Quiz 2

In Plessy v. Ferguson, Mr. Plessy had been removed from a “Whites Only” rail car because his dark skin made it obvious that he was an African-American violating the state’s “Separate but Equal” law.

• True

• False

In Brown v. Board of Education (1955) (Brown II) the Court famously ordered that school admissions on a racially nondiscriminatory basis begin “with all deliberate speed.”

• True

• False

The goal of desegregation is to effectuate conversion of a state-imposed dual system of racially segregated schools into a unitary, nonracial system.

• True

• False

Many teachers have little or no knowledge of tort law, although the incidents resulting in tort suits frequently occur in the classroom and could best be prevented by the teacher. Most school administrators recognize the importance of tort law, yet many fail to acquire and disseminate adequately the knowledge they and their faculty members need to protect themselves and their school districts from unnecessary liability. Is the aforementioned information correct?

• True

• False

School vouchers, tax credits, and choice programs continue to generate both great interest and great opposition.

• True

• False

A teacher was tenured in another state and resigned to move to your state and teach. At the end of the school year, the school district decides not to offer the teacher another contract. The teacher claims that she is tenured, the U.S. Constitution guarantees due process of law, and that according to the Fourteenth Amendment: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.” The teacher claims that she is entitled to due process of law and sues the school district. The school district asserts that it must follow the due process laws of its own state only, and owes no due process regarding property rights granted by other states. Who is correct?

• Plaintiff

• Defendant

The state legislature has adopted a policy of hiring only U.S. citizens for public school teaching positions. A resident alien, who is married to a U.S. citizen and has been living in the U.S. for 10 years but has declined to obtain U.S. citizenship, is denied employment as a public school teacher, and sues. Who is more likely to prevail?

• Plaintiff

• Defendant

A teacher is absent six or seven days per year for religious holidays. School policy allows three days per year for religious holidays, but prohibits using sick leave or personal leave for religious holidays. The teacher repeatedly asked the school board to adopt a policy that would allow the use of personal leave days for religious holidays, or to allow the teacher to receive his/her regular daily pay on religious holidays and to reimburse the school for the cost of a substitute teacher. The board rejects the teacher’s proposals, but agrees to allow adequate unpaid leave for the teacher. The teacher sues, claiming religious discrimination in violation of Title VII. Who is more likely to prevail?

• Plaintiff

• Defendant

You are a public school principal. One of your teachers, Mrs. Brown, received a message notifying her that she had an important phone call. The only available phone was in the main office. Before briefly leaving her fourth-grade classroom and students to take the call, she told them that she would only be gone a few minutes, and that while she was gone they were to do their regularly exercises, a routine of various calisthenics they learned to the tune “Chicken Fat.” Although she asked everyone to be careful, Johnny drifted from his assigned spot and while jumping up from doing pushups, he accidentally kicked Jenny, the girl behind him, in the face. He was wearing heavy shoes, and the injury was serious enough to cause the loss of several permanent teeth and require surgery to repair her lips and gums. This occurred late on Friday afternoon. Your superintendent is new, and very concerned, but could not reach the school attorney. You just received an e-mail message from your superintendent, asking you for your best assessment of the situation as a school administrator with a solid working knowledge of the law of torts. The superintendent knows that you are not a lawyer, and that you cannot give legal advice, but nonetheless needs your help to better understand tort law, which will be helpful in discussing this matter with the school attorney later. In the meantime, the parent of Jenny wants to file a lawsuit. Who do you expect would be more likely to prevail in litigation?

• Plaintiff

• Defendant

The school board has passed a resolution requiring all male teachers to wear a tie while teaching, except during physical education classes, shop classes, or other classes where legitimate health or safety reasons make wearing a tie problematic. Several teachers have objected that this dress code infringes on their free speech rights by denying them an opportunity to express themselves through their dress, and that the regulation discriminates on the basis of gender. They refuse to wear ties, are charged with insubordination, and suspended until they comply with the school’s dress code. The teachers sue the school.

• Plaintiff

• Defendant