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Fourth Amendment
Fourth Amendment was enacted December 15, 1791. This Amendment provides protection to students and school staff "from unreasonable intrusion into their person or property" (Essex, 2016, p. 2). New Jersey v. T.L.O in 1985 is a landmark case in which the U.S. Supreme Court "reaffirmed that searches conducted by school authorities are indeed subject to standards of the Fourth Amendment" (Essex, 2016, p. 66). -
First Amendment
Enacted December 15, 1791. The First Amendment provides protection to students and school personnel involving freedom of expression such as speech, press, assembly, and religion. Tinker v. Des Moines Independent Community School District in 1969 was a landmark case that "held that students posses the same constitutional right as adults and that these right do not end at the schoolhouse door" (Essex, 2016, p. 53). -
Fourteenth Amendment
The Fourteenth Amendment was enacted on July 9, 1868. The Fourteenth Amendment "guarantees that due process of law and fundamental fairness are applied to the states" (Essex, 2016, p. 1). Brown v. Board of Education in 1954 "struck down the principle of separate by equal" (Essex, 2016, p. 315). Black students challenged and argued that the racial segregation in public schools was unconstitutional. -
Civil Rights Act of 1871
The Civil Rights Act of 1871 was enacted on April 20, 1871. It "prohibits denial of constitutional and statutory rights by public officials" (Essex, 2016, p. 179). Wood v. Strickland was a case in 1975 in which the courts ruled that the school board had failed to "observe procedural guidelines" for three female high school students (Essex, 2016, p. 90). -
Civil Rights Act of 1964
Enacted on July 2, 1964.The Civil Rights Act of 1964 "banned discrimination and segregation on the basis of race, religion, national origin and gender in the workplace, schools, public accommodations and in federally assisted programs" (Gazzar, 2014, para. 4). In 1943, the U.S. Supreme Court ruled that "public school officials may not require students to salute and pledge allegiance to the flag" (Essex, 2016, p. 44). -
Freedom of Information Act
Freedom of Information Act was enacted on July 4, 1966. The Freedom of Information Act is a law that gives individuals the right to request information from the government. Statements made by public school officials while in office are "subject to disclosure" as well as "students are not required to waive their rights to examine statements made about them by school personnel" (Essex, 2016, p. 164). An example is the case of Bowie v. Evanston Community Consolidated School District in 1989. -
National Child Abuse Prevention and Treatment Act
Enacted on January 31, 1974, the National Child Abuse Prevention and Treatment Act requires that teachers, administrators and school counselors report known or suspected cases of child abuse or neglect to the proper authorities. In the case of Yates v. Mansfield Board of Education (2004), the court ruled "the teacher's conduct" for placing his hands inside the jeans of a student was "grossly inappropriate" (Essex, 2016, p. 247). -
The Family Educational Rights and Privacy Act (FERPA)
FERPA was enacted on August 21, 1974. FERPA protects the privacy of students educational records and it applies to all schools who receive funding from the U.S. Department of Education (Essex, 2016, p. 188; “Parents’ Guide”, 2017). On June 27, 2002, the Sixth Circuit Court of Appeals overturned the U.S Supreme Court's decision in Doe v. Gonzaga (2002) by ruling that students records may not be released without consent (Essex, 2016, p. 195). -
The Individuals with Disabilities Education Act (IDEA)
IDEA (originally Education of Handicapped Children Act) was enacted on November 29, 1975. IDEA protects individuals with disabilities "from discrimination and to provide them equal access to education, facility utilization, and employment opportunities in public schools" (Essex, 2016, p. 126). Two cases that focused on the needs of children with disabilities were: The Pennsylvania Association for Retarded Children v. Commonwealth (1972) and Mills v. Board of Education (1972). -
Children's Internet Protection Act (CIPA)
CIPA was enacted on December 21, 2000 requiring "schools and libraries to adopt an Internet safety policy and install filtering technology if they are to receive" government funding (Essex, 2016, p.306). The act is to protect students from accessing inappropriate content through the Internet. -
No Child Left Behind
No Child Left Behind (NCLB) was enacted on January 8, 2002 as reauthorization of Elementary and Secondary Education Act (ESEA). NCLB Act required "assessment of year-to-year student progress based on statewide assessment measures" (Essex, 2016, p. 6). -
Individuals With Disabilities Improvement Act of 2004 (IDEIA)
IDEIA was a reauthorization of IDEA by President George W. Bush on December 3, 2004. The IDEIA "ensures that eligible children with disabilities between the ages of 3-21 or until graduation receive a free, appropriate public education (FAPE) consistent with their individual needs" (Essex, 2016, p. 126). The Board of Education of Hendrick Hudson Central School v. Rowley in 1982 "established the standard for the proper interpretation of "FAPE (Essex, 2006, p. 127). -
The Every Student Succeeds Act (ESSA)
ESSA replaced the No Child Left Behind Act. ESSA was signed into law on December 10, 2015 by President Barack Obama. The National School Boards Association (2015) issued a release applauding "President Obama and lawmakers for restoring local governance and working with our public education stakeholders to end the prescriptive requirements under the No Child Left Behind Act" ("NSBA Hails," 2015). -
Reference
Essex, N. (2016). School law and the public schools: A practical guide for educational leaders (6th ed.). Pearson Education, Inc. -
Reference
U.S. Department of Education. Parents' Guide to the Family Educational Rights and Privacy Act: Rights Regarding Children’s Education Records. Retrieved November 19, 2017 from https://www2.ed.gov/policy/gen/guid/fpco
/brochures/parents.html -
Reference
Gazzar, B. (2014, July 1). How the Civil Rights Act of
1964 changed America. Los Angeles Daily News.
Retrieved November 19, 2017, from http:/www.
dailynews.com/2014/07/01/how-the-civil-rights-act-of
1964-changed-america/ -
Reference
NSBA Hails New Education Law as Historic Win for Restoring Local Governance in Public Education. (2015, December 10). Targeted News Service.
