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Educational Law Vocabulary

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FAPE (Free Appropriate Public Education)

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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.

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In Loco Parentis

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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.

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School Governance

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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.

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Education for All Handicapped Children Act

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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.

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Privatization of Education

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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.

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Zero Tolerance Policy

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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.

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Alternative Dispute Resolution (ADR)

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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.

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No Child Left Behind Act (NCLB)

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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.

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Least Restrictive Environment (LRE)

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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.

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Education Reform

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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.

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FERPA (Family Educational Rights and Privacy Act)

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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.

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Truancy

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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.

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504 Plan

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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.

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Plaintiff

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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.

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Title IX

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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.

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Compulsory Education Laws

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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.

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Sovereign Immunity

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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.

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Tort

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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.

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IDEA (Individuals with Disabilities Education Act)

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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.

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Bullying

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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.

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Tenure

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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.

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Educational Malpractice

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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.

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Voucher System

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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.

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Individual Education Plan (IEP)

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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.

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Due Process

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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.

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Negligence

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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.

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Due Diligence

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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.

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Equal Protection Clause

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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.

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Montessori Education

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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.

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Disproportionality

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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.

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Defendant

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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.

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Charter Schools

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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.

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Higher Education Act of 1965

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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.

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Standardized Testing

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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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