Education Law,Title VI, Title VII, Title IX and Employment Law Flashcards
7 Federal Statutes that Affect Education
- No Child Left Behind Act
- Title VI of the Civil Rights Act
- Title IX of the Educational Amendments
- Family Education Rights and Privacy Act
- Individuals with Disabilities Education Act
- Equal Access Act
- Americans with Disabilities Act
Describe the No Child Left Behind Act
Reauthorized Elementary and Secondary Act by establishing new content and academic achievement standards for public schools
What does NCLB mandate?
Periodic standardized assessment of progress for all students
*Especially at-risk and disabled students
What does NCLB require?
Supplemental educational services (tutoring) for struggling low-income students
Describe the Title VI of the Civil Rights Act of 1964
IMPORTANT!!
Prohibits discrimination against students by schools receiving federal financial assistance based on race or national origin
Describe the Title IX of the Educational Amendments of 1972
IMPORTANT!!
Prohibits gender discrimination in educational programs and activities that receive federal funds
* also protects female faculty and staff
Describe the Family Education Rights and Privacy Act of 1974 (FERPA or Buckley Amendment)
- Established uniform standards for educational institutions concerning the privacy of student records
- Gave students and their parents access the official school records and the right to challenge the accuracy that information
- Established a 5-year retention requirement for official school records
Describe the Equal Access Act of 1984
Required that public secondary schools who receive federal funds allow the use of their facilities for religious extracurricular clubs and activities if they allow them for nonreligious extracurricular clubs and activities.
According to the Due Process of Law Under the 14th and 5th Amendments, school officials must…
- Treat students with substantive fairness in all aspects of educational processes
- Give adequate notice to students and their parents of potential adverse administrative actions (such as suspension or expulsion)
- Allow students to be heard on issues before a final decision is made
- Treat all similarly situated students in a similar way
Any HCP who’s legal duty is to care for a pt may be primarily liable for physical or mental injury incurred by the pt as a result of what 4 things?
(1) professional negligence
(2) intentional (mis)conduct
(3) breach of a contractual therapeutic promise made to a pt
(4) pt injury that results from the use of a dangerously defective modality or product
Under what 2 circumstances id a SPT singularly responsible for pt injury?
- when the student fails to comply with clear and reasonable instructions given by the CI
- when the student engages in reckless or malicious injurious conduct
Title VII Prohibits employment discrimination based on what 6 things?
IMPORTANT!!
1) Race
2) Color
3) Sex
4) Religion
5) National origin
6) Sexual harassment
11 Responsibilities of Human Resources
IMPORTANT!!
1) Interview
2) Job descriptions
3) Performance appraisal
4) Unions
5) Policy and procedure manuals
6) Staff motivation
7) Continuing education
8) Meetings
9) Incident/occurrence and sentinel event reporting
10) Health care marketing
11) Service management
Describe employees at “will”
At “will” employees are considered PRN
What are the 2 advantages to employees at “will”?
1) Employee can terminate his employment at any time
2) Employer is free to discharge the employee at any time, with or without just cause
