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EDF2720 Final Exam: Legal Issues in Education, Exams of Education Planning And Management

A comprehensive overview of legal issues relevant to education, focusing on teacher liability, student rights, and legal frameworks governing education. It presents a series of questions and answers covering topics such as teacher negligence, defamation, contract law, child abuse reporting, copyright, and teacher rights. Valuable for students studying education law, providing insights into key legal principles and their application in educational settings.

Typology: Exams

2024/2025

Available from 03/25/2025

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EDF2720 FINAL EXAM NEWEST EXAM 2025 |
ALL QUESTIONS AND CORRECT ANSWERS |
ALREADY GRADED A+ | LATEST EXAM |
VERIFIED ANSWERS
Are substitute teachers/students teachers held to the same standard as
full-time teachers with regard to the supervision of students? ---------
CORRECT ANSWER-----------------Yes. Substitute teachers and student
teachers are held to the same standard as full-time teachers.
Can teachers be liable for a student's unforeseeable behavior? ---------
CORRECT ANSWER-----------------No. Teachers are generally not liable for
student behavior that is unforeseeable.
Which description below is not a defense to negligence? ---------CORRECT
ANSWER-----------------Teacher Immunity Act of 1984
What is meant by contributory negligence? ---------CORRECT ANSWER----
-------------When a student's negligence contributed to his/her own injury.
What is meant by comparative negligence? ---------CORRECT ANSWER----
-------------When a judge or jury compares the negligence of the plaintiff and
defendant.
What is the Paul D. Coverdell Teacher Protection Act? ---------CORRECT
ANSWER-----------------This is a provision in the No Child Left Behind Act
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Download EDF2720 Final Exam: Legal Issues in Education and more Exams Education Planning And Management in PDF only on Docsity!

EDF2720 FINAL EXAM NEWEST EXAM 2025 |

ALL QUESTIONS AND CORRECT ANSWERS |

ALREADY GRADED A+ | LATEST EXAM |

VERIFIED ANSWERS

Are substitute teachers/students teachers held to the same standard as full-time teachers with regard to the supervision of students? --------- CORRECT ANSWER-----------------Yes. Substitute teachers and student teachers are held to the same standard as full-time teachers. Can teachers be liable for a student's unforeseeable behavior? --------- CORRECT ANSWER-----------------No. Teachers are generally not liable for student behavior that is unforeseeable. Which description below is not a defense to negligence? ---------CORRECT ANSWER-----------------Teacher Immunity Act of 1984 What is meant by contributory negligence? ---------CORRECT ANSWER---- -------------When a student's negligence contributed to his/her own injury. What is meant by comparative negligence? ---------CORRECT ANSWER---- -------------When a judge or jury compares the negligence of the plaintiff and defendant. What is the Paul D. Coverdell Teacher Protection Act? ---------CORRECT ANSWER-----------------This is a provision in the No Child Left Behind Act

that immunizes from liability any teacher who is trying to maintain order in the school. Do waivers prevent students from suing? ---------CORRECT ANSWER------- ----------Generally no. Most courts have found waivers that do not permit students to sue in violation of public policy. What damages might be awarded by courts in negligence cases? --------- CORRECT ANSWER-----------------All of the above. Can students be sued for defamation for posting derogatory statements about a teacher on the web? ---------CORRECT ANSWER----------------- Generally derogatory statements have not created a right to sue for defamation. If, however, the information is false and injures the reputation of the teacher, it is possible. Which best describes defamation law? ---------CORRECT ANSWER---------- -------False statements made to third parties that harmed the (individual's) teacher's reputation. Is there a higher standard for public officials to prove when alleging slander? ---------CORRECT ANSWER-----------------Yes. Public officials must prove any statements made about them were made with actual malice.

When can a teacher's contract be automatically renewed? --------- CORRECT ANSWER-----------------If the school board fails to provide a timely notice to the teacher. What sets the standards for teacher certification? ---------CORRECT ANSWER-----------------State law Teacher tenure is governed by ---------CORRECT ANSWER----------------- State law Can a teacher be liable for failing to report child abuse? ---------CORRECT ANSWER-----------------Yes. All states require that teachers and administrators report suspected child abuse and they may be liable for failing to report. Do teachers have legal protection from lawsuits if the abuse and neglect is not substantiated? ---------CORRECT ANSWER-----------------Most states provide legal protection from suits if the report was filed in good faith. Can a teacher be disciplined for failing to report suspected child abuse? ---- -----CORRECT ANSWER-----------------Yes. Teachers may be disciplined for failing to report suspected child abuse, which can result in a fine or even imprisonment. Must teachers be certain before reporting abuse or neglect? --------- CORRECT ANSWER-----------------No. Teachers need to have a reason to believe or a reasonable cause to believe or suspect that a child was subjected to abuse or neglect.

Which of the following could be copyrighted ---------CORRECT ANSWER--- --------------All of the above. What is the doctrine of fair use? ---------CORRECT ANSWER-----------------It allows copyrighted work to be used in a reasonable manner without the owner's consent. Why is the Pickering v. Board of Education decision significant? --------- CORRECT ANSWER-----------------Because it was the first time the U.S. Supreme Court balanced the interests of the teacher in speaking about a matter of public concern and the interests of an employer in promoting efficiency in the school. True or False? Explain. UCF will issue your teaching license automatically upon graduation. Where did you find your answers? (provide a source) How did you find your answers? ---------CORRECT ANSWER----------------- UCF's official website refers to information about their different education programs. The site states that, "Graduates of this Florida state-approved teacher preparation program will qualify for a Professional Florida Educator's Certificate." So it seems that people who graduate in education will qualify immediately for their license but may not obtain it immediately. What is reciprocity? Where did you find your answer? (provide a source) --- ------CORRECT ANSWER-----------------"...states that have teaching certification reciprocity agreements usually allow educators moving from one state to another additional time to fulfill the new state's requirements while teaching on a temporary or provisional license."

What was the U.S. Supreme Court addressing in the Healthy decision? ----- ----CORRECT ANSWER-----------------Whether there are legitimate grounds, other than First Amendment rights, that school districts can consider when deciding not to extend tenure to a teacher. Do teachers have a constitutional right to wear beards and sideburns? ------ ---CORRECT ANSWER-----------------Probably not. Most judges do not believe teacher grooming is a major constitutional issue. Do teachers have a constitutional right to dress as they wish? --------- CORRECT ANSWER-----------------Yes. The U.S. Supreme Court has ruled that teachers have First Amendment rights to dress as they wish in public schools as long as their choices are reasonable. Can a teacher be prohibited from running for political office? --------- CORRECT ANSWER-----------------Congress passed the Public Employment Candidate Act, which guarantees the right for teachers to run for office. Can a state require drug testing for teachers? ---------CORRECT ANSWER- ----------------The U.S. Supreme Court has held on several occasions that teachers can be subjected to random drug testing at anytime without any warning. Can teachers be prohibited from being school board members? --------- CORRECT ANSWER-----------------At least one court has ruled that the positions of teacher and board member in the same district are "incompatible and inconsistent."

What amendment would be most applicable to teacher privacy cases? ------

  • --CORRECT ANSWER-----------------Fourteenth What does Title IX prohibit (in federally assisted education programs)? ------ ---CORRECT ANSWER-----------------Discrimination based on sex. What does the Equal Employment Opportunity Commission investigate? --- ------CORRECT ANSWER-----------------Discrimination based on race, color, sex, age, national origin, religion, and disability. How can a teacher prove age discrimination? ---------CORRECT ANSWER- ----------------All of the above. If an employee brings a sexual harassment lawsuit against an employer, what two issues are often present in such cases? ---------CORRECT ANSWER-----------------Quid pro quo and a hostile work environment Can school boards hire or promote by race to fill vacancies? --------- CORRECT ANSWER-----------------Only if there is compelling evidence that such decisions are necessary to correct the effects of past discrimination. Which two federal laws prohibit unequal pay between men and women? ---- -----CORRECT ANSWER-----------------The Equal Pay Act and Title VII

What is the difference between dismissal and nonrenewal? What will this mean for you as you enter the profession? Answer in your own words. ------ ---CORRECT ANSWER-----------------A dismissal is a request placed by the superintendent for a teacher to leave for various reasons that indicate the teacher is doing something explicitly wrong. A nonrenewal is when a principal does not want to continue employing a teacher so they request to not renew the contract that they have. In both situations at the teacher you can request for a hearing and essentially fight back. It is good to know that you have this option incase something unfair happens to you. Considering what you know about the difference between dismissal and nonrenewal, and the information from the article/website, where do you stand on teacher tenure in public K-12 education? ---------CORRECT ANSWER-----------------I believe that tenure is a necessary component to have so that schools do not take advantage of teachers. The fear of a teacher taking advantage of tenure by underperforming is real. However, tenure does not mean that they cannot be fired so there are still real consequences for misconduct despite the process taking longer. In a healthy system, tenure should help motivate teachers to do better and be creative while providing a sense of confidence in job security. Read this article, What Teacher Tenure Is — and What It's Not.Preview the document List three things that you find most interesting in this article. ------ ---CORRECT ANSWER-----------------"Proponents of tenure argue that it protects teachers from being fired for personal or political reasons, and prevents the firing of experienced teachers to hire less expensive new teachers." "Opponents of tenure argue that this job protection makes the removal of poorly performing teachers so difficult and costly that most schools end up retaining their bad teachers." "Tenure makes seniority the main factor in dismissal decisions instead of teacher performance and quality." "Teacher tenure is a justifiable reward for several years of positive evaluations by school administrators."

What rights do tenured teachers when facing dismissal from employment? - --------CORRECT ANSWER-----------------They can only be dismissed "for cause." What are some examples of "cause" in dismissing teachers? --------- CORRECT ANSWER-----------------All of the above could be considered a cause for dismissal. Generally, what procedures must be followed before a tenured teacher can be dismissed? ---------CORRECT ANSWER-----------------The teacher must be given notice of the charges and an opportunity for a hearing. What constitutional protections apply in teacher dismissal cases? --------- CORRECT ANSWER-----------------Teachers have Fourth Amendment rights in a dismissal case. What does RIF stand for? ---------CORRECT ANSWER----------------- Reduction in force. Are tenure laws the same in every state? ---------CORRECT ANSWER------- ----------No. Each state determines its own tenure laws. Is there a distinction between tenured and probationary teachers in the right to due process? ---------CORRECT ANSWER-----------------Tenured teachers are afforded more due process rights than probationary teachers.

Do teachers have a constitutional right to join a union? ---------CORRECT ANSWER-----------------Yes. Teachers have a constitutional right to join a union. Can a teacher be dismissed if arrested for excessive drinking? --------- CORRECT ANSWER-----------------Some courts have found excessive drinking renders a teacher unfit to teach whereas other courts have been more sympathetic. It will likely depend on the facts of the case. Do teachers have a right to engage in collective bargaining. --------- CORRECT ANSWER-----------------No. There is no right to engage in collective bargaining unless granted by state law. Can teachers who are not members of unions be required to pay fees to unions? ---------CORRECT ANSWER-----------------Such agreements are often referred to as "agency-shop" or "fair share" arrangements. What do the unions and school boards bargain about? ---------CORRECT ANSWER-----------------Choices a, b, and c are correct. May the school board bargain individually with teachers to determine salary? ---------CORRECT ANSWER-----------------The school board must bargain exclusively with the teachers' designated bargaining representative. What happens during collective bargaining? ---------CORRECT ANSWER--- --------------Representatives of the teachers' union and the school board

meet to reach an agreement on wages, hours, and other terms and conditions of employment. Are there limitations on the scope of bargaining? ---------CORRECT ANSWER-----------------Yes. The parties cannot enter into any contractual negotiations that are in violation of the constitution or state and federal laws. Who determines what is negotiable? ---------CORRECT ANSWER------------- ----A state's collective bargaining law and litigation interpreting the law must be consulted to determine what is negotiable. Do teachers have the right to strike? ---------CORRECT ANSWER------------- ----Depends on state law. Some states have granted teachers a limited right to strike; most, however, prohibit strikes. Can penalties be imposed on teachers who strike? ---------CORRECT ANSWER-----------------Possibly. Most state laws identify penalties for teachers who strike. Which items typically are not included in bargaining contracts? --------- CORRECT ANSWER-----------------None of the above. Alleged unfair labor practices by either the teachers union or the school board are heard by: ---------CORRECT ANSWER-----------------A state public employee labor board

On what page of your text did you find your answer? ---------CORRECT ANSWER-----------------Teachers are legally required to supervise students and this makes them responsible for what happens in the classroom. When can a school/teacher be found to liable for negligent for lack of supervision? When a teacher is in the classroom and a hazardous instance occurs that could have been prevented. Give an example. A science teacher is present in the classroom and the students are preparing for a dissection. Two students in the back start to play around with their scalpels and end up having a mini sword fight. One of the students ends up getting injured during this situation. The teacher will be held liable for the students injury that could have been prevented. 419 Do teachers have a duty to warn when they learn that a student intends to harm themselves or others? Why? If so, does this violate confidentiality? On what page of your text did you find your answer? ---------CORRECT ANSWER-----------------Yes they do have this responsibility. Why? If you are aware that a student has intentions to harm themselves or others, these actions can be prevented just by reporting it. This means you can potentially save the student's life or others lives If so, does this violate confidentiality? No it does not. 424

What is the difference between Assault and Battery? For someone to prove an act is assault or a battery, the act must be _______________________. What does this mean? On what page of your text did you find your answer? ---------CORRECT ANSWER-----------------Intentional. What does this mean? It could not have happened as an accident. 435