Law and Finance: Sacred Heart 092: Day 1

Journal Entry Day 1:

Sacred Heart University – ED 650 Law and Finance

Instructor: Dave Erwin, Montville Superintendent
Homework Assignments

  1. ORAL PRESENTATION
    1. Real life legal issue
    2. Outcome
    3. How it could have been handled differently
    4. Short written description
  2. Oral Presentation
    1. How the business office processes local budget
    2. Short written description
  3. Six Page Journal
    1. What happened/discussed in class
    2. Do it nightly!

MAIN TOPIC: Sexual HarrassmentWe had a brief discussion of sexual harrassment and reviewed handouts and the areas in Mooney to reference (pgs. 105,146,316,351,506). Identify who is the SPS officer for sexual harrassment (asst. sup.) What is the SPS policy (in SPS policy book). Is it posted? (Yes, in each building and available to all staff and parents)

BOOK: The book “The Queen Bee and the Wannabees” was mentioned as a good read in class. The book discusses femake bullying and harassment and how it is far different and bigger problem then the male cases.

“The” Tom Mooney is here to help “baseline” our law knowledge. The first case he mentioned was Mary Beth Tinker of Des Moine Iowa. This was the case of studenst wearing black armbands in school to protest the Vietnam war. The decision included the quote “it can hardly be argued that students and teachers shed their constituional rights at the school house gates.” This case is considered the kick off case for the huge changes in educational law from 1969-1976. Tinker went on to say students have a righ to free speech unless administration can “forecast” a disruption in school.

Mooney also discussed the “Adam v Eve not Steve (2005)” case.
The facts of the case includes

  • get ALL the facts
  • hate spech becuase of back not front
  • made it a learning experience at south windsor

CASE REVIEW

-1972 – Title IX – prohibits discrimantion based on gender (typically sports and extracurricukluar)
-1973 – 504 – based on disability
– 1974 – FERPA – rights and privacy act
–assures parents have access to records concernign their children
— confidentiality, distrocts must maintain personably identifable private
– 2002 – SC – interpreted FERPA
— spelling test, owaso coutny, in class hae spelling test and students woudl grade each others papers
— “it is not a grade until reported in teachers book”
—practical considerations
–John DOe, GOnzaga, turned over personal sexual assault records without authorization
—got 1.1 million dollars
–1972 – lemon v kurtman
—religion in school
—3 findings
–1988 – findings that religous activities OK in school
—school can’t be sponsor
—speaker can discuss Jesus
—distinguish between government action and private speech
—can’t urn into a religous exercise
*****individual cirumstances are KEY, must be factuaklly specific******
*****document everything, you must have a history*****
– 1975 – IDEA –
– 1975 – GOss v Lopez
–studemts have a right to do process (69 free speech)
–10 day (exclusion from school for up to 10 is informal) – suspension
—what are charges and right to respond
–more than 10 days is significant – expulsion
—council, confront accusers, BOE decision

-1977 cruel and unusual
–kids paddles, 8th amendment doesn’t apply
-1985 search
–TLOv NJ,
—the searcgh must be reasonable at inception
—reasonable search in light of wat you are looking for (drugs in purse but lookign for a knife)

statute v court case

Schools/Lawyers do this:
-Cost/Benefit analysis (attorney’s fees!?)
-what are the risks
-what happens if we are wrong

-what law says you get your attorneys fee?

PROBLEM
-senior trip
-get call
–last year senior gets stomach pumped
-this year kids drunk at 7am
-find tanning bottle with alchol

MOONEY QUESTION
-strip search the seniors
–girls no with nurse
–boys drop and lift in gym
–PAID NOTHING BECUASE THEY APOLOGIZED

****JUST ACKNOWLEDGE Wrong, AND SAY SORRY TO WRATCH IT DOWN

PEOPLE SUE SCHOOLS OVER COMMUNICATION AND RESPECT V correct legal answer (practical problem solvign thru lsieting and dealign with the problem)

The law is GREY not Black and White

SCALIA – school sports are not for the bashful
–includes all extracurricular activities and events
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DEFINE:Policy v Regulation

DEFINE: Nebulous

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