1. Public education is not mentioned directly in the United State Constitution. Describe the development of the nexus that exists between the federal government and the American public education system.  Be specific in dealing with the development and the nexus.

• The constitution of the United States doesn't mention education specifically; however, it does grant power to Congress to raise money for schools and to create laws that affect schools.The Tenth Amendment gives the power of governing public schools to the states, if the state so chooses. Schools are governed by state statutes and local control.  As the nineteenth century approached many states adopted state constitutions which provided for free public schooling for all children within the state. State statutes may be more enveloping than the U.S. Constitution, but in no way can it contradict what was established within the Constitution.
   

3. List and explain the three (3) principal sources and levels of law.  Clearly explain and cite a minimum of 2 examples of how each source as applied to the field of education.

• Federal Level:  Under the US Constitution education may be funded and and congress may create laws that will affect schools within the states.  Federal statutes provide for federal aid for schools and prohibits discrimination of students within schools. AND Under Section 1983, individuals can bring charges against schools for violating federal constitutional rights.
• State Level: The Tenth Amendment gives the states the powers to maintain and control education. Eventually states adopted state constitutions that established the right to an education for all children within their state. State statutes are created and enforced by the state government. Most states have statutes that (following are a few examples): establish compulsory education guidelines, create school districts and local boards of education to guide those districts, determine what the qualifications of public school teachers will be within their state, and establish a curriculum to be adhered to.
• Local School Boards: Local school boards may adopt policies in align with state and federal statutes that help to maintain an orderly and efficient school district.Some of our local policies at Logan View have to do with attendance policies, homework policies, graduation policies, personnel conduct policies, etc.
   

5. Explain the aspect of substantive and procedural due process.  If a student is expelled or given a lengthy suspension, in Nebraska and in Iowa (more than 5 days), what procedural and substantive due process must be afforded the student?

• Procedural due process involved the procedures being carried out appropriately when enforcing guidelines and rues. Substantive due process relates to laws or regulations being related to legitimate interest and that there can not be unfair treatment between individuals. If a student is awarded such a punishment they have the right to due process in the form of a hearing before there dismissal. The hearing needs to be immediate and doesn't necessarily need to be formal. It could include conferencing with the parents regarding the situation.
   

6. Explain why Tinker v. Des Moines Board of Education was such a significant case for American education and society.

• Tinker v. Des Moines Board of Education dealt with freedom of speech. Although we are awarded freedom of speech under the First Amendment. Speech is defined as any action as a form of expression. In Tinker v. Des Moines Board of Education the students were banding together to have a symbol showing their displeasure of happenings of the Vietnam war. This expression was thought to possibly be disruptive within the school. Because of this decision freedom of speech within public schools has limitations as to the nature and the impact on the school community. The Tinker Test was created from this decision that helps to guide whether speech is appropriate or not. The Tinker Test says:

                        school officials may only prohibit student speech

                        that causes, or reasonably could be expected to

                        cause, material and substantial disruption of the

                        school's operations or that "invades" the rights of others. 

Imber, M, & VanGeel, T (2004). Education law-third edition.Mahway, NJ: Lawrence Erlbaum Associates.