1. Most school districts grant tenure to a teacher after a brief probationary period. Teachers have certain employment
advantages with tenure, and it is very difficult for a district to dismiss a tenured teacher. What advantages do
teachers have with tenure? Identify and discuss the reasons for which a district could seek to dismiss a tenured
teacher.
ANSWER: Tenure provides job security by preventing teachers from being dismissed without
cause and by requiring that due process be followed in termination cases. The causes
for which a tenured teacher can be dismissed include incompetence, immorality,
insubordination, and unprofessional conduct. Answers could include a discussion of the
due process procedures and illustrations of each of these causes for dismissal.
DIFFICULTY: Difficult
REFERENCES: 9-2b Employment Contracts and Tenure
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Analyzing
2. Describeindetailtherightssurroundingastudent’srecordsandinformationcontainedwithinthoserecords.
ANSWER: Under the Family Educational Right and Privacy Act of 1974, parents of a minor child
have the right to view all information contained within a school record (CA-60) and to
petition the district to change any false information.
DIFFICULTY: Medium
REFERENCES: 9-3i Student Records and Privacy Rights
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Understanding
3. Background checks of potential employees is not new; however, the advent and proliferation of social media has
added a new dimension to the traditional fingerprinting and criminal background check. LinkedIn, Twitter, Facebook,
and the like, have become powerful tools for keeping in touch and expressing ideas. Describe how these forums can
also be used a tool for investigating applicants.
ANSWER: From inappropriate images of oneself (using drugs and/or alcohol; inappropriately
attired; sexual in nature) to inappropriate postings and Tweets; from controversial posts
and expressions to exaggerated or falsified credentials and work history, the answer
will provide insight into the Internet as a new investigative tool for employers in the
field of education.
DIFFICULTY: Difficult
REFERENCES: 9-2a Testing and Investigation of Applicants for Certification or Employment
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Analyzing
4. Most cases involving elementary or secondary education are filed in which courts?
a. federal b. state
c. appellate d. supreme
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-1 The Court System
LEARNING OBJECTIVES: FOED.ORNS.17.09.01 – Identify the fundamental elements and concepts in the legal
system.
KEYWORDS: Bloom’s: Remembering
5. Those who are opposed to the concept of government-supported religion would find support for this notion in the
U.S. Constitution’s
a. equal protection clause. b. establishment clause.
c. Fourteenth Amendment. d. free exercise clause.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-1b Federal Courts
LEARNING OBJECTIVES: FOED.ORNS.17.09.01 – Identify the fundamental elements and concepts in the legal
system.
KEYWORDS: Bloom’s: Remembering
6. Citizens are guaranteed the right of free speech and expression in the U.S. Constitution’s
a. equal protection clause. b. establishment clause.
c. Fourteenth Amendment. d. free exercise clause.
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-1b Federal Courts
LEARNING OBJECTIVES: FOED.ORNS.17.09.01 – Identify the fundamental elements and concepts in the legal
system.
KEYWORDS: Bloom’s: Remembering
7. The property interests of tenured teachers for continued employment are based on the
a. Fourteenth Amendment. b. establishment clause.
c. First Amendment. d. free exercise clause.
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-1b Federal Courts
LEARNING OBJECTIVES: FOED.ORNS.17.09.01 – Identify the fundamental elements and concepts in the legal
system.
KEYWORDS: Bloom’s: Remembering
8. Teachers who have tenure
a. are permitted to invoke the free exercise clause.
b. cannot be dismissed without cause.
c. can transfer their tenure to another district.
d. must sign a new contract each year.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-2b Employment Contracts and Tenure
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
9. The rules and principles that a district must follow when attempting to dismiss a tenured teacher are mandated by the
a. breach of contract guidelines. b. due process guidelines.
c. establishment clause. d. free exercise clause.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-2c Due Process in Dismissal of Teachers
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
10. In cases involving teachers’ freedom of expression, courts have considered
a. only the behavior itself.
b. the behavior and the results.
c. guidelines in the teacher association manual.
d. only the results of the behavior.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-2g Freedom of Expression
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
11. Extensivevideosurveillancecanviolatethestudent’s__________________.
a. first amendment rights
b. fifth amendment rights
c. personal space
d. fourth amendment protection against search and seizure
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-2f Protection against Unreasonable Search and Surveillance
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
12. When questions arise about whether a teacher’s right to free expression is protected, a major concern is whether the
behavior in question
a. negatively affects the school’s operation.
b. is allowed by school board policy.
c. is permitted in the teacher’s contract.
d. limits academic freedom.
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-2g Freedom of Expression
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
13. If a high-school student is injured in a classroom science experiment, the teacher is most likely to be found negligent
if
a. the teacher was in another part of the room when the accident occurred.
b. the teacher had not informed parents in advance of the potential danger of the experiment.
c. the students had been permitted to assemble the equipment for the experiment themselves.
d. the students had received no instruction in how to conduct the experiment.
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-2j Tort Liability and Negligence
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
14. An elementary school requires students’ parents to sign a consent form prior to any field trip or activity off the school
grounds. Legally, such consent forms can be used to
a. inform parents of their children’s whereabouts during an activity.
b. reduce the supervision needed for the activity.
c. release teachers from liability in case of an accident.
d. release the school district, but not the supervising teachers, from liability.
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-2j Tort Liability and Negligence
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Understanding
15. A friend of yours who teaches in a public elementary school has been fired for incompetence, and he is contesting
the district’s action. He is most likely to get his job back if
a. he tells the court he will take courses to improve his teaching.
b. his principal counseled him to resign prior to his dismissal.
c. he was tenured at the time of his termination.
d. his district did not document attempts to help him improve.
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-2c Due Process in Dismissal of Teachers
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Understanding
16. You know a tenured teacher who was recently fired for insubordination. She is suing her district for damages,
claiming that she was not insubordinate and that the district’s action has done irreparable damage to her good name,
reputation, and integrity. This case is most likely to focus on
a. the teacher’s liberty interests under the Fourteenth Amendment.
b. the teacher’s rights under the free exercise clause of the First Amendment.
c. the teacher’s academic freedom.
d. the Tenth Amendment’s reserved powers clause.
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-1b Federal Courts
LEARNING OBJECTIVES: FOED.ORNS.17.09.01 – Identify the fundamental elements and concepts in the legal
system.
KEYWORDS: Bloom’s: Remembering
17. When signs of child abuse are recognized by a teacher,
a. the teacher is required to report the abuse to the proper authorities.
b. most states discourage the reporting of child abuse because it so prevalent.
c. since there are few policies established by school districts, teachers must make their own decision about
reporting the abuse.
d. as an employee in an educational institution, the teacher should leave such matters to other social agencies.
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-2k Reporting Child Abuse
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
18. An instructional media teacher who regularly videotapes copyrighted TV programs for use by classroom teachers in
his middle high school is violating copyright laws if he
a. allows a teacher to show the same tape once during the first ten days after the initial taping.
b. keeps the videotape on file in the school library for thirty days after the taping.
c. makes the tapes without an advance request from one or more teachers.
d. erases the videotape after forty-five days.
ANSWER: c
DIFFICULTY: Easy
REFERENCES: 9-2l Copyright Laws
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
19. Teachers need to be familiar with the legal principle of fair use when
a. identifying student helpers in the classroom.
b. letting children take turns using classroom materials.
c. photocopying materials for classroom use.
d. selecting textbooks to be used in the classroom.
ANSWER: c
DIFFICULTY: Easy
REFERENCES: 9-2l Copyright Laws
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
20. Organized and mandated prayer and Bible readings are ________________.
a. allowed in a public school
b. allowed in a public school after hours only
c. not allowed in a public school
d. allowed with prior approval
ANSWER: c
DIFFICULTY: Easy
REFERENCES: 9-4a Prayer, Bible Reading, and Religious Blessings and Displays
LEARNING OBJECTIVES: FOED.ORNS.17.09.04 – Describe the basic religious activities can and cannot be
conducted in public schools and the ways in which the government can and cannot
assist nonpublic schools.
KEYWORDS: Bloom’s: Remembering
21. A parochial school teacher was fired without receiving any written information regarding the charges. This action is
probably legal because
a. school officials have ninety days after the dismissal to provide a teacher with documentation concerning that
termination.
b. a parochial-school teacher does not necessarily have the same civil rights as a public-school teacher.
c. prior notice is not part of due process procedures.
d. teachers are not entitled to see their employment records.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-2g Freedom of Expression
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
22. The U.S. Supreme Court has ruled that expression of unpopular views by students is
a. allowed only outside the classroom.
b. allowed only in the context of the subject area being discussed.
c. allowed if it is not disruptive.
d. prohibited under all circumstances.
ANSWER: c
DIFFICULTY: Easy
REFERENCES: 9-3a Freedom of Expression
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
23. Outside of the classroom environment, teachers are expected to behave ______________.
a. in their normal fashion b. in an exemplary manner and model
c. in an extreme persona d. in a religiously extremist manner
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-2i Teacher Exemplars, Personal Behavior, Internet Use, and Dress Codes
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
24. Court rulings indicate that when they are establishing dress codes for students, schools should
a. appoint a parent-teacher advisory group.
b. avoid any restrictions on student dress.
c. determine the educational purposes for any such restrictions.
d. select a student advisory committee to determine the dress code.
ANSWER: c
DIFFICULTY: Easy
REFERENCES: 9-3c Dress Codes and Regulations
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
25. Court rulings indicate that before a student is suspended, the student should be
a. allowed to consult a lawyer.
b. given notice of the suspension and provided a hearing.
c. informed of the arrangements to be made about continuing schoolwork.
d. provided with counseling.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-3d Suspension and Expulsion
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
26. As a result of Goss v. Lopez, students are seen as having a property interest in their education. Because of this,
a. a school’s curriculum and instruction cannot be substantially changed without parental approval.
b. students can no longer be expelled from public schools.
c. teacherscannotsendstudentstoa“timeout”areaoftheclassroomasadisciplinarymeasure.
d. students cannot be suspended without due process.
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-3d Suspension and Explusion
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
27. Before school officials can search a student, there must be
a. probable cause. b. a search warrant.
c. parental permission. d. reasonable cause.
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-3f Search and Seizure
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
28. A vice principal has good reason to believe that a certain pocket of a student’s book bag contains a handgun. He
searches the pocket and finds bullets, but no gun. From a legal standpoint, he probably
a. has no right to search further, since he did not find a gun.
b. should avoid accusing that individual student and should consider a search of all students in the school until the
gun is found.
c. has sufficient evidence to confirm his suspicion and to suspend the student.
d. has reasonable suspicion to search the bag more extensively.
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-3f Search and Seizure
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Understanding
29. When identifying and enforcing standards of conduct, teachers have
a. broad authority as interpreted by the courts.
b. broad authority as interpreted by the state department of education.
c. narrow authority as directed by the school board.
d. narrow authority as directed by the superintendent.
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-3g Classroom Discipline and Corporal Punishment
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
30. Astate’sviewonteacherstrikesisthat__________________.
a. most prohibit it b. many allow it
c. it is against the law d. strikes are not a common practice
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-2d Negotiation and Strikes
KEYWORDS: Bloom’s: Remembering
31. The ultimate authority for prohibiting corporal punishment rests with the
a. school board. b. state.
c. superintendent. d. teacher.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-3g Classroom Discipline and Corporal Punishment
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
32. Excessive punishment of students is in violation of
a. academic freedom. b. due process rights.
c. the equal protection clause. d. the free exercise clause.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-3g Classroom Discipline and Corporal Punishment
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
33. With the U.S. Supreme Court’s recent emphasis on the reasonableness of school policies, more responsibility falls on
a. the Department of Education. b. school officials.
c. the state department of education. d. the state legislature.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-3j Need for Balance between Rights and Responsibilities
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Understanding
34. Tenure protects teachers from dismissal except on _____________grounds.
a. incompetence b. immorality
c. unprofessional conduct d. all of the above
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-2b Employment Contracts and Tenure
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
35. As a result of the Family Educational Rights and Privacy Act, access to a student record is available to
a. the police. b. government agencies.
c. prospective employers. d. the student’s parents.
ANSWER: d
DIFFICULTY: Easy
REFERENCES: 9-3i Student Records and Privacy Rights
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
36. In cases heard by courts, only ______________rulings can be applied nationally.
a. theU.S.SupremeCourt’s b. theStateSupremeCourt’s
c. theDepartmentofEducation’s d. regionalcourt’s
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-1b Federal Courts
LEARNING OBJECTIVES: FOED.ORNS.17.09.01 – Identify the fundamental elements and concepts in the legal
system.
KEYWORDS: Bloom’s: Remembering
37. Students who object to saying the pledge of allegiance at school
a. are required to take additional history classes.
b. cannot be compelled to do so.
c. may be suspended.
d. may lose due process rights.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-4c The Pledge of Allegiance in Limbo
LEARNING OBJECTIVES: FOED.ORNS.17.09.04 – Describe the basic religious activities can and cannot be
conducted in public schools and the ways in which the government can and cannot
assist nonpublic schools.
KEYWORDS: Bloom’s: Remembering
38. On the basis of court rulings, a science teacher cannot teach creation-science and evolution-science together,
because this approach would
a. advance a religious doctrine.
b. confuse the learner.
c. create community unrest.
d. be inconsistent with the rest of the curriculum.
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-4d Religious Objections Regarding Curriculum
LEARNING OBJECTIVES: FOED.ORNS.17.09.04 – Describe the basic religious activities can and cannot be
conducted in public schools and the ways in which the government can and cannot
assist nonpublic schools.
KEYWORDS: Bloom’s: Understanding
39. Your high school has a media center that makes an excellent meeting facility, and your school regularly lets student
groups meet there. A student-fundamentalist Bible club has asked permission to assemble in this room for its weekly
after-school meetings. Legally, your school
a. may safely refuse this group only if it discontinues all other extracurricular activities.
b. may refuse this request because meetings of a religious nature cannot be conducted on school property.
c. may refuse this group only if it does not have an outside community sponsor.
d. cannot refuse the group’s request under any circumstances because schools are considered public buildings.
ANSWER: a
DIFFICULTY: Easy
REFERENCES: 9-4b Access to Public Schools for Religious Groups
LEARNING OBJECTIVES: FOED.ORNS.17.09.04 – Describe the basic religious activities can and cannot be
conducted in public schools and the ways in which the government can and cannot
assist nonpublic schools.
KEYWORDS: Bloom’s: Understanding
40. The precedent set in the case of Honig v. Doe established that disabled students
a. may not be expelled from public schools for disruptive behavior.
b. must remain in their current placement and undergo official hearings prior to suspension for violent actions.
c. are subject to exactly the same due process procedures as other students in the public-school setting.
d. have no protection of their rights in the federal courts and must pursue protections through the state courts.
ANSWER: b
DIFFICULTY: Easy
REFERENCES: 9-3d Suspension and Expulsion
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
41. Identify the courts at the federal level and describe their purposes.
ANSWER: It is a three-tiered system. Trials are held in the first level in the district courts. Appeals
are made to the circuit courts (there are twelve regions in the United States, each with
its own circuit court). At the third level is the U.S. Supreme Court, which is the final
court of appeal.
DIFFICULTY: Medium
REFERENCES: 9-1b Federal Courts
LEARNING OBJECTIVES: FOED.ORNS.17.09.01 – Identify the fundamental elements and concepts in the legal
system.
KEYWORDS: Bloom’s: Understanding
42. Can a school district require drug testing? If so, under what circumstances?
ANSWER: In 1995, the U.S. Supreme Court ruled drug testing may be allowed and school officials
have reasonable grounds to be concerned with drug use among athletes. Drug testing
of students participating in other extracurricular activities is also permitted.
DIFFICULTY: Medium
REFERENCES: 9-3f Search and Seizure
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Understanding
43. Discuss why some school districts might to be allowed to use corporal punishment.
ANSWER: If under the state law corporal punishment is allowed, a school district has the right to
use corporal punishment. Local school boards have wide latitude to permit such
behavior.
DIFFICULTY: Medium
REFERENCES: 9-3g Classroom Discipline and Corporal Punishment
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Understanding
44. What due process procedures need to be followed when a district attempts to dismiss a tenured teacher?
ANSWER: Answers should include several key steps: (a) giving the teacher a timely, detailed,
written notice of the charges; (b) providing a hearing and sufficient time to prepare a
defense; (c) allowing the teacher to have legal counsel; (d) allowing the teacher to
present written and oral evidence; and (d) the other steps outlined in Table 9.1.
DIFFICULTY: Easy
REFERENCES: 9-2c Due Process in Dismissal of Teachers
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Remembering
45. What does academic freedom mean for the teacher, and what are its limits?
ANSWER: Academic freedom consists of the teacher’s freedom to choose subject matter and
instructional materials relevant to the course without interference from administrators
or outsiders. A number of issues need to be considered when examining the
appropriateness of the choice of materials (such as the relevance to the subject, the
age and grade level of the students, and other aspects outlined in the chapter).
DIFFICULTY: Medium
REFERENCES: 9-2h Academic Freedom
LEARNING OBJECTIVES: FOED.ORNS.17.09.02 – Describe the legal rights and responsibilities of teachers.
KEYWORDS: Bloom’s: Understanding
46. What limitations on students’ freedom of expression exist?
ANSWER: Student publications may have limitations as identified by school officials (if specific
criteria clearly indicate what can and what cannot be printed). The non-disruptive
expression of ideas is acceptable, but disruptive speech is not protected. Students may
be punished for offensive or disruptive speech.
DIFFICULTY: Easy
REFERENCES: 9-3a Freedom of Expression
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
47. How do student rights differ for short-term suspensions as compared with long-term expulsions?
ANSWER: Court rulings indicate that expulsions require full procedural due process similar to that
necessary for teacher dismissals. Short-term suspensions typically require only oral or
written notice of the misconduct and a few other procedures outlined in the text.
DIFFICULTY: Easy
REFERENCES: 9-3d Suspension and Expulsion
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
48. What general guidelines should school officials follow when conducting searches of students?
ANSWER: Guidelines include the following: (a) searches must be particularized, and reasonable
suspicion must exist for each student being searched; (b) lockers may be searched if
there is reasonable suspicion, and dogs may be used to sniff lockers and cars; (c)
generalized sniffing of students by canines is permitted; (d) school officials may
perform pat-down searches; and (d) strip-searches are unconstitutional and are not to
be conducted.
DIFFICULTY: Easy
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
REFERENCES: 9-3f Search and Seizure
49. If a school employee suspects that sexual harassment may be occurring against a student, what guidelines should be
followed?
ANSWER: The school employee should (1) not ignore the situation, (2) find out exactly what
happened, (3) not embarrass any party to the incident, (4) initiate steps to support the
alleged victim, (5) apply consequences in accordance with school behavior codes, (6)
not assume the incident is an isolated occurrence, and (7) provide comprehensive
awareness programs for all stakeholders.
DIFFICULTY: Easy
REFERENCES: 9-3h Sexual Harassment or Molestation of Students
LEARNING OBJECTIVES: FOED.ORNS.17.09.03 – Discuss the legal rights of students and the limitations on
student behavior.
KEYWORDS: Bloom’s: Remembering
50. How do the rights of students attending nonpublic schools differ from those of students attending public schools?
ANSWER: Rights are available to students attending public schools because the schools fulfill state
constitutional obligations. Private-school activity is not considered action by the state
and therefore does not entail state constitutional obligations. Students attending
nonpublic schools may be eligible for some rights if there is a government connection.
DIFFICULTY: Medium
REFERENCES: 9-4g Government Regulation and Support of Nonpublic Schools: A Legal Muddle
LEARNING OBJECTIVES: FOED.ORNS.17.09.04 – Describe the basic religious activities can and cannot be
conducted in public schools and the ways in which the government can and cannot
assist nonpublic schools.
KEYWORDS: Bloom’s: Understanding
51. What is the message from court rulings about the funding of nonpublic schools by public funds?
ANSWER: The message from a variety of court rulings is muddled because of the varied ways in
which support can be granted. For instance, there does not appear to be a big
difference between lending textbooks and lending film projectors. But the courts have
ruled that supplies and materials (such as projectors) cannot be lent, whereas textbooks
can. When public funds are made available to nonpublic schools, it is usually on the
basis of the child benefit theory.
DIFFICULTY: Medium
REFERENCES: 9-4g Government Regulation and Support of Nonpublic Schools: A Legal Muddle
LEARNING OBJECTIVES: FOED.ORNS.17.09.04 – Describe the basic religious activities can and cannot be
conducted in public schools and the ways in which the government can and cannot
assist nonpublic schools.
KEYWORDS: Bloom’s: Understanding