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Key Terms
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academic freedom  The opportunity for teachers and students to learn, teach, study, research, and question without censorship, coercion, or external political and other restrictive influences.
Buckley Amendment  The 1974 Family Educational Rights and Privacy Act granting parents of students under 18, and students 18 or over the right to examine their school records.
character education  A model comprised of various strategies that promote a defined set of core values to students.
child abuse  Physical, sexual, or emotional violation of a child's health and well-being.
corporal punishment  Disciplining students through physical punishment by a school employee.
due process  The procedural requirements that must be followed in such areas as student and teacher discipline and placement in special education programs. Due process exists to safeguard individuals from arbitrary, capricious, or unreasonable policies, practices, or actions. The essential elements of due process are (1) a notice of the charge or actions to be taken, (2) the opportunity to be heard, (3) and the right to a defense that reflects the particular circumstances and nature of the case.
educational malpractice  A new experimental line of litigation similar to the concept of medical malpractice. Educational malpractice is concerned with assessing liability for students who graduate from school without fundamental skills. Unlike medical malpractice, many courts have rejected the notion that schools or educators be held liable for this problem.
establishment clause  A section of the First Amendment of the U.S. Constitution that says that Congress shall make no law respecting the establishment of religion. This clause prohibits nonparochial schools from teaching religion.
fair use  A legal principle allowing limited use of copyrighted materials. Teachers must observe three criteria: brevity, spontaneity, and cumulative effect.
Gun-free Schools Act  Enacted in Congress in 1994, schools can lose federal funds if they do not have a zero-tolerance policy mandating one-year expulsions for students bringing firearms to schools. The vast majority of schools report zero-tolerance policies for firearms.
in loco parentis  Latin term meaning "in place of the parents"; that is, a teacher or school administrator assumes the duties and responsibilities of the parents during the hours the child attends school.
malfeasance  Deliberately acting improperly and causing harm to someone.
misfeasance  Failure to act in a proper manner to prevent harm.
nonfeasance  Failure to exercise appropriate responsibility that results in someone's being harmed.
sexual harassment  Unwanted, repeated, and unreturned sexual words, behaviors, or gestures prohibited by federal and some state laws.
values clarification  A model, comprising various strategies, that encourages students to express and clarify their values on different topics.
zero-tolerance policies  Such rigorous rules offer schools little or no flexibility in responding to student infractions related to alcohol, drugs, tobacco, violence, and weapons. These policies have been developed by both local school districts and a number of state legislatures, and in most cases, students who violate such policies must be expelled.







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