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Educational Law Vocabulary
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FAPE (Free Appropriate Public Education)
An educational right of children with disabilities in the United States. Significance: FAPE is guaranteed by the Rehabilitation Act of 1973 and IDEA, ensuring such students receive an education tailored to their individual needs at no cost.
In Loco Parentis
A legal doctrine allowing institutions to assume parental rights when making decisions concerning a child's welfare. Significance: Schools often act in loco parentis in matters of student discipline and care.
School Governance
The manner in which a school is administratively and operationally managed. Significance: Governance structures affect decision-making processes, accountability, educational outcomes, and involve multiple stakeholders.
Education for All Handicapped Children Act
The original federal law passed in 1975 that later became the Individuals with Disabilities Education Act (IDEA). Significance: It ensured disabled children had access to a free and appropriate public education, tailored to their individual needs.
Privatization of Education
The process of transferring public education services to private entities. Significance: Its proponents argue for increased efficiency and choice, while critics raise concerns about equity and the public good.
Zero Tolerance Policy
A school or district policy that mandates a specific consequence or punishment for certain offenses. Significance: Typically applied to infractions involving drugs, weapons, or violence, aiming to deter serious offenses by automatic enforcement.
Alternative Dispute Resolution (ADR)
A range of dispute resolution methods outside of litigation, such as arbitration and mediation. Significance: ADR can provide a less formal and often more efficient means of resolving educational disputes.
No Child Left Behind Act (NCLB)
A 2001 federal law that aimed to improve student achievement and change the culture of America's schools. Significance: NCLB increased accountability for schools, expanded standardized testing, and aimed to close the achievement gap.
Least Restrictive Environment (LRE)
A principle that students with disabilities should be educated to the maximum extent appropriate with non-disabled peers. Significance: LRE is a cornerstone of inclusive education practices and mandated by the IDEA.
Education Reform
The process of improving public education through changes in policies, practices, and standards. Significance: Education reform efforts aim to address issues like educational inequity, underperformance, and outdated curricula.
FERPA (Family Educational Rights and Privacy Act)
A federal law that protects the privacy of student education records. Significance: FERPA gives parents and students certain rights with respect to educational records and influences record-keeping practices in schools.
Truancy
Failure to attend school regularly without valid reason. Significance: Truancy laws are enforceable against both students and parents and are central to the compulsory education system's integrity.
504 Plan
A plan developed to ensure a child who has a disability identified under the law receives accommodations. Significance: Section 504 of the Rehabilitation Act prevents discrimination based on disability in any program receiving federal financial assistance.
Plaintiff
The party who initiates a lawsuit before a court. Significance: A plaintiff in an education law case could be a student, parent, or employee arguing violation of rights or seeking enforcement of education-related legislation.
Title IX
A federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. Significance: Title IX addresses issues such as gender equity, sexual harassment, and violence in educational settings.
Compulsory Education Laws
Laws that require school attendance for children of certain ages. Significance: These laws ensure all children receive a basic education, and schools are responsible for enforcing attendance requirements.
Sovereign Immunity
A legal doctrine which holds that the government cannot be sued without its consent. Significance: Sovereign immunity can limit lawsuits against public educational institutions, but waivers are possible under certain laws like Title IX.
Tort
A wrongful act, not including a breach of contract, that results in injury to another's person, property, reputation, or the like. Significance: Torts in education law can include cases of personal injury, defamation, and invasion of privacy among others.
IDEA (Individuals with Disabilities Education Act)
A federal law ensuring services to children with disabilities throughout the nation. Significance: IDEA governs how states and public agencies provide early intervention, special education, and related services.
Bullying
Intentional, aggressive behavior that involves an imbalance of power or strength. Significance: Bullying laws affect school policies and procedures for preventing and responding to bullying incidents to ensure students' safety and wellbeing.
Tenure
A teacher's contractual right not to have their position terminated without just cause. Significance: Tenure provides job security for teachers, encourages academic freedom, and protects them from arbitrary dismissal.
Educational Malpractice
A type of legal claim that a professional educator failed to perform his or her duties in a manner that a reasonable professional would have. Significance: These claims can be difficult to prove but have implications for educational standards and accountability.
Voucher System
A system which allows parents to use public funding allocated for their child’s education to send their child to a school of choice, often including private and parochial schools. Significance: Voucher systems are a controversial topic in debates surrounding educational reform and school choice.
Individual Education Plan (IEP)
A written plan developed for public school students eligible for special education services. Significance: An IEP outlines specific educational goals and the services a child will receive, tailored to their unique learning needs.
Due Process
The legal requirement that the state must respect all legal rights owed to a person. Significance: In education law, this pertains to fair procedures regarding suspensions, expulsions, and decisions impacting a student’s right to education.
Negligence
Failure to exercise the care that a reasonably prudent person would exercise in like circumstances. Significance: In education law, a claim of negligence against a school or educator might involve injury to a student due to inadequate supervision or unsafe conditions.
Due Diligence
The care that a reasonable entity should take before entering into an agreement or transaction. Significance: In education law, due diligence might be conducted by school districts when contracting with vendors or hiring staff.
Equal Protection Clause
Part of the 14th Amendment to the U.S. Constitution, providing that no state shall deny any person within its jurisdiction the equal protection of the laws. Significance: Education laws must comply with this clause, promoting nondiscrimination and equality.
Montessori Education
A child-centered educational method based on scientific observations by Maria Montessori. Significance: Focuses on individualized learning and independence, significant in debates regarding early childhood education methodologies.
Disproportionality
The over or under-representation of a particular demographic group in specific categories. Significance: In education, disproportionality often refers to referral rates for special education, discipline measures, or academic success.
Defendant
The party against whom a lawsuit is filed. Significance: In education law, the defendant is often a school, school district, or education official who has allegedly violated a plaintiff’s rights.
Charter Schools
Publicly funded independent schools established by teachers, parents, or community groups. Significance: Charter schools operate under a charter with freedom from many of the regulations that apply to traditional public schools.
Higher Education Act of 1965
A federal law intended to strengthen the educational resources of colleges and universities. Significance: The act provides financial assistance for students in postsecondary and higher education.
Standardized Testing
A testing method that administers the same test in the same manner to all test takers. Significance: Standardized tests are used for assessment and accountability, but they are controversial with disputes around biases and effectiveness.
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