Test Answers
| Publication year | 2015 |
| Pages | 85 |
| Citation | Vol. 44 No. 10 Pg. 85 |
Special Issue: Education Law
Test Answers
Below are the answers to the test questions for the corresponding Education Law articles. The questions appear at the end of the respective article.
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Credit for reading the October 2015 articles will be granted for two years (through December 31, 2017).
Overview of General Liability, Workers' Compensation, and Employment Law Issues in K-12 Educational Institutions
by Frank Cavanaugh and Jenna Zerylnick
1. d: A statutory declaration of a charter school's public status may be meaningless. In Caviness, the Ninth Circuit held that an Arizona charter school was not a state actor in the context of § 1983 employment actions, even though Arizona statutes defined charter schools as public schools.
2. b: Teachers at public K-12 schools in Colorado have the right to strike, unionize, and collectively bargain, although the right to strike is a qualified right, subject to certain limitations. Effective December 2014, with the passage of the Colorado School Collective Bargaining Agreement Sunshine Act, local school boards or their representatives must negotiate collective bargaining agreements at meetings open to the public.
3. c: The new Act requires that schools base at least 50% of teacher and principal evaluations on student learning outcomes, as demonstrated by standardized test scores and other measures.
4. c: SB 2013 only allows for discovery for incidents happening between January 1, 2013 and July 1, 2017.
5. e: An injury in a parking lot often presents a unique exception to the going to and coming from work rule that says such injuries are not compensable. They are deemed to have arisen out of and occurred in the course and scope of employment, particularly when the employer has control over the lot and designates parking spaces. Claimant may also have a third-party case in tort, but not against the school district. The district is immune from suit under exclusive remedy provisions.
6. d: No: Contracting an infectious disease does not fit the model of an occupational disease under the Colorado Workers' Compensation Act. Yes: Even without being able to discern a specific exposure to a disease creating an infection for claimant, if some specific instances of direct exposure can be proven, the claim will likely be found compensable.
Gun Violence on Campus
by Ben Echeverria
1. c: in 2008 by the U.S. Supreme Court in the decision of District of Columbia v. Heller, 554 U.S. 570 (2008). The Court's analysis broke the language of the Second Amendment into parts starting with the phrase "A well regulated Militia. . . ." calling this phrase a "prefatory clause" that announced a purpose, but "does not limit or expand the scope of the second part, the operative...
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