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Public School Law : Teacher's and Student's Rights

ISBN: 9780205352166 | 0205352162
Edition: 6th
Format: Hardcover
Publisher: Allyn & Bacon
Pub. Date: 1/1/2009

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SummaryTable of Contents
Updated and revised to reflect new policy and legal decisions, the Fifth Edition of Public School Law: Teacher's and Student's Rights provides an all-inclusive treatment of the current status and evolution of the law governing public schools, making it the most comprehensive and well-documented text of its kind. The text addresses legal principles applicable to practitioners in a succinct but comprehensive manner. It uniquely blends a detailed treatment of landmark cases with a thorough discussion of the legal context, trends, and generalizatio... MORE
Prefacexiii
Legal Framework of Public Education
1(24)
State Control of Education
1(8)
... MORE
Legislative Power
2(1)
State Agencies
3(2)
Local School Boards
5(3)
School-Based Councils
8(1)
Federal Role in Education
9(8)
United States Constitution
9(5)
Federal Legislation
14(3)
Federal Administrative Agencies
17(1)
Function and Structure of the Judicial System
17(6)
State Courts
20(1)
Federal Courts
20(2)
Judicial Trends
22(1)
Conclusion
23(2)
Church/State Relations
25(42)
Constitutional Framework
25(4)
Religious Influences in Public Schools
29(19)
Silent Prayer Statutes
30(1)
School-Sponsored versus Private Devotionals
31(6)
Religious Displays and Holiday Observances
37(2)
Proselytization in the Classroom
39(3)
Equal Access for Religious Expression and Groups
42(6)
Accommodations for Religious Beliefs
48(5)
Release-Time Programs
48(1)
Excusal for Religious Observances
49(1)
Religious Exemptions from Secular Activities
50(3)
Religious Challenges to the Secular Curriculum
53(4)
Defining What Is ``Religious''
53(1)
Challenged Curriculum Components
54(3)
State Aid to Private Schools
57(8)
Aid for Student Services
58(4)
Aid to Encourage Educational Choice
62(3)
Conclusion
65(2)
School Attendance and Instructional Issues
67(40)
Compulsory School Attendance
67(7)
Alternatives to Public Schooling
68(3)
Exceptions to Compulsory Attendance
71(1)
Health Requirements
72(2)
Residency Requirements
74(3)
School Fees
77(3)
Transportation
78(1)
Textbooks, Courses, and Materials
78(2)
The School Curriculum
80(9)
Requirements and Restrictions
81(1)
Censorship of Instructional Materials
82(7)
Student Proficiency Testing
89(4)
Educational Malpractice and Instructional Negligence
93(3)
Instructional Privacy Rights
96(8)
Student Records
97(6)
Pupil Protection and Parental Rights Laws
103(1)
Conclusion
104(3)
Students' Rights in Noninstructional Matters
107(36)
Freedom of Speech and Press
107(21)
Unprotected Conduct and Expression
109(4)
Commercial Expression
113(1)
School-Sponsored (Governmental) Expression
114(3)
Protected Private Expression
117(8)
Student-Initiated Clubs
125(3)
Student Appearance
128(6)
Hairstyle
128(2)
Attire
130(4)
Extracurricular Activities
134(6)
Attendance, Training, and Recruitment Regulations
135(1)
Restrictions on Eligibility
136(3)
Fees for Participation
139(1)
Other Conditions
140(1)
Conclusion
140(3)
Student Classifications
143(44)
Legal Context
143(3)
Classifications Based on Race
146(17)
Pre-Brown Litigation
146(3)
De Jure Segregation in the South
149(2)
Distinguishing between De Jure and De Facto Segregation
151(1)
Fashioning Appropriate Remedies
152(7)
Achieving Unitary Status
159(2)
Postunitary Transfer and School Assignment
161(2)
Classifications Based on Native Language
163(3)
Classifications Based on Ability or Achievement
166(4)
Tracking Schemes
166(2)
Gifted and Talented Students
168(2)
Classifications Based on Age
170(1)
Classifications Based on Gender
171(13)
Interscholastic Sports
172(5)
Academic Programs
177(3)
Sexual Harassment of Students
180(3)
Marriage and Pregnancy
183(1)
Conclusion
184(3)
Rights of Students with Disabilities
187(38)
Legal Context
187(6)
Rehabilitation Act
188(3)
Americans with Disabilities Act
191(1)
Individuals with Disabilities Education Act
192(1)
Free Appropriate Public Education
193(3)
Individualized Education Programs
196(9)
Initial Identification
196(1)
Evaluation
197(2)
IEP Preparation
199(1)
Public and Private Placement
200(5)
Related Services
205(3)
Transportation
206(1)
Psychological Services
206(1)
Health Services
207(1)
Extended School Year
208(1)
Participation in Sports
209(3)
Discipline
212(4)
Suspension
213(1)
Explusion
214(2)
Procedural Safeguards
216(6)
Stay-Put
216(2)
Mediation
218(1)
Impartial Due Process Hearing
219(1)
State Review
220(1)
Civil Action
220(1)
Remedies and Attorneys' Fees
221(1)
Conclusion
222(3)
Student Discipline
225(46)
Conduct Regulations
226(4)
Expulsions and Suspensions
230(10)
Expulsions
230(5)
Suspensions
235(5)
Corporal Punishment
240(3)
Constitutional Issues
240(2)
State Law
242(1)
Academic Sanctions
243(5)
Absences
244(1)
Misconduct
245(3)
Search and Seizure
248(18)
Lockers
251(2)
Search of Personal Possessions: Purses, Book Bags, and Other Property
253(2)
Personal Search of a Student
255(2)
Use of Metal Detectors
257(1)
Drug-Detecting Canines
258(3)
Drug Testing
261(2)
Police Involvement
263(3)
Remedies for Unlawful Disciplinary Actions
266(2)
Conclusion
268(3)
Terms and Conditions of Employment
271(34)
Licensure or Certification
272(4)
Employment by Local School Boards
276(6)
Employment Requirements
277(2)
Assignment of Personnel and Duties
279(3)
Contracts
282(7)
Term and Tenure Contracts
284(3)
Supplemental Contracts
287(2)
Leaves of Absence
289(1)
Personnel Evaluation
289(3)
Personnel Records
292(2)
Other Employment Issues
294(9)
Using Copyrighted Materials
294(5)
Reporting Suspected Child Abuse
299(4)
Conclusion
303(2)
Teachers' Substantive Constitutional Rights
305(41)
Freedom of Expression
305(13)
Legal Principles
306(3)
Application of the Legal Principles
309(6)
Prior Restraint and Channel Rules
315(3)
Academic Freedom
318(8)
Course Content
318(3)
Expressing Personal Views in the Classroom
321(1)
Teaching Strategies
322(4)
Freedom of Association
326(7)
Political Affiliations
327(2)
Political Activity
329(4)
Personal Appearance
333(2)
Privacy Rights
335(9)
Search and Seizure
337(3)
Lifestyle Choices
340(4)
Conclusion
344(2)
Discrimination in Employment
346(46)
Legal Context
346(6)
Fourteenth Amendment
346(1)
Title VII
347(5)
Race and National-Origin Discrimination
352(7)
Hiring and Promotion Practices
359
Adverse Decisions
355(2)
Affirmative Action
357(2)
Gender Discrimination
359(11)
Hiring and Promotion Practices
359(2)
Compensation Practices
361(2)
Termination, Nonrenewal, and Denial of Tenure
363(2)
Pregnancy Discrimination
365(2)
Sexual Harassment
367(2)
Retirement Benefits
369(1)
Sexual Preference Discrimination
370(2)
Access to Benefits
370(1)
Harassment
371(1)
Adverse Employment Decisions
371(1)
Religious Discrimination
372(4)
Hiring and Promotion Practices
372(1)
Accommodation
373(3)
Adverse Employment Decisions
376(1)
Age Discrimination
376(6)
Hiring and Promotion Practices
378(1)
Compensation and Benefits
378(1)
Adverse Employment Actions
379(2)
Retirement
381(1)
Disability Discrimination
382(8)
Qualifying as Disabled
384(2)
Otherwise Qualified
386(1)
Reasonable Accommodation
387(2)
Termination and Nonrenewal
389(1)
Conclusion
390(2)
Termination of Employment
392(44)
Procedural Due Process in General
392(10)
Dismissal
394(1)
Nonrenewal
394(2)
Establishing Protected Property and Liberty Interests
396(6)
Procedural Requirements in Discharge Proceedings
402(10)
Notice
404(2)
Hearing
406(6)
Dismissal for Cause
412(13)
Incompetency
412(1)
Immorality
413(3)
Insubordination
416(2)
Neglect of Duty
418(2)
Unprofessional Conduct
420(1)
Unfitness to Teach
421(1)
Other Good and Just Cause
422(1)
Reduction-in-Force
423(2)
Remedies for Violations of Protected Rights
425(9)
Liability of School Officials
426(2)
Liability of School Districts
428(2)
Remedies
430(4)
Conclusion
434(2)
Labor Relations
436(32)
Employee's Bargaining Rights in the Private and Public Sectors
437(5)
Teacher's Statutory Bargaining Rights
442(2)
Scope of Negotiations
444(8)
Governmental Policy
445(2)
Selected Bargaining Subjects
447(5)
Union Security Provisions
452(7)
Dues and Service Fees
452(4)
Exclusive Privileges
456(3)
Grievances
459(2)
Negotiation Impasse
461(2)
Strike
463(3)
Conclusion
466(2)
Tort Liability
468(29)
Negligence
468(18)
Duty
469(7)
Breach of Duty and Standard of Care
476(3)
Proximate Cause
479(1)
Injury
480(1)
Defenses against Negligence
480(6)
Intentional Torts
486(4)
Assault and Battery
487(1)
False Imprisonment
488(1)
Intentional Infliction of Mental Distress
489(1)
Defamation
490(4)
Private and Public Persons
491(1)
Veracity of Statements
491(1)
Fact versus Opinion
492(1)
Privilege
493(1)
Damages
494(1)
Conclusion
495(2)
Summary of Legal Generalizations
497(8)
Generalizations
497(6)
Conclusion
503(2)
Glossary505(4)
Selected Supreme Court Decisions509(4)
Index513

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