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STUDY AND DISCUSSION Questions for Chapter 2

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1 What are the three sources of public school law in the U.S. legal system?

2 Why was the Bill of Rights passed? What is the significance of the 10th Amendment with regard to public education? Do citizens have a right to a public education under the U.S. Constitution?

3 Identify two aspects of the 14th Amendment that have been extremely important in court decisions regarding the public schools.

4 What was the significance of the Supreme Court decision in Tinker v. Des Moines Independent Community School District (1969)?

5 If public education is a duty of the states, how does the U.S. Congress have the power to shape educational policy and practices? Cite two examples of federal education legislation and two examples of federal antidiscrimination legislation.

6 What is case law, and why is it important?

7 What is civil liability?

8 What is professional malpractice? What aspects of the situation do courts evaluate to determine whether malpractice occurred? How is appropriate standard of care generally determined?

Ethics and Law for School Psychologists

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