Compendium Notebook PD

Compendium 1
COMPENDIUM NOTEBOOK
PORTIA PELOW-DICKERSON
BESANT HILL SCHOOL
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OUTLINED IN THE STUDENT PLAGIARISM AND ACADEMIC MISCONDUCT DOCUMENT RELATING TO THE
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COURSE AND TO THE MSED PROGRAM. IF IT IS FOUND THAT CHEATING AND/OR PLAGIARISM DID TAKE
PLACE IN THE WRITING OF THIS PAPER, I ACKNOWLEDGE THE POSSIBLE CONSEQUENCES OF THE ACT/S,
WHICH COULD INCLUDE EXPULSION FROM THE UNIVERSITY OF NEW ENGLAND.
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FINAL GRADE: ___95%_______________Module 1: Legal Framework

California Law has three parts in its section on education: General Education, Elementary and
Secondary education, and Post Secondary Education. The General Education section outlines many
important elements of California's education system. Including who it applies to and the rights of the
people within its system, as well as the language of instruction, English. This section also outlines the
over all system and hierarchy of the state board of education. The second two sections are similar to the
first in terms of identifying the rights of the people within its system and the hierarchy of its system.
Parts II and II go a little further in terms of discussing specific facilities and employee payments.
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=edc&codebody=&hits=20
The 11 members of the California State Board of Education are assigned by the governor and
the head is called the State Superintendent of Public Instruction. Tom Torlakson is the current
Superintendent.
http://www.cde.ca.gov/be/
The structure of the California's court system begins with superior, or trial, courts,
http://www.courts.ca.gov/superiorcourts.htm and then moves to the courts of appeal,
http://www.courts.ca.gov/courtsofappeal.htm, and finally, ends with the state supreme court
http://www.courts.ca.gov/supremecourt.htm. There are 58 trial courts in California and 6 appellate
courts which are divided by geography.
http://www.courts.ca.gov/courts.htm
California is part of the 9thUS Circuit Court of appeals. The other states in this circuit are:
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Washington, Oregon, Idaho, Montana, Nevada, and Arizona.
http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000135
The physical court is located in San Francisco and has 20 authorized judgeships, which is the largest
number of any US Circuit Court.
http://www.ca9.uscourts.gov/
There were no significant court cases that have contested federal authority in California
education that I could find. Recent court cases of import within California that deal with education
have revolved around the appropriate allocation of funding throughout the state.
http://www.cde.ca.gov/eo/ce/wc/wmslawsuit.asp
Module 2: Tort Liability
There are a few statutes that deal with corporal punishment in California schools and all echo
the idea that teachers may use the necessary amount of force to help minimize a situation and not
exceed the amount that a parent would use with their children legally. The law protects teachers in the
use of this reasonable amount of force and frees them from any criminal relation.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=PEN&sectionNum=11165.4.
lawCode=EDC&sectionNum=44807.
Teachers may not seclude students in locked rooms, unless it is a facility that is licensed or
permitted to use a locked room. There are certain out of the ordinary measures that may be taken in
the case of an emergency, but in general, teachers must be cautious to use only the means that are
determined as reasonable in all cases.
lawCode=EDC&sectionNum=56521.1.
All schools in California, both public and private, must provide coaches with training on how to
deal with concussions. In addition, if there is even a slight suspicion of a concussion occurring during
an athletic event, the student must be immediately removed from the activity.
The Safe Place to Learn Act and the Interagency School Safety Demonstration Act are the
primary pieces of legislation in California that protect students against bullying. These statutes protect
students against discrimination and violence while on campus, and to a certain extent, outside of the
schools physical grounds as well.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=234.
The only direct reference to contributory negligence in California's legal code deals with the
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extent of liability when a school has rented out their facilities to an outside organization, such as a
church. In this case, it is the responsibility of the outside party to defend themselves if they are accused
of negligence while on school grounds.
Good effort--California currently follows a system of pure comparative negligence to award damages
to victims in tort cases. Comparative negligence is a system used to determine the relative liability of
defendants and damages available to accident victims. In a pure comparative negligence jurisdiction,
each defendant is only liable for his or her percentage of fault. A plaintiff is still able to recover
damages in a pure comparative negligence jurisdiction, even if he or she was at fault in contributing to
the accident. The ultimate award of damages for a plaintiff will be reduced by his or her own
percentage of fault.
Module 3: Church and State
California Law is certain to define what religion means to the state and they include atheism
and agnosticism as elements in this category. There were no statutes that dealt directly with prayer in
schools.
California does not have a voucher program for students who wish to attend private school for
religious or other reasons.
California does have a Blaine Amendment. It is Article 9 Section 8 of the state constitution, and
it states that no state funds may be given to schools that are not directly controlled by the state.
http://www.leginfo.ca.gov/.const/.article_9
The case of Westphal v. Wagner determined that prayer may not be used at a public college.
http://archive.adl.org/civil_rights/ab/westphal%20letter%20brief.pdf Truth v Kent is another important
case that was settled in the 9th district circuit court. This case involved a school denying a Bible Club
the ability to become an official student body club on the grounds that it was discriminatory in nature
as only christian students could join. http://archive.adl.org/civil_rights/ab/brief%20of%20amicus
%20curiae_v11fin1.pdf pdfs are tricky to sue because they will not be updated but they are good for
background as here.
Module 4: Student Classification
California Law protects for equity in gender opportunities in sports and the upholding of Title
IV. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=EDC&sectionNum=33353. Article 1 in the Establishment section of Educational Law
examines the necessity for being open to restructuring school systems and finical allocations as the
population of pupils changes in order to ensure equity for the diverse population of the school.
Under the child care and development act extra provisions are in place to support students who
do not have a home. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
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lawCode=EDC&sectionNum=8208. The Immigration Workforce Preparedness Act supports
immigrants in finding the education resources available to them.
It is the intent of the state of California to provide effective education in the area of English as a second
language and its development. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
Mendez v Westminster was a California case settled in the 9th district that challenged racial
segregation in Orange County Schools. The decision of this case deemed the separation into separate
Mexican Schools unconstitutional. http://research.archives.gov/description/294945
In the case of Fisher v. Tucson Unified School District the courts ruled that the school has not acted in
good faith toward desegregation mandates.
http://cdn.ca9.uscourts.gov/datastore/opinions/2011/07/19/10-15124.pdf Good!
Sexual orientation is protected under the statutes that protect against discrimination in
California law. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
Module 5: Children with Exceptionalities
California code is in compliance with Individuals with Disabilities Act and asks that local plan
areas ensure that they have the programs in place to support this federal act and all the students that it
protects. In addition, the Advisory Commission on Special Education shall provide guidance in this
area. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=EDC&sectionNum=33595. Article one under the Special Education section of California
Law Codes states the necessity for identification of all children, regardless of their situations, who have
a disability. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
A very recent case in 2013 that was settled in the 9th District Circuit Court, Doug v. Hawaii,
addressed the amount of parental involvement in IEP meetings. In this instance, the court ruled against
the school, as they conducted and IEP meeting without a parent present even though the parent had
attempted to reschedule the meeting. It is essential that those who are involved with conducting these
meetings know of this ruling. http://www.wrightslaw.com/law/caselaw/2013/9th.doug.c.v.hawaii.pdf
Another recent case in the 9th Circuit Court, K.M. v. Tustin Unified School District, involved two
students who advocating for extra services because of their hearing impairments. The schools claimed
the students needs under ADA were already covered by their IEP, but the courts ruled that
modifications under ADA can go above and beyond the services in an IEP. http://stutzartiano.com/wpcontent/uploads/2013/10/S0156730.pdf
The attached is the form detailing the necessary qualifications for teachers to qualify for
HOUSSE standards. California High Objective Uniform State Standard of ... This link
did not work for me.

Module 6: Student Rights
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The California Compulsory Education Law requires all individuals between the age of 6-18 to
attend school. The only exception being 16 and 17 year old students who have passed the California
High School Proficiency Exam. http://www.cde.ca.gov/ls/ai/sb/ Beginning next school year, students
who are enrolled in synchronous online education programs will be counted with daily attendance.
Students cannot be prohibited from taking these synchronous online classes and if they cannot afford
the necessary hardware they will be given the funds to do so.
lawCode=EDC&sectionNum=46300.8. Homeschooling law is actually covered under the same law
that governs private schools in California. This law provides an exemption to the California
Compulsory Education Act for students who are otherwise instructed in the necessary important fields
of study. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=EDC&sectionNum=48222. Charter Schools will be granted funding providing a record
proving their effective establishment and attendance.
lawCode=EDC&sectionNum=17078.52. Control of the smallpox vaccination goes to the State
Department of Health Services and any law concerning this vaccination must be passed through this
department. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=EDC&sectionNum=49405. Otherwise, vaccination and immunization records are required
for all students, unless the proper exemption procedures have been followed.
Students have a right to free speech and freedom of press in California, except when the speech
is obscene, slanderous, or libelous. It is only in these cases that school censorship shall occur.
lawCode=EDC&sectionNum=48907. Schools may institute a reasonable dress code that is adopted and
published to the school community, including the prohibition of gang related dress. They have the
right to impose a school uniform policy, given that the proper procedure is followed.
lawCode=EDC&sectionNum=35183. Students records are to remain confidential unless parental or
judicial approval is given, in addition, authorized school personnel may request to view student
records. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
Students may be suspended or recommended for expulsion for the following reasons: physical
violence or its threat, possession of dangerous items, intoxication, selling of controlled substances,
robbery, property damage, possession or smoking tobacco, obscene acts, disruption, defiance, hazing,
bullying, sexual assault, and possession of imitation firearms. Suspension is only to be imposed after
corrective action has occurred and found to be unsuccessful, except in the cases where the violation
causes harm and puts students in danger. The offense committed must be identified and recorded and
proper notice must be given to the parents and the students in the case of suspension, in addition, law
enforcement must be notified in the case of student suspension resulting from criminal acts. A student
may not be suspended for more than 20 school days.
http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml
If a student displays habitual truancy, a review board is formed. The review board may determine that
community service would be an effective remedy for the situation and assign accordingly. If
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community service does not appear as an effective remedy, the review board will recommend a truancy
mediation program. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
An interesting freedom of speech case was settled a few years ago in California concerning
wearing American Flag t-shirts on Cinco De Mayo. The courts ruled in favor of the administration in
their asking students not to wear such shirts on this given day because of the outbreak of violence and
threats that occurred in the aftermath of the incident. In this case, the courts determined that the
students freedom of speech did not take precedence over the potential violence that could have
occurred as a result
http://www.cnn.com/2014/02/27/justice/california-school-american-flag-shirts/
There is an interesting case where a California professor has claimed academic freedom so that
he may have an anti-Israel website attached to his school faculty page. The school landed on his side,
as they believe that no one will believe the site is endorsed by the university itself even though it
appears on his page.
http://sundial.csun.edu/2013/10/csun-professor-sparks-a-debate-regarding-academic-freedom-ofspeech-for-professors/ Another new law has been recently passed that makes it harder for students to
receive immunization exemptions. The new law requires a doctors note in addition to the the exception
form.
Module 7: Teacher's Rights
California teachers gain permanent status after the completion of three consecutive years of
work in the same district. This applies to schools where there are over 250 students enrolled.
All certified employees have due process rights and may request a hearing conducted by an
administrative law judge who will make the final decision about the determination of employment.
California law prevents any retaliation occurring to an employee of the state who has reported
improper activity. The office of the Attorney General keeps a whistleblowers hotline, so that
employees, whether or not it is their job to do so, can call and report any violation of state or federal
statutes. The violation of this law results in a misdemeanor offense.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=01001-02000&file=1101-1106
There are different codes that establish the adoption of textbooks and materials in elementary
and high school. In elementary school, the process for approving instructional materials will use a
review committee that is made of mostly of teachers who are affected by the review as well as other
administrators. They must adopt at least five different available instructional materials in the following
areas: Language arts, Mathematics, Social Science, Science, bilingual and bicultural subjects and any
other subject the school board deems necessary. Before final adoption of new materials the text must be
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available for public perusal for 30 days prior to the adoption.
http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?
lawCode=EDC&division=4.&title=2.&part=33.&chapter=2.&article=1.
In high school, the governing board of the school district is in charge of adopting the materials for
instruction.
http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml
All school personnel will be trained in the prevention and detection of child abuse and neglect.
The State Office of Child Abuse Prevention will create literature and materials that will be
disseminated to all school personnel in order for them to understand the processes for reporting and
prevention.
lawCode=EDC&division=3.&title=2.&part=25.&chapter=3.2.&article=
The state of California is dedicated to equal opportunity employment and prohibits
discrimination in all aspects of personnel practice and policy. In addition, they promote the total
realization of the equal opportunity employment through the utilization of an affirmative action
program.
Currently there is a lawsuit, Vergara v. California, being filed by a group of students who are
claiming that teacher tenure and seniority laws are keeping bad teachers in schools and inhibiting
student progress and learning. The decision is still pending, but the teacher union is doing what they
can to refute the students claim and keep their tenure rights in tack.
http://studentsmatter.org/our-case/vergara-v-california-case-summary/ Always be careful of nongovernmental sitesknow who they are
Our Mission
Students Matter is a national non-profit organization dedicated to sponsoring
impact litigation to promote access to quality public education.
We believe in the power of a good teacher. Research shows that quality teachers
make the differencenot only in students academic performance but also in
lifetime achievement. Learn more about the power of effective teachers.
We believe our future depends on every child having a high-quality education,
which starts with every child having an effective teacher in every classroom on
every day.
Our Team
Education reform advocate, public school investor, Silicon Valley entrepreneur and
parent David F. Welch founded Students Matter to defend childrens fundamental
right to have an equal opportunity to access quality public education. Learn more
about Dave.
From day one, Students Matter has partnered with Griffin|Schein, a consulting
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company that builds campaigns to advance social causes. Griffin|Schein manages
all communications, coalition-building and strategy on behalf of Students Matter.
Learn more about Griffin|Schein.
To argue the groundbreaking first case sponsored by Students Matter, weve
assembled an all-star legal team led by renowned attorneys Theodore B. Olson,
Theodore J. Boutro
- See more at: http://studentsmatter.org/our-team/#sthash.ufqe6dxG.dpuf
Module 8: Terms and Conditions of Employment

The licensure requirements in the state of the California are controlled by a licensure
committee. It is the responsibility of the committee to establish professional standards, assessments and
examinations in order to begin and advance in the educational field. They have the authority in creating
the standards for which all teachers and administrators must be prepared to display their excellence,
including but not limited to: academic talent, knowledge of the subject matter, possession of the human
skills to motivate, and the sensitivity to foster self esteem.
lawCode=EDC&sectionNum=44225. In addition, all superintendents must possess a valid
administrative certification and the qualifications for this are also created and controlled by the
licensure committee. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
A superintendent may not hire an outside consultant in any area that they have a vested financial
interest. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
In the case of temporary enrollment increase, superintendents may hire a substitute or temporary
employees to work for periods of less than one year in instructional areas.
lawCode=EDC&sectionNum=1294.1. Teachers in public and private school must be fingerprinted and
have a background check before they can work with minor students.
lawCode=EDC&sectionNum=44237. In positions that require certification, superintendents may not
hire a person who does not possess this certification, and such employees must demonstrate that they
have the skills necessary to complete their jobs.
Teachers may be terminated for the following reasons: Immoral or unprofessional conduct,
aiding or committing criminal syndicalism, dishonesty, unsatisfactory performance, evident unfitness
for service, physical or mental condition creating unfitness for instructing or interacting with children,
persistent violation or refusal to obey school laws, conviction of a felony, being a knowing member of
the communist party, and alcohol or drug abuse.
lawCode=EDC&division=3.&title=2.&part=25.&chapter=4.&article=3.
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There is no standard evaluation system for the state, but it is determined district by district,
therefore the California Teachers Association has developed an evaluation system that is used
throughout the state. This system is developed to truly inform teachers on the best practices and give
thorough feedback. The system can be used in entirety or parts that apply depending on the needs of the
district. http://www.cta.org/en/Issues-and-Action/Teacher-Quality/Teacher-Eval-FAQ.aspx
In terms of record keeping, the California Education Information System has been developed. This
system allows for the comprehensive keeping of current and important data for the states education
system. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
The California Teachers Association is the union representation for teachers in California. At
least every three years, the CTA engages in discussion with the school board to negotiate for teachers
working for the district. In 1975, the Educational Employment Relations Act was signed and collective
bargaining rights were granted to public school teachers in California. Out of this legislation the Public
Employment Relations Board was established. Items that can be negotiated are: compensation, hours of
work, safety matters, class size, evaluation and disciplinary procedures, health care, access to personnel
files, preparation time, seniority, transfer rights, a grievance procedure with binding arbitration to settle
major disputes, discrimination, job assignments, and early retirement. Non negotiable items include:
districts staffing needs, the district budget process, matters affecting employees outside the bargaining
unit, the timing of layoffs, an advisory committee formed by the employer, and access to information
unrelated to union representation.
http://www.cta.org/en/Issues-and-Action/Collective-Bargaining.aspx
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You did a very nice job on this

FINAL GRADE: _95%_____________Module 1: Legal Framework

did not work for me.

Module 8: Terms and Conditions of Employment

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