Educational

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○Establishment Clause: the portion of the First Amendment to the US Constitution thatprohibits any government agency from showing favoritism toward any religion.Family Educational Rights and Privacy Act (FERPA): federal law that governs access torecords of students in any educational agency receiving federal funds.Free Appropriate Public Education (FAPE): from disability law, a term used to describe whataccommodations must be provided to meet legal requirements of ADA, IDEA or Section 504.Establishment Clause: the portion of the First Amendment to the US Constitution thatprohibits any government agency from discriminating against or showing hostility toward anyreligion.Holding: a court’s decision based on the facts presented.Individuals with Disabilities Education Act (IDEA): a federal law that confers a complex setof rights to children with disabilities, age 3-21. IDEA is the law governing what most refer toas “special education.”Judgment: the final decision in a legal proceeding.Jurisdiction: the legal authority to render judgment in specific types of disputes.Mitigation of Damages: duty of an injured party to take action minimizing the damagecaused by another party.Motion: request for a court ruling.Office for Civil Rights (OCR): the federal government agency responsible for enforcing lawsand regulations pertaining to disabilities.Occupational Safety and Health Administration (OSHA): federal agency responsible forenforcing rules promoting safe working conditions. In Washington State, WISHA.Plaintiff: party who brings a civil action or lawsuit.Prima Facie: a case with sufficient evidence to require rebuttal by argument or evidence.Prior Restraint: prohibition of particular types of speech in advance.Probable Cause: reasonable cause to believe that a particular action took place.Procedural Rights (Due Process): right to be free from certain criminal or civil consequencesunless legally defined procedures take place.Proximate Cause: an action that results in injury to a party; there would have been no harmif not for that action.Public Employee Relations Commission (PERC): in Washington State, the agency whichenforces rules and regulations governing employee relations in government agencies,including schools.Reduction in Force (RIF): dismissal of employees due to financial shortfall of the employer.Revised Code of Washington (RCW): the collective statutes of Washington State.Section 504: part of the Rehabilitation Act of 1973, it prohibits discrimination because ofdisability in the education of students.Standard of Care: criteria used to determine if necessary care has been taken to protect thesafety of those on a premises.Stare Decisis: doctrine of past precedent or deciding cases based on previous rulings insimilar circumstances.Substantive Rights: specific, clearly identifiable rights to be enjoyed, as opposed to proceduralrights.Tenure: status conferred upon a college instructor, after institutional criteria have been met,ensuring certain rights in relation to employment.Title IX: federal law prohibiting discrimination on the basis of gender in educational settings.Tort: a wrongful act for which an injured party can recover damages in a civil action.Unilateral: relating to action by one party only.Washington Administrative Code (WAC): rules and regulations governing state agenciesand practices; in education, those enforced by the State Board for Community CollegeEducation and the Superintendent of Public Instruction.Writ: official order by a court; requires specific action.14.6CURRICULUM GUIDE: EDUCATIONAL LAW