OAE School Law, Policy & Legal Compliance 2 — Questions and Answers
Question 1: New Jersey v. T.L.O. (1985) ruled that school officials may search students based on:
- Reasonable suspicion that a school rule or law has been violated (Correct answer)
- A valid search warrant issued by a judge
- Probable cause, applying the same standard as law enforcement
- Written parental consent obtained before any search
Correct answer: Reasonable suspicion that a school rule or law has been violated
T.L.O. established that school officials need only reasonable suspicion — not a warrant or probable cause — to conduct student searches, given schools' custodial role.
Question 2: Section 504 of the Rehabilitation Act differs from IDEA primarily by:
- Requiring annual IEP meetings for all eligible students
- Providing more federal funding for special education programs
- Only covering students with physical mobility disabilities
- Serving a broader range of disabilities through accommodations without requiring specialized instruction (Correct answer)
Correct answer: Serving a broader range of disabilities through accommodations without requiring specialized instruction
Section 504 covers any disability substantially limiting a major life activity and provides accommodations, while IDEA requires specialized instruction and covers a narrower eligibility definition.
Question 3: The Every Student Succeeds Act (ESSA) replaced which federal education law?
- IDEA (Individuals with Disabilities Education Act)
- Title IX of the Education Amendments of 1972
- No Child Left Behind (NCLB) (Correct answer)
- The Perkins Act for vocational education
Correct answer: No Child Left Behind (NCLB)
ESSA (2015) replaced No Child Left Behind (2001) as the primary federal K-12 accountability law, returning more authority over standards and assessments to states.
Question 4: Tinker v. Des Moines (1969) established that:
- Schools may suppress any student speech that generates controversy
- Students retain constitutional rights unless expression substantially disrupts the school environment (Correct answer)
- Administrators have plenary authority over all student expression on campus
- Off-campus student speech is fully protected from school discipline
Correct answer: Students retain constitutional rights unless expression substantially disrupts the school environment
Tinker ruled that students do not shed their constitutional rights at the schoolhouse gate, but those rights may be restricted when expression causes substantial disruption.
Question 5: When dismissing a tenured teacher for cause, administrators must ensure:
- A majority vote of all school staff members
- The superintendent's verbal recommendation alone
- Documented cause and strict adherence to due process procedures (Correct answer)
- Union waiver of all contractual procedural rights beforehand
Correct answer: Documented cause and strict adherence to due process procedures
Dismissal of tenured teachers requires documented cause and due process, including written notice, an opportunity to respond, and following established procedural requirements.
Question 6: The Fourth Amendment's protection against unreasonable searches and seizures requires school officials to have at minimum:
- Full probable cause and a judicial search warrant
- Written parental consent for any student or locker search
- A school resource officer present during all campus searches
- Reasonable suspicion before conducting a student search (Correct answer)
Correct answer: Reasonable suspicion before conducting a student search
Courts apply a modified Fourth Amendment standard to school settings: reasonable suspicion (not probable cause or a warrant) is required for school-initiated searches.
Question 7: Title I funding under ESSA is primarily directed toward:
- High-achieving schools seeking advanced enrichment programming
- Schools serving high concentrations of students from low-income families (Correct answer)
- Rural districts lacking adequate technology infrastructure
- Urban charter schools with innovative instructional models
Correct answer: Schools serving high concentrations of students from low-income families
Title I is the largest federal K-12 funding program, targeting schools with high percentages of low-income students to help close achievement gaps.
OAE School Law, Policy & Legal Compliance 2
New Jersey v.
T.L.O. (1985) ruled that school officials may search students based on: