School Law : Cases and Concepts,9780205419135

School Law : Cases and Concepts

by
Edition: 8th
ISBN13: 9780205419135
ISBN10: 0205419135
Format: Hardcover
Pub. Date: 2005-01-01
Publisher(s): Allyn & Bacon
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Summary

Clearly and interestingly written, this book offers its readers the optimal balance of case law, statutes, regulations, and commentary, thereby providing first hand knowledge of the law and useful guidance in understanding the meaning and application of the law in schools. This text enables educators to operate in a legally defensible and educationally sound manner. This new edition examines policies and litigation pertaining to church and state issues, legal rights and restrictions applicable to students and teachers, desegregation, school finance, vouchers, and charter schools, developments in disabilities law, and harassment of students. Pre-service and in-service teachers and administrators.

Table of Contents

Table of Cases xv
Preface xxiii
A Note to Users of This Text xxvii
1 Educational Governance: Sources of Law and the Courts 1(19)
I. Sources of Law
3(11)
A. Federal Level
3(9)
1. Constitution and Amendments
3(6)
a. Historical Perspective
3(2)
b. Due Process and Equal Protection
5(1)
(1) Due Process
6(1)
(2) Equal Protection
8(1)
2. Statutes
9(1)
3. Case Law
10(1)
4. Executive Orders and Attorney General Opinions
11(1)
B. State Level
12(2)
1. State Constitutions
12(1)
2. State Statutes
12(1)
3. Case Law
13(1)
4. State Board of Education, Chief State School Officer, and State Department of Education
13(1)
5. Attorney General Opinions
14(1)
C. Local Level
14(1)
II. The American Judicial System
14(6)
A. State Court Systems
15(1)
B. Federal Court System
16(4)
1. District Courts
16(1)
2. Courts of Appeals
17(1)
3. Supreme Court
17(3)
2 Schools and the State 20(85)
I. Compulsory Attendance
20(10)
A. Satisfied by Parochial, Private, or Home School Attendance
20(5)
Pierce v. Society of Sisters
21(2)
Notes and Questions
23(2)
B. Regulation of Private Schools
25(1)
C. Home Instruction
26(3)
D. Admission Issues
29(1)
II. Religion in the Schools
30(52)
A. School-Sponsored Prayer and Bible Reading
30(32)
1. Recitation of a State Prayer
31(5)
Engel v. Vitale
31(5)
2. Prayer and Bible Reading
36(9)
School District of Abington Township v. Schempp and Murray v. Curlett
36(3)
Notes and Questions
39(4)
Epilogue: Prayer and Bible Reading
43(2)
3. Prayers at Graduation Exercises and other Public School-Sponsored Activities
45(21)
Lee v. Weisman
46(9)
Notes and Questions
55(7)
B. Equal Access
62(4)
C. The Teaching of Evolution
66(6)
Edwards v. Aguillard
66(4)
Notes and Questions
70(2)
D. Textbooks
72(1)
E. Distribution of Religious Literature
73(2)
F. Released and Shared Time and Religious Instruction
75(2)
G. Religious Holidays
77(1)
H. Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools
78(4)
III. Use of Facilities
82(10)
Good News Club v. Milford Central School
83(7)
Notes and Questions
90(2)
IV. Aid to Nonpublic Schools
92(4)
V. School Fees
96(4)
Hartzell v. Connell
97(3)
Notes and Questions
100(1)
VI. Health Services
100(5)
A. Immunization
101(2)
Berg v. Glen Cove City School District
101(2)
Notes
103(1)
B. Distribution of Condoms
103(2)
3 Students and the Law 105(89)
I. Freedom of Expression
106(26)
A. The Tinker Doctrine
106(9)
Tinker v. Des Moines Independent Community School District
106(7)
Notes
113(2)
B. Limiting the Tinker Doctrine
115(12)
1. Nonpolitical Speech
115(6)
Bethel School District No. 403 v. Fraser
115(5)
Notes
120(1)
2. School-Sponsored Expressive Activities
121(6)
Hazelwood School District v. Kuhlmeier
121(4)
Notes and Questions
125(2)
C. Participation in Patriotic Exercises
127(6)
Sherman v. Community School District 21
127(3)
Notes and Questions
130(2)
II. Family Educational Rights and Privacy Act of 1974 (Buckley Amendment)
132(1)
III. Suspension, Expulsion, and Disciplinary Transfer
133(18)
A. Suspension
134(7)
Goss v. Lopez
134(6)
Notes and Questions
140(1)
B. Expulsion
141(10)
1. Public School Expulsion
141(6)
Gonzales v. McEuen
145(2)
Notes and Questions
147(1)
2. Private School Expulsion
147(12)
Allen v. Casper
150(1)
Note
150(1)
C. Disciplinary Transfer
151(1)
IV. Corporal Punishment
151(7)
Ingraham v. Wright
152(4)
Notes and Questions
156(2)
V. Search of Students and Lockers
158(13)
A. Student Search
159(6)
New Jersey v. T.L.O.
159(5)
Notes and Questions
164(1)
B. Search for Drugs and Weapons
165(2)
C. Intrusive Search
167(3)
D. Locker Search
170(1)
VI. Dress and Grooming
171(8)
A. Dress
172(3)
B. Uniforms
175(3)
C. Grooming
178(1)
VII. Pregnancy, Parenthood, and Marriage
179(2)
VIII. Participation in Extracurricular Activities
181(9)
A. Legal Status of Extracurricular Activities
181(5)
Palmer v. Merluzzi
182(3)
Notes and Questions
185(1)
B. Athletics
186(8)
1. Married Students
186(3)
Beeson v. Kiowa County School District RE-1
187(2)
Notes and Questions
189(1)
2. Gender Equity
189(1)
IX. School Punishment for Out-of-School Offenses
190(4)
4 Teachers and the Law 194(92)
I. Nonrenewal and Dismissal
194(7)
Board of Regents of State Colleges v. Roth
195(4)
Notes and Questions
199(2)
II. Freedom of Expression
201(11)
A. Tenured Teacher's Public Expression
202(6)
Pickering v. Board of Education of Township High School District 205
202(4)
Notes
206(2)
B. Nontenured Teacher's Freedom of Expression
208(4)
Mt. Healthy City School District Board of Education v. Doyle
208(4)
Notes
212(1)
III. Academic Freedom
212(16)
A. Appropriate Material
213(9)
Fowler v. Board of Education of Lincoln County
213(5)
Notes and Questions
218(4)
B. Political Speakers
222(7)
Wilson v. Chancellor
222(5)
Notes and Questions
227(1)
IV. Drug Testing
228(1)
V. Personal Appearance
229(5)
East Hartford Education Association v. Board of Education of Town of East Hartford
230(3)
Notes and Questions
233(1)
VI. Teacher as Exemplar
234(22)
A. Homosexual Teacher
235(6)
Epilogue
239(2)
B. Adulterous Teacher
241(5)
Erb v. Iowa State Board of Public Instruction
241(4)
Note
245(1)
C. Criminal Activities
246(4)
Gillett v. Unified School District No. 276
246(3)
Notes
249(1)
D. Impropriety with Students
250(6)
Barcheski v. Board of Education of Grand Rapids Public Schools
250(4)
Notes
254(2)
VII. Employment Discrimination
256(19)
A. Racial Discrimination
257(5)
B. Sex Discrimination
262(4)
Marshall v. Kirkland
262(3)
Notes
265(1)
C. Pregnancy
266(6)
Eckmann v. Board of Education of Hawthorn School District
268(3)
Notes and Questions
271(1)
D. Religious Discrimination
272(2)
E. Age Discrimination
274(1)
VIII. Teacher Bargaining
275(8)
Lehnert v. Ferris Faculty Association
276(11)
Notes
282(1)
IX. Political Activities
283(3)
5 School Desegregation 286(37)
I. Historical Perspective
287(16)
A. Separate but Equal Doctrine
287(9)
Plessy v. Ferguson
287(8)
Notes and Questions
295(1)
B. De Jure Public School Segregation Unconstitutional (Brown I)
296(4)
Brown v. Board of Education of Topeka
296(4)
Notes and Questions
300(1)
C. Implementation (Brown II)
300(4)
Brown v. Board of Education of Topeka
301(1)
Notes and Questions
302(1)
II. Early Desegregation in the South
303(1)
III. Desegregation in the Non-South
304(10)
A. Intentional Segregative Action
305(1)
B. Interdistrict Integration
306(8)
Sheff v. O'Neill
308(6)
IV. Current Desegregation Issues
314(6)
A. Release from Court Order
314(2)
B. Race-Related Placement
316(9)
1. Magnet Schools
317(2)
2. Weighted Lottery
319(1)
V. Epilogue
320(3)
6 Individuals with Disabilities and the Law 323(43)
I. The Individuals with Disabilities Education Act
325(25)
A. Eligibility
325(1)
B. Identification and Evaluation of Students
326(1)
C. Substantive Educational Rights
327(7)
Board of Education of the Hendrick Hudson Central School District v. Rowley
327(6)
Notes and Questions
333(1)
D. Individualized Education Programs
334(1)
E. Appropriate Placements
334(3)
F. Related Services
337(1)
G. Procedural Protections
338(2)
H. Discipline
340(7)
I. Transition Services
347(1)
J. Graduation and Competency Exams
348(1)
K. Cost Issues
348(2)
Notes and Questions
349(1)
II. Section 504 of the Rehabilitation Act
350(14)
A. Students and Section 504
351(10)
Thomas v. Atascadero Unified School District
353(4)
Notes
357(1)
Grube v. Bethlehem Area School District
358(3)
Note
361(1)
B. Employees and Section 504
361(3)
III. The Americans with Disabilities Act
364(2)
7 School Finance and School Choice Issues 366(46)
I. School Finance Reform
366(29)
A. Background
366(2)
B. Early Decisions
368(1)
C. Fiscal Neutrality
368(1)
D. Rodriguez
369(10)
San Antonio Independent School District v. Rodriguez
370(9)
Notes and Questions
379(1)
E. Post-Rodriguez Litigation
379(8)
Rose v. Council for Better Education
380(7)
Notes
387(1)
F. Results to Date
387(8)
1. Decisions Upholding State Finance Provisions
388(1)
2. Decisions Effecting Reform
389(6)
Listing of Selected School Finance-Related Cases
391(4)
II. Choice
395(17)
A. Choice Plans
395(15)
1. Public School Inter- and Intra-district Open Enrollment
396(1)
2. Intra-District Specialized Schools
396(1)
3. Voucher Plan
397(10)
Zelman v. Simmons-Harris
400(6)
Notes
406(1)
4. Charter Schools
407(2)
5. Education Service Providers
409(1)
6. Tuition Tax Credits
409(1)
B. Legal Implications
410(2)
8 Educator and School District Liability 412(33)
I. School District Immunity
412(22)
A. Liability under State Law
412(2)
B. Liability under Federal Law
414(20)
1. Liability under 42 U.S.C. § 1983
414(10)
Wood v. Strickland
419(1)
Notes and Questions
419(1)
Carey v. Piphus
420(4)
2. Damages under Title IX
424(11)
a. Teacher-to-Student Harassment
424(1)
Gebser v. Lago Vista Independent School District
424(1)
Notes
428(1)
b. Student-to-Student Harassment
429(1)
Davis v. Monroe County Board of Education
429(1)
Notes and Questions
434(1)
II. Educator Liability
434(3)
A. Intentional Torts
434(1)
B. Negligence
435(1)
1. Duty of Care
435(1)
2. Standard of Care
435(1)
3. Proximate Cause
436(1)
4. Actual Loss or Injury
436(1)
C. Defenses for Negligence
436(1)
III. Duties of Supervision
437(4)
A. Before and after School
437(2)
B. During School Hours
439(1)
C. Off-Campus Activities
440(1)
IV. Parental Consent
441(1)
V. Malpractice
441(3)
VI. Insurance
444(15)
Questions
444(1)
APPENDIX A-Analyzing a Court Decision 445(2)
APPENDIX B-An Introduction to Research in School Law 447(8)
APPENDIX C-The Constitution of the United States of America-Edited 455(4)
APPENDIX D-Statutory Material 459(15)
No Child Left Behind Act of 2001
Sec. 6301. Statement of Purpose
459(1)
Sec. 6311. State Plans
459(1)
Sec. 6316. Academic Assessment and LEA and School Improvement
460(1)
Sec. 6317. School Support and Recognition
461(1)
Sec. 6318. Parental Involvement
462(1)
Sec. 6319. Qualifications for Teachers and Paraprofessionals
462(1)
Sec. 6320. Participation of Children Enrolled in Private Schools
463(1)
Sec. 6575. Prohibition Against Federal Mandates, Direction, or Control
463(1)
Sec. 6623. Local Use of Funds
463(1)
Sec. 6672. Authorization of Troops-to-Teachers Program
463(1)
Sec. 6736. Limitation on Liability for Teachers
463(1)
Sec. 7175. Gun-Free Requirements
464(1)
Sec. 7165. Transfer of School Disciplinary Records
464(1)
Sec. 7183. Nonsmoking Policy for Children's Services
465(1)
Sec. 7217a. Participation of Children Enrolled in Private Schools
465(1)
Sec. 7221. Charter School Programs
465(1)
Sec. 7231. Magnet School Assistance
465(1)
Sec. 7886. Private, Religious, and Home Schools
466(1)
Sec. 7904. School Prayer
466(1)
Sec. 7905. Equal Access to Public School Facilities
467(1)
Sec. 7909. Prohibition on Federally Sponsored Testing
467(1)
Sec. 7910. Limitations on National Testing or Certification for Teachers
467(1)
Sec. 7912. Unsafe School Choice Option
467(1)
Title VII of the Civil Rights Act of 1964
467(2)
Pregnancy Discrimination Act of 1978
469(1)
Age Discrimination in Employment Act of 1967
469(1)
Title IX of the Education Amendments of 1972
470(1)
Section 504 of the Rehabilitation Act of 1973
470(1)
Family Educational Rights and Privacy Act of 1974
470(2)
Equal Access Act of 1984
472(1)
Civil Rights, 42 U.S.C. §1981-1983
473(1)
Glossary 474(5)
Index 479

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