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American Public School Law

by: Alexander, Kern

American Public School Law

by: Alexander, Kern

ISBN 13:
9780534274245
ISBN 10:
0534274242
Edition: 6th
Format: Hardcover
Copyright: 07/23/2004
Publisher: Wadsworth Publishing
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Summary

1. The Legal System. 2. Historical Perspective of Public Schools. 3. Role of the Federal Government. 4. Governance of Public Schools. 5. Church and State. 6. School Attendance. 7. The Instructional Program. 8. Student Rights: Speech, Expression, and Privacy. 9. Student Rights: Common Law, Constitutional Due Process, and Statutory Protections. 10. Rights of Students with Disabilities. 11. Tort Liability. 12. Defamation and Student Records. 13. School District Liability. 14. Certification, Contracts, and Tenure. 15. Teacher Rights and Freedoms. 16. Due Process Rights of Teachers. 17. Discrimination in Employment. 18. Collective Bargaining. 19. Desegregation of Public Schools. 20. School Finance. 21. School Property and Buildings. Appendixes.

Table of Cases

Preface

xxxvii

The Legal System

(20)

The Nature of Public School Law

(2)

Constitutions

(1)

Statutes

(1)

Court (or Case) Law

(1)

Common Law

(1)

Powers and Functions of Courts

(3)

Applying Principles

(1)

Interpreting Statutes

(1)

Determining Constitutionality

(2)

The Purpose of Law

(1)

An Invitation to Jurisprudence

(1)

Harry W. Jones

Stare Decisis

(1)

Nature and Authority of Judicial Precedents

(1)

Henry Campbell Black

Rule of Law

(1)

The Role of Precedent in Judicial Decision

(1)

John Hanna

Understanding Judicial Decisions

(1)

Case or Controversy

(2)

A Legitimate Controversy

(1)

The American Court System

(4)

State Courts

(1)

Federal Courts

(3)

The Role of the Supreme Court in American Society

(1)

Archibald Cox

Vertical Judicial Federalism: The Legal Context

(2)

Process of Going to Court

(4)

Historical Perspective of Public Schools

(41)

America's First School Laws

(1)

The Puritan Influence

(1)

A System of Education

(2)

Education and Natural Law

(1)

Common School and Democracy

(1)

The Struggle for Public Schools

(1)

Defining the Public Schools

(1)

The Massachusetts Law of 1647

(1)

Preamble to a Bill for the More General Diffusion of Knowledge (1779)

(1)

Education, the Balance-Wheel of Social Machinery, Horace Mann's Twelfth Report (1848)

(1)

Education Provisions of State Constitutions

(2)

McDuffy v. Secretary of the Executive Office of Education

(5)

Education Provisions as Limitations on Legislature

(1)

Education as a Fundamental Right under State Constitutions

(2)

Claremont School District v. Governor

(2)

Judicial Approval of Common Schools

(1)

Commonwealth v. Hartman

(1)

Expansion of Public Schools

(2)

Charter Schools

(2)

Council of Organizations of Others for Education about Parochiad v. Governor

(4)

Tuition and Fees in Public Schools

(1)

Randolph County Board of Education v. Adams

(2)

Cardiff v. Bismarck Public School District

(4)

Hartzell v. Connell

(6)

Role of the Federal Government

(36)

The Land Ordinances

(2)

Indirect Federal Role

(1)

Sources of the Federal Role

(2)

Structural Provisions in the Constitution

(5)

Tenth Amendment and State Sovereignty

(2)

General Welfare and Education

(1)

Commerce Clause and Education

(2)

United States v. Lopez

(4)

Supremacy Clause

(2)

Shepheard v. Godwin

(5)

Obligation of Contracts

(1)

Eleventh Amendment Immunity

(3)

Rights Provisions in the Constitution

(5)

Bill of Rights and Absorption by the Fourteenth Amendment

(2)

First Amendment

(1)

Fourth Amendment

(1)

Fifth Amendment

(1)

Eighth Amendment

(1)

Ninth Amendment

(1)

Fourteenth Amendment

(1)

Fundamental Rights and Education

(3)

San Antonio Independent School District v. Rodriguez

(3)

Education as a Unique Governmental Function

(1)

Kadrmas v. Dickinson Public Schools

(5)

Governance of Public Schools

(51)

Education as a State Function

(1)

Limits of State Control

100

(1)

State ex rel. Clark v. Haworth

101

(2)

State and Local Educational Agencies

103

(2)

McGilvra v. Seattle School District No. 1

105

(1)

Clark v. Jefferson County Board of Education

106

Functions of Education Agencies

103

(6)

Delegation of Legislative Powers

108

(1)

In the Petition to Transfer Territory from High School District No. 6, Lame Deer, Rosebud County, Montana, to High School District No. 1, Hardin, Big Horn County v. Lame Deer High School District

109

(4)

Executive Functions

112

(1)

School District No. 39 of Washington County v. Decker

113

(4)

Quasi-Judicial Functions

116

(1)

Hortonville Joint School District No. 1 v. Hortonville Education Association

117

(2)

Judicial Review of School Board Actions

119

(2)

Sioux City Community School District v. Iowa Department of Education

121

(3)

Authority of Interscholastic Organizations

124

(1)

Quimby v. School District No. 21 of Pinal County

125

(2)

School Officers

127

(1)

Smith v. Dorsey

128

(2)

Williams v. Augusta County School Board

130

(1)

School Elections

131

(2)

Hadley v. Junior College District of Metropolitan Kansas City, Mo.

133

(2)

School Board Meetings

135

(1)

Aldridge v. School District of North Platte

136

(3)

Open Meetings and Public Records Laws

139

(2)

Open Meetings

139

(1)

Public Records

140

(1)

Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Bernasconi

141

(2)

Hovet v. Hebron Public School District

143

(6)

Church and State

149

(99)

Wall of Separation

150

(2)

Religious Intolerance

152

(1)

Colonial Establishments

153

(1)

Religious Assessments

154

(1)

An Act for Establishing Religious Freedom, Thomas Jefferson

155

(1)

Memorial and Remonstrance against Religious Assessments, James Madison

156

(2)

Church Opposition to Schools of the Republic

158

(2)

The Public School and Religion

160

(2)

Public Taxation to Support Religious Schools

162

(1)

Everson v. Board of Education

162

(3)

Board of Education of Central School District No. 1 v. Allen

165

(3)

The Establishment Clause and the Lemon Test

168

(1)

The Lemon Test

168

(1)

Lemon v. Kurtzman

168

(6)

The Wall Begins to Crumble

173

(1)

Mueller v. Allen

174

(6)

The Marginalizing of Lemon

177

(1)

The Establishment Clause Reduced

178

(2)

Zobest v. Catalina Foothills School District

180

(2)

Agostini v. Felton

182

(3)

Mitchell v. Helms

185

(7)

New Theories of Church and State

192

(3)

Separation

192

(1)

Non-Preferential Subsidization

193

(2)

Noncoercive Subsidization

195

(1)

Vouchers

195

(2)

Zelman v. Simmons-Harris

197

(4)

Antiestablishment Provisions in State Constitutions

201

(4)

Dickman v. School District No. 62 C

205

(2)

Released Time for Religious Instruction

207

(1)

Illinois ex rel. McCollum v. Board of Education of School District No. 71, Champaign County, Illinois

208

(1)

Zorach v. Clauson

209

(2)

Secularization of Public Schools: Prayer and Bible Reading

211

(4)

A Bifurcated Standard

211

(1)

Volitional Exercises

212

(1)

Secular Purpose

212

(1)

Silent Meditation

212

(1)

Student-Initiated Religious Speech

213

(1)

Prayer at Graduation and Extracurricular Activities

214

(1)

School District of Abington Township v. Schempp and Murray v. Curlett

215

(2)

Wallace v. Jaffree

217

(3)

Lee v. Weisman

220

(2)

Santa Fe Independent School District v. Doe

222

(6)

Equal Access Act

228

(1)

Board of Education of the Westside Community Schools v. Mergens

228

(8)

Facilities

236

(1)

Good News Club v. Milford Central School

237

(3)

Flag Salute

240

(1)

West Virginia State Board of Education v. Barnette

241

(7)

School Attendance

248

(48)

State Prerogative

249

(1)

Plyler v. Doe

250

(4)

Martinez v. Bynum

254

(3)

Compulsory School Attendance

257

(5)

Parens Patriae

258

(2)

Instruction in Private Schools

260

(1)

Equivalent Instruction

261

(1)

Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary

262

(2)

The Amish Exception

264

(1)

Wisconsin v. Yoder

265

(4)

Johnson v. Charles City Community Schools Board of Education

269

(3)

Home Schooling

272

(6)

Swanson v. Guthrie Independent School District I-L

278

(2)

Murphy v. State of Arkansas

280

(3)

In re interest of Rebekah T.

283

(4)

Other Reasons for Nonattendance

287

(1)

Excessive Absences

287

(1)

Travel

287

(1)

Illness

287

(1)

Marriage

288

(1)

Vaccination

288

(2)

Maack v. School District of Lincoln

290

(6)

The Instructional Program

296

(68)

Marketplace of Ideas

297

(1)

Judicial Deference to School Officials

297

(2)

Limitation on State Power

299

(1)

State ex rel. Andrews v. Webber

299

(2)

Sandlin v. Johnson

301

(1)

Meyer v. Nebraska

302

(2)

Immediato v. Rye Neck School District

304

(5)

Curriculum and the Pall of Orthodoxy

309

(1)

Board of Education, Island Trees Union Free School District No. 26 v. Pico

310

(4)

Counts v. Cedarville School District

314

(4)

Virgil v. School Board of Columbia County, Florida

318

(3)

Mozert v. Hawkins County Board of Education

321

(4)

Brown v. Woodland Joint Unified School District

325

(3)

Obscenity and Sex

328

(3)

Films

330

(1)

Leebaert v. Harrington

331

(4)

Keefe v. Geanakos

335

(2)

Boring v. Buncombe Co. Board of Education

337

(3)

Evolution versus Creationism

340

(3)

Epperson v. State of Arkansas

343

(1)

Edwards v. Aguillard

344

(3)

Student Testing and Promotion

347

(3)

Due Process and Testing

348

(1)

Equal Protection and Testing

349

(1)

Debra P. v. Turlington

350

(3)

Grading and Academic Requirements

353

(2)

Withholding Diploma

354

(1)

Grade Reduction

354

(1)

Grade Standards for Extracurricular Activities

355

(1)

Campbell v. Board of Education of Town of New Milford

355

(4)

Bilingual Education Programs

359

(1)

Lau v. Nichols

360

(4)

Student Rights: Speech, Expression, and Privacy

364

(66)

Freedom of Speech and Expression

365

(1)

Material and Substantial Disruption

366

(1)

Tinker v. Des Moines Independent School District

367

(2)

Bethel School District No. 403 v. Fraser

369

(3)

Chandler v. McMinnville School District

372

(3)

Student Appearance

375

(2)

Hair Length

375

(1)

School Uniforms

376

(1)

Canady v. Bossier Parish School Board

377

(4)

Forum Analysis Applied to Schools

381

(1)

Lamb's Chapel v. Center Moriches Union Free School District

382

(3)

Student Publications

385

(1)

Forum Analysis and Student Newspapers

386

(1)

Categories of Publications

387

(1)

School-Sponsored Publications

387

(1)

Underground Publications

387

(1)

Religious Publications

387

(1)

Hazelwood School District v. Kuhlmeier

388

(5)

The Internet and Free Speech

393

(1)

Beussink v. Woodland R-IV School District

394

(3)

Privacy: Search and Seizure

397

(7)

Reasonable Suspicion

398

(1)

T.L.O. and Reasonableness

398

(2)

Special Needs and the Expansion of School Search Powers

400

(1)

Canine Searches

401

(1)

Strip Searches

402

(1)

Metal Detector Searches

402

(1)

Exclusionary Rule

403

(1)

Liability for Illegal Search

403

(1)

New Jersey v. T. L. O.

404

(5)

Vernonia School District 47J v. Acton

409

(3)

Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls

412

(5)

Cornfield v. Consolidated High School District No. 230

417

(3)

State of Iowa v. Jones

420

(4)

Isiah B. v. State of Wisconsin

424

(6)

Student Rights: Common Law, Constitutional Due Process, and Statutory Protections

430

(54)

Common Law and the Student

431

(2)

Reasonableness

432

(1)

In Loco Parentis

433

(1)

Wiemerslage v. Maine Township High School District 207

433

(2)

Constitutional Due Process

435

(1)

Substantive Due Process

435

(4)

More-Specific-Provision Rule

438

(1)

Conscience Shocking

438

(1)

Extension of Substantive Due Process

438

(1)

Dunn v. Fairfield Community High School District No. 225

439

(2)

Corporal Punishment and Substantive Due Process

441

(4)

Student Discipline at Common Law

441

(2)

The Eighth Amendment

443

(1)

Liberty Interests

443

(2)

Ingraham v. Wright

445

(3)

Procedural Due Process

448

(3)

Dixon v. Alabama State Board of Education

451

(1)

Goss v. Lopez

452

(3)

McClain v. Lafayette County Board of Education

455

(6)

Zero Tolerance

459

(2)

Sexual Harassment of Students

461

(3)

Deliberate Indifference

463

(1)

Franklin v. Gwinnett County Public Schools

464

(2)

Gebser v. Lago Vista Independent School District

466

(3)

Davis v. Monroe County Board of Education

469

(3)

Baynard v. Malone

472

(4)

Child Abuse

476

(2)

Reporting

477

(1)

Penalty for Failure to Report

477

(1)

Arkansas Department of Human Services v. Caldwell

478

(6)

Rights of Students with Disabilities

484

(65)

A History of Neglect

485

(2)

The Turning Point

486

(1)

The Mills Case

487

(1)

Mills v. Board of Education of District of Columbia

487

(4)

Education for All Handicapped Children Act (EAHCA)

491

(1)

Amendments to the EAHCA

491

(1)

Individuals with Diabilities Education Act (IDEA)

492

(2)

The 1997 Amendments to the IDEA

492

(1)

Attention Deficit Hyperactivity Disorder

493

(1)

Interpretation of the IDEA

494

(1)

Free Appropriate Public Education

494

(4)

Extended School Year

496

(1)

Regression-Recoupment Dilemma

496

(1)

Procedural Safeguards

497

(1)

Individualized Education Programs

498

(1)

Board of Education of Hendrick Hudson Central School District v. Rowley

499

(3)

Timothy W. v. Rochester School District

502

(6)

Least-Restrictive Environment

505

(3)

Oberti ex rel. Oberti v. Board of Education of Clementon School District

508

(5)

Beth v. Van Clay

513

(3)

Placement in Private Schools

516

(2)

The Burlington Test

517

(1)

Children with Disabilities in Sectarian Schools

518

(1)

Florence County School District Four v. Carter

518

(3)

Foley v. Special School District of St. Louis County

521

(2)

KDM v. Reedsport School District

523

(2)

Related Services

525

(1)

Irving Independent School District v. Tatro

526

(2)

Cedar Rapids Community School District v. Garret F.

528

(3)

Discipline and the ``Stay-Put'' Provision

531

(1)

The ``Stay-Put'' Provision

531

(1)

Honig v. Doe

532

(4)

Compensatory Education

536

(1)

Attorney's Fees

536

(1)

Eligibility for Fees

537

(1)

Private or Publicly Funded Attorneys

537

(1)

Liability for Reimbursement of Parents

537

(1)

Rehabilitation Act of 1973, Section 504

538

(2)

Difference Between Section 504 and the IDEA

539

(1)

Timothy H. v. Cedar Rapids Community School District

540

(3)

Section 504 and AIDS

542

(1)

The IDEA and AIDS

542

(1)

Martinez v. School Board of Hillsborough County

543

(6)

Tort Liability

549

(44)

Definition of a Tort

550

(1)

Intentional Interference

550

(3)

Assault

551

(1)

Battery

551

(1)

Interference with Peace of Mind

552

(1)

Spears v. Jefferson Parish School Board

553

(1)

Strict Liability

554

(1)

Fallon v. Indiana Trail School

555

(1)

Negligence

556

(4)

Standard of Conduct

557

(1)

The Reasonable Person

557

(1)

Elements to Negligence

557

(1)

Duty

557

(1)

Standard of Care

558

(1)

Proximate or Legal Cause

559

(1)

Injury or Actual Loss

560

(1)

Brown v. Tesack

560

(3)

Brownell v. Los Angeles Unified School District

563

(2)

Johnson v. School District of Millard

565

(4)

Richardson v. Corvallis Public School District No. 1

569

(1)

Defenses for Negligence

570

(2)

Contributory Negligence

571

(1)

Comparative Negligence

571

(1)

Assumption of Risk

571

(1)

Immunity

572

(1)

Wallmuth v. Rapides Parish School Board

572

(3)

Stevens v. Chesteen

575

(2)

Hutchinson v. Toews

577

(2)

Aaris v. Las Virgenes Unified School District

579

(2)

Hammond v. Board of Education of Carroll County

581

(4)

Exculpatory Releases

584

(1)

Wagenblast v. Odessa School District No. 105-157-166J

585

(2)

Educational Malpractice

587

(1)

Donohue v. Copiague Union Free School District

588

(5)

Defamation and Student Records

593

(38)

Defamation Defined

594

(1)

Defamation in Public Schools

594

(4)

Privilege

595

(1)

Good Faith

596

(1)

Defamation Per Se and Per Quod

597

(1)

Public Officials and Figures

598

(3)

Malice

600

(1)

Truth

601

(1)

Hett v. Ploetz

601

(2)

Desselle v. Guillory

603

(3)

Phillips v. Lincoln County School District

606

(2)

Milkovich v. Lorain Journal Co.

608

(4)

Richmond Newspapers, Inc., v. Lipscomb

612

(4)

Johnson v. Robbinsdale Independent School District No. 281

616

(5)

Student Records

621

(1)

Family Educational Rights and Privacy Act

621

(3)

No Child Left Behind Act of 2001

623

(1)

Individual Right to Damages

623

(1)

Parental Rights

623

(1)

Posting of Grades

624

(1)

Student-Graded Work

624

(1)

Owasso Independent School District v. Falvo

624

(7)

School District Liability

631

(38)

Sovereign Immunity

632

(1)

Molitor v. Kaneland Community Unit District No. 302

633

(3)

Richardson v. Rankin County School District

636

(1)

Yanero v. Davis

637

(4)

Lentz v. Morris

641

(2)

Abrogation of Immunity

643

(1)

Discretionary Functions

643

(1)

Mosley v. Portland School District No. 1J

644

(2)

Ette ex rel. Ette v. Linn-Mar Community School District

646

(3)

Insurance Waiver of Immunity

649

(1)

Dugger v. Sprouse

649

(1)

Proprietary Functions

650

(1)

Licensees and Invitees

651

(1)

Tanari v. School Directors of District No. 502

651

(2)

Nuisance

653

(1)

Hendricks v. Southfield Public Schools

654

(1)

Section 1983, Civil Rights Act of 1871 Liability

654

(3)

``Persons'' under the Act

655

(1)

School Board Liability under Section 1983

656

(1)

Official Negligence under Section 1983

656

(1)

Individual Liability under Section 1983

657

(1)

Wood v. Strickland

657

(4)

Eleventh Amendment Immunity and Local School Districts

661

(1)

Minton v. St. Bernard Parish School Board

662

(2)

Duke v. Grady Municipal Schools

664

(5)

Certification, Contracts, and Tenure

669

(49)

Teacher Certification

670

(2)

Background

670

(1)

Requirements

671

(1)

Ambach v. Norwick

672

(2)

Wardwell v. Board of Education of the City School District of the City of Cincinnati

674

(1)

Application of Bay

675

(3)

Erb v. Iowa State Board of Public Instruction

678

(2)

Teacher Contracts

680

(1)

The Standard Contract

680

(1)

Fairplay School Township v. O'Neal

681

(1)

Feldhusen v. Beach Public School District No. 3

682

(2)

The Tenure Contract

684

(1)

Grounds for Termination

684

(1)

Scheer v. Independent School District No. I-26 of Ottawa County

684

(2)

Appeal of Santee

686

(2)

Incompetency

688

(1)

Collins v. Faith School District #46-2

688

(5)

Insubordination

691

(2)

Gaylord v. Board of Education, Unified District No. 218, Morton County

693

(1)

In re Termination of James E. Johnson

694

(3)

Immorality

695

(1)

Immoral Conduct

696

(1)

Toney v. Fairbanks North Star Borough School District

697

(3)

Board of Education of Hopkins County v. Wood

700

(2)

Elvin v. City of Waterville

702

(1)

Gaylord v. Tacoma School District No. 10

703

(4)

Cause or Good Cause

706

(1)

Board of Directors of Lawton-Bronson v. Davies

707

(3)

Reduction in Force

710

(1)

Zoll v. Eastern Allamakee Community School District

710

(2)

Constitutional Protection of Contracts

712

(2)

State v. Project Principle, Inc.

714

(4)

Teacher Rights and Freedoms

718

(47)

The Source of Rights

719

(2)

Academic Freedom

719

(1)

First Amendment: Primary Repository

720

(1)

Speech Rights of Public Employees

721

(4)

Pickering and the Balancing of Interests

722

(1)

Mt. Healthy and Motivating Factors

723

(1)

Speech and the Connick Rule

724

(1)

Pickering v. Board of Education

725

(4)

Mt. Healthy City School District Board of Education v. Doyle

729

(5)

Givhan v. Western Line Consolidated School District

734

(2)

Stroman v. Colleton County School District

736

(2)

East Hartford Education Association v. Board of Education

738

(2)

Seemuller v. Fairfax County School Board

740

(3)

Privacy

743

(2)

Teacher Workplace Searches

744

(1)

Mental and Physical Examinations of Teachers

745

(1)

Daury v. Smith

745

(4)

Drug Testing of Teachers

747

(2)

Knox County Education Association v. Knox County Board of Education

749

(6)

Freedom of Religion

755

(2)

Title VII

755

(1)

Promoting Religion

756

(1)

Religious Garb

756

(1)

Cooper v. Eugene School District No. 4J

757

(3)

Privilege Against Self-Incrimination

760

(1)

Beilan v. Board of Public Education, School District of Philadelphia

760

(5)

Due Process Rights of Teachers

765

(29)

Four Aspects of Due Process

766

(1)

Substantive Due Process

766

(2)

Liberty Interests

766

(1)

Property Interests

767

(1)

Board of Regents v. Roth

768

(3)

Perry v. Sindermann

771

(4)

Procedural Due Process

775

(2)

Hearing

775

(2)

Impartiality

777

(1)

Cleveland Board of Education v. Loudermill

777

(4)

Crump v. Board of Education of Hickory Administrative School Unit

781

(4)

The Vagueness Test

785

(2)

Loyalty Oaths

785

(2)

Wieman v. Updegraff

787

(2)

Connell v. Higginbotham

789

(1)

The Irrationality and Presumption Test

789

(1)

Resident Status

789

(1)

Pregnancy

790

(1)

Cleveland Board of Education v. LaFleur

790

(4)

Discrimination in Employment

794

(61)

Constitutional and Statutory Protections

795

(1)

Federal Civil Rights Statutes

795

(1)

Enforcement of Employment Rights

796

(1)

Equal Protection Clause

796

(2)

Title VI

798

(1)

Title VII

798

(1)

Griggs v. Duke Power Co.

799

(1)

United States v. South Carolina

800

(5)

Hazelwood School District v. United States

805

(3)

Diversity and Affirmative Action

808

(2)

Wygant v. Jackson Board of Education

810

(2)

Taxman v. Board of Education of the Township of Piscataway

812

(4)

Sex Discrimination

816

(3)

Title VII

817

(1)

Pregnancy

817

(1)

Employment Benefits Discrimination

818

(1)

Title IX

818

(1)

North Haven Board of Education v. Bell

819

(4)

Sexual Harassment

820

(1)

Quid Pro Quo

821

(1)

Hostile Environment

821

(1)

Retaliation

822

(1)

Clark County School District v. Breeden

823

(2)

Masson v. School Board of Dade County

825

(4)

Trautvetter v. Quick

829

(2)

Religious Discrimination

831

(1)

Ansonia Board of Education v. Philbrook

832

(2)

Cowan v. Strafford R-VI School District

834

(2)

Equal Pay Act

836

(1)

Danzl v. North St. Paul--Maplewood--Oakdale Independent School District No. 622

837

(2)

Age Discrimination

839

(3)

Wooden v. Board of Education of Jefferson County

842

(2)

Discrimination Against Persons with Disabilities

844

(1)

School Board of Nassau County v. Arline

845

(4)

Chalk v. United States District Court Central District of California and Orange County Superintendent of Schools

849

(2)

Family and Medical Leave Act of 1993

851

(4)

Collective Bargaining

855

(34)

Background of Labor Relations

855

(1)

Private versus Public Sector Bargaining

856

(1)

The Right of Public Employees to Bargain Collectively

857

(2)

Norwalk Teachers Association v. Board of Education of City of Norwalk

859

(3)

Anderson Federation of Teachers, Local 519 v. School City of Anderson

862

(1)

Board of Education v. New Jersey Education Association

863

(2)

Indiana State Teachers Association v. Board of School Commissioners of the City of Indianapolis

865

(3)

School Board of the City of Richmond v. Parham

868

(2)

Pawtucket School Committee v. Pawtucket Teachers Alliance

870

(1)

City of Biddeford v. Biddeford Teachers Association

870

(2)

Scope of Bargaining

872

(1)

Kenai Peninsula Borough School District v. Kenai Peninsula Education Association

873

(3)

Collective and Individual Rights

876

(2)

Bargaining Rights

876

(1)

Constitutional Rights of Individuals

877

(1)

Abood v. Detroit Board of Education

878

(3)

Grunwald v. San Bernardino City Unified School District

881

(4)

City of Madison v. Wisconsin Employment Relations Commission

885

(4)

Desegregation of Public Schools

889

(50)

Historical Background

890

(2)

Erosion of Separate-but-Equal

892

(1)

Brown and the Demise of Segregated Schools

893

(2)

Brown v. Board of Education of Topeka

895

(2)

Interpreting Brown

897

(2)

Griffin v. County School Board of Prince Edward County

899

(3)

Green v. County School Board of New Kent County

902

(3)

Alexander v. Holmes County Board of Education

905

(1)

De Facto Segregation

905

(1)

Keyes v. School District No. 1, Denver

906

(3)

Quotas and Busing

909

(1)

Swann and the Four Student Assignment Issues

909

(1)

Swann v. Charlotte-Mecklenburg Board of Education

910

(3)

Racial Balances or Racial Quotas

910

(1)

One-Race Schools

911

(1)

Remedial Altering of Attendance Zones

911

(1)

Transportation of Students

912

(1)

Unitariness

913

(1)

Pasadena City Board of Education v. Spangler

914

(3)

Board of Education of Oklahoma City Public Schools, Independent School District No. 89 v. Dowell

917

(2)

Freeman v. Pitts

919

(5)

Remedial and Compensatory Remedies

924

(1)

Missouri v. Jenkins (Jenkins I)

925

(3)

Missouri v. Jenkins (Jenkins II)

928

(3)

Diversity and Racial Classifications

931

(1)

Narrow Tailoring

931

(1)

Diversity

931

(1)

Interdistrict Desegregation

932

(2)

Milliken v. Bradley

934

(5)

School Finance

939

(45)

Taxation for Education

940

(1)

The Development of the American State and Local Tax System

940

(2)

Florida Department of Education v. Glasser

942

(1)

Marion and McPherson Railway Co. v. Alexander

943

(3)

Distribution of State School Funds

945

(1)

Taxation and Equal Protection

946

(1)

School Finance Equity Litigation

946

(1)

Equal Protection Clause and School Finance

947

(3)

Rodriguez and Its Aftermath

948

(2)

Litigation under State Constitutions

950

(1)

Fundamentality and State Constitutions

950

(2)

Rose v. Council for Better Education, Inc.

952

(3)

Edgewood Independent School District v. Kirby

955

(5)

DeRolph v. State

960

(9)

Committee for Educational Rights v. Edgar

969

(3)

Budgeting and Accounting for School Funds

972

(1)

San Benito Independent School District v. Farmers' State Bank

973

(3)

Petition of Auditors of Hatfield Township School District

976

(2)

Public School Indebtedness

977

(1)

Revell v. Mayor of City of Annapolis

978

(1)

Hewitt v. Board of Education

979

(5)

School Property and Buildings

984

(25)

City of Baker School Board v. East Baton Rouge Parish School Board

985

(1)

City of Bloomfield v. Davis County Community School District

985

(2)

Edmonds School District No. 15 v. City of Mountlake Terrace

987

(2)

Purchase of Property for Special Purposes

989

(1)

In re Board of Public Instruction of Alachua County

989

(2)

School Buildings

991

(1)

Alexander v. Phillips

991

(3)

School Site Selection

994

(1)

Mullins v. Board of Education of Etowah County

994

(2)

Eminent Domain

996

(1)

Oxford County Agricultural Society v. School District No. 17

997

(1)

In re School District of Pittsburgh

998

(1)

Dare County Board of Education v. Sakaria

999

(3)

Adverse Possession

1002

(1)

Lovejoy v. School District No. 46, Sedgwick County

1002

(2)

Reversion of School Property

1004

(1)

Williams v. McKenzie

1005

(4)

Appendix A Selected Constitutional Provisions

1009

(4)

Appendix B Selected Federal Statutes

1013

(14)

Appendix C Public Schools Provisions in State Constitutions

1027

(5)

Appendix D Glossary of Terms

1032

(5)

Index

1037

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American Public School Law

American Public School Law

9780534274245

0534274242

Summary

Table of Contents

Supplemental Materials

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Amazon no longer offers textbook rentals. We do!

American Public School Law

American Public School Law

9780534274245

0534274242

Summary

Table of Contents

Supplemental Materials

Write a Review

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