; special discipline and due process; special

education discipline and discipline education discipline and discipline proceduresprocedures

(iv)(iv) legal actions/liability issues (torts, legal actions/liability issues (torts, supervision, intentional acts, vicarious supervision, intentional acts, vicarious liability, premises liability)liability, premises liability)

(v)(v) search and seizuresearch and seizure (vi)(vi) separation of church and stateseparation of church and state

Hypothetical #1Hypothetical #1

b.b. (4 points). Using the legal concepts and (4 points). Using the legal concepts and principles from class assignments, readings, etc., principles from class assignments, readings, etc., identify the rules or legal elements that apply to identify the rules or legal elements that apply to the hypothetical. Your answer does not have to the hypothetical. Your answer does not have to name a specific case or statute, however you name a specific case or statute, however you must use the concepts from those materials to must use the concepts from those materials to discuss the elements that apply in analyzing this discuss the elements that apply in analyzing this problem. Your answer should be written in problem. Your answer should be written in complete sentences using correct grammar and complete sentences using correct grammar and punctuation.punctuation.

Legal Concepts or PrinciplesLegal Concepts or Principles

Parents mustParents must send their child to a public or private day send their child to a public or private day school, and assure the child regularly attends assigned school, and assure the child regularly attends assigned classes during regular school hours established by the classes during regular school hours established by the school board.school board.

A child is subject to the compulsory attendance law from his A child is subject to the compulsory attendance law from his 7th birthday until his 18th birthday unless he graduates 7th birthday until his 18th birthday unless he graduates from high school before his 18from high school before his 18thth birthday. birthday.

The compulsory attendance law applies to children below 7 The compulsory attendance law applies to children below 7 years of age who are legally enrolled in school.years of age who are legally enrolled in school.

Children with disabilities are subject to the Louisiana Children with disabilities are subject to the Louisiana compulsory attendance law.compulsory attendance law.

A child with disabilities may be exempt from compulsory A child with disabilities may be exempt from compulsory attendance laws when there is written certification that the attendance laws when there is written certification that the child is mentally, physically, or emotionally incapacitated to child is mentally, physically, or emotionally incapacitated to perform school duties, or the child is unable to profit from perform school duties, or the child is unable to profit from further school experience. The written certification must be further school experience. The written certification must be made by a psychiatrist, psychologist, or other professionally made by a psychiatrist, psychologist, or other professionally qualified person.qualified person.

A public school child is considered habitually absent after 3 A public school child is considered habitually absent after 3 unexcused absences in any one month.unexcused absences in any one month.

Hypothetical #1Hypothetical #1 c.c. (4 points). Using the legal rules or (4 points). Using the legal rules or

elements that you identified above, analyze elements that you identified above, analyze the factual situation presented by the the factual situation presented by the hypothetical and draw a conclusion about hypothetical and draw a conclusion about whether or not the situation poses a legal whether or not the situation poses a legal problem for the school or school system. Your problem for the school or school system. Your answer must indicate how you arrived at that answer must indicate how you arrived at that conclusion through the analysis of the factual conclusion through the analysis of the factual situation and application of the rules or situation and application of the rules or principles to those facts. Your answer should principles to those facts. Your answer should be written in complete sentences using be written in complete sentences using correct grammar and punctuation.correct grammar and punctuation.

AnalysisAnalysis

D. Elmo is legally enrolled in school. Because he is legally D. Elmo is legally enrolled in school. Because he is legally enrolled, the compulsory attendance laws apply to him enrolled, the compulsory attendance laws apply to him even though he is below 7 years of age. He is not even though he is below 7 years of age. He is not exempted from compulsory attendance laws because of exempted from compulsory attendance laws because of his disability, but could be exempt if his mother obtained his disability, but could be exempt if his mother obtained written certification from a psychologist, psychiatrist, or written certification from a psychologist, psychiatrist, or other professional stating that Elmo is mentally, other professional stating that Elmo is mentally, physically, or emotionally unable to benefit from further physically, or emotionally unable to benefit from further education, or incapacitated to perform school duties. education, or incapacitated to perform school duties. Elmo now has more than 3 unexcused absences, and Elmo now has more than 3 unexcused absences, and therefore is habitually absent in violation of the therefore is habitually absent in violation of the compulsory attendance law. The school system is legally compulsory attendance law. The school system is legally responsible for reporting his habitual absence after all responsible for reporting his habitual absence after all reasonable attempts to have his mother return him to reasonable attempts to have his mother return him to school have failed to correct the action.school have failed to correct the action.

Hypothetical #2Hypothetical #2 Toedelyne High School is operated by the Independence Toedelyne High School is operated by the Independence

Public School System. You are the school principal. Last Public School System. You are the school principal. Last week while you were at a professional conference, the week while you were at a professional conference, the school’s dean, Mr. Gitcha Ifikan, frustrated by the continuing school’s dean, Mr. Gitcha Ifikan, frustrated by the continuing parental and school board complaints about suspending and parental and school board complaints about suspending and expelling students right and left, decided to take a new expelling students right and left, decided to take a new approach. After much thought and contemplation, Mr. approach. After much thought and contemplation, Mr. Ifikan decided that what these kids needed was a good dose Ifikan decided that what these kids needed was a good dose of old fashioned religion. He arranged for a representative of old fashioned religion. He arranged for a representative sampling of the local clergy to come to school and speak to sampling of the local clergy to come to school and speak to all the students at a mandatory assembly program. For the all the students at a mandatory assembly program. For the occasion Mr. Ifikan wore a t-shirt bearing the words “Repent occasion Mr. Ifikan wore a t-shirt bearing the words “Repent Sinners” emblazoned across the front. Because of Sinners” emblazoned across the front. Because of differences in student learning styles, Mr. Ifikan decided that differences in student learning styles, Mr. Ifikan decided that the verbal word was not enough, and arranged for all the verbal word was not enough, and arranged for all students to receive a copy of the Bible to keep as their very students to receive a copy of the Bible to keep as their very own as they left the assembly. In fact, since that was such a own as they left the assembly. In fact, since that was such a good idea, he assigned all students a passage to read from good idea, he assigned all students a passage to read from the Bible as homework. As he handed out the Bibles and the the Bible as homework. As he handed out the Bibles and the assignment to each student, Mr. Ifikan told them that they assignment to each student, Mr. Ifikan told them that they would “burn in Hell” if they didn’t shape up and follow the would “burn in Hell” if they didn’t shape up and follow the scriptures.scriptures.

a.a. (3 point). Identify the problem presented by (3 point). Identify the problem presented by the hypothetical by circling the answer that best the hypothetical by circling the answer that best identifies the main issue:identifies the main issue:

(i)(i) compulsory attendancecompulsory attendance (ii)(ii) corporal punishmentcorporal punishment (iii)(iii) discipline and due process; special discipline and due process; special

education discipline and discipline procedureseducation discipline and discipline procedures (iv)(iv) legal actions/liability issues (torts, legal actions/liability issues (torts,

supervision, intentional acts, vicarious liability, supervision, intentional acts, vicarious liability, premises liability)premises liability)

(v)(v) search and seizuresearch and seizure (vi)(vi) separation of church and stateseparation of church and state

Hypothetical #5Hypothetical #5 b.b. (4 points). Using the legal concepts and (4 points). Using the legal concepts and

principles from class assignments, readings, principles from class assignments, readings, group activities, etc., identify the rules or legal group activities, etc., identify the rules or legal elements that apply to the hypothetical. Your elements that apply to the hypothetical. Your answer does not have to name a specific case or answer does not have to name a specific case or statute, however you must use the concepts from statute, however you must use the concepts from those materials to discuss the elements that those materials to discuss the elements that apply in analyzing this problem. Your answer apply in analyzing this problem. Your answer should be written in complete sentences using should be written in complete sentences using correct grammar and punctuation. correct grammar and punctuation.

Legal Concepts & PrinciplesLegal Concepts & Principles

The First Amendment provides that Congress The First Amendment provides that Congress shall make no law respecting an establishment of shall make no law respecting an establishment of religion, or prohibiting the free exercise thereofreligion, or prohibiting the free exercise thereof

That provision is made applicable to the States by That provision is made applicable to the States by the Fourteenth Amendment.the Fourteenth Amendment.

A public school board is a political subdivision of A public school board is a political subdivision of the State.the State.

Public school students may not be required to Public school students may not be required to participate in any religious activity at school.participate in any religious activity at school.

Public school students may not be required to Public school students may not be required to read Bible verses at school.read Bible verses at school.

Hypothetical #5Hypothetical #5 c.c. (4 points). Using the legal rules or (4 points). Using the legal rules or

elements that you identified above, analyze the elements that you identified above, analyze the factual situation presented by the hypothetical factual situation presented by the hypothetical and draw a conclusion about whether or not the and draw a conclusion about whether or not the situation poses a legal problem for the school or situation poses a legal problem for the school or school system. Your answer must indicate how school system. Your answer must indicate how you arrived at that conclusion through the you arrived at that conclusion through the analysis of the factual situation and application of analysis of the factual situation and application of the rules or principles to those facts. Your answer the rules or principles to those facts. Your answer should be written in complete sentences using should be written in complete sentences using correct grammar and punctuation.correct grammar and punctuation.

AnalysisAnalysis A state may not Constitutionally act in a way that either promotes A state may not Constitutionally act in a way that either promotes

or establishes religion, or prohibits an individual from freely or establishes religion, or prohibits an individual from freely exercising his religion. A public school board is a political exercising his religion. A public school board is a political subdivision of the state, and as such must comply with those subdivision of the state, and as such must comply with those same requirements. Mr. Gitcha Ifikan is a public school system same requirements. Mr. Gitcha Ifikan is a public school system employee, and in that capacity he may not impose “a good dose employee, and in that capacity he may not impose “a good dose of old fashioned religion” on public school students who are of old fashioned religion” on public school students who are required by State compulsory attendance laws to be in school. His required by State compulsory attendance laws to be in school. His use of a mandatory assembly program where students are a use of a mandatory assembly program where students are a captive audience required to listen to a representative sampling of captive audience required to listen to a representative sampling of the local clergy violates the Establishment Clause prohibitions of the local clergy violates the Establishment Clause prohibitions of the First Amendment. The courts have clearly held that public the First Amendment. The courts have clearly held that public school students may not be required to listen to clergy deliver school students may not be required to listen to clergy deliver invocation and benediction prayers as a condition of participating invocation and benediction prayers as a condition of participating in graduation ceremonies. By analogy, the same principle holds in graduation ceremonies. By analogy, the same principle holds true for a mandatory assembly on public school grounds. Mr. true for a mandatory assembly on public school grounds. Mr. Ifikan’s attire at the assembly, a t-shirt with the words “Repent Ifikan’s attire at the assembly, a t-shirt with the words “Repent Sinners” emblazoned across the front, was also an improper Sinners” emblazoned across the front, was also an improper endorsement of religion by a public school official, as was his endorsement of religion by a public school official, as was his action in passing out a copy of the Bible to all students as they left action in passing out a copy of the Bible to all students as they left the assembly. The courts have held that requiring public school the assembly. The courts have held that requiring public school students to read Bible verses is a violation of the Establishment students to read Bible verses is a violation of the Establishment Clause. Therefore, Mr. Ifikan’s homework assignment requiring Clause. Therefore, Mr. Ifikan’s homework assignment requiring students to read a passage from the Bible also violates the students to read a passage from the Bible also violates the Establishment Clause.Establishment Clause.