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School Law : Cases and Concepts

ISBN: 9780205342846 | 0205342841
Edition: 7th
Format: Hardcover
Publisher: Allyn & Bacon
Pub. Date: 1/1/2002

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SummaryTable of Contents
School Law: Cases and Concepts is written for educators and others with little background in school law. It focuses on an understanding of legal rationale and principles that inform practice.. Clearly and interestingly written, this book examines the laws educators need to know to operate in a legally defensible and educationally sound manner. In addition to providing historical perspective, this new edition examines policies and litigation pertaining to church and state issues, legal rights and restrictions applicable to students and teachers,... MORE
Table of Cases
xiii
Prefacexxiii
A Note to Users of This Textxxvii
Educational Governance: Sources of Law and the Courts
... MORE1(18)
Sources of Law
3(11)
Federal Level
3(1)
Constitution and Amendments
3(1)
Historical Perspective
3(2)
Due Process and Equal Protection
5(1)
Due Process
6(2)
Equal Protection
8(1)
Statutes
9(1)
Case Law
10(1)
Executive Orders and Attorney General Opinions
11(1)
State Level
11(1)
State Constitutions
11(1)
State Statutes
12(1)
Case Law
12(1)
State Board of Education, Chief State School Officer, and State Department of Education
13(1)
Attorney General Opinions
13(1)
Local Level
14(1)
The American Judicial System
14(5)
State Court Systems
15(1)
Federal Court System
16(1)
District Courts
16(1)
Courts of Appeals
16(1)
Supreme Court
16(3)
Schools and the State
19(76)
Compulsory Attendance
19(10)
Satisfied by Parochial, Private, or Home School Attendance
19(1)
Pierce v. Society of Sisters
20(2)
Notes and Questions
22(2)
Regulation of Nonpublic Schools
24(1)
Home Instruction
25(3)
Admission Issues
28(1)
Religion in the Schools
29(45)
School-Sponsored Prayer and Bible Reading
29(1)
Recitation of a State Prayer
30(1)
Engel v. Vitale
30(5)
Prayer and Bible Reading
35(1)
School District of Abington Township v. Schempp and Murray v. Curlett
35(3)
Notes and Questions
38(6)
Prayers at Graduation Exercises and other Public School-Sponsored Activities
44(1)
Prayer at Graduation Exercises
44(1)
Lee v. Weisman
44(10)
Notes and Questions
54(2)
Prayer at Other Public School Activities
56(2)
Equal Access
58(3)
The Teaching of Evolution
61(1)
Edwards v. Aguillard
61(4)
Notes
65(1)
Textbooks
66(2)
Distribution of Religious Literature
68(1)
Released and Shared Time and Religious Instruction
69(1)
Religious Holidays
70(1)
Suggested Guidelines Regarding Religion in the Public Schools
71(3)
Use of Facilities
74(8)
Lamb's Chapel v. Center Moriches Union Free School District
75(4)
Notes and Questions
79(3)
Aid to Nonpublic Schools
82(4)
School Fees
86(4)
Hartzell v. Connell
86(3)
Notes and Questions
89(1)
Health Services
90(5)
Immunization
90(1)
Berg v. Glen Cove City School District
90(2)
Notes
92(1)
Distribution of Condoms
93(2)
Students and the Law
95(81)
Freedom of Expression
96(24)
The Tinker Doctrine
96(1)
Tinker v. Des Moines Independent Community School District
96(7)
Notes
103(2)
Limiting the Tinker Doctrine
105(1)
Nonpolitical Speech
105(1)
Bethel School District No. 403 v. Fraser
105(5)
Notes
110(1)
School-Sponsored Expressive Activities
110(1)
Hazelwood School District v. Kuhlmeier
111(4)
Notes and Questions
115(2)
Participation in Patriotic Exercises
117(1)
Sherman v. Community School District 21
117(1)
Notes and Questions
118(2)
Suspension, Expulsion, and Disciplinary Transfer
120(17)
Suspension
120(1)
Goss v. Lopez
120(7)
Notes and Questions
127(1)
Expulsion
128(1)
Public School Expulsion
128(1)
Gonzales v. McEuen
128(3)
Notes and Questions
131(2)
Private School Expulsion
133(1)
Allen v. Casper
134(2)
Note
136(1)
Disciplinary Transfer
137(1)
Corporal Punishment
137(6)
Ingraham v. Wright
138(4)
Notes and Questions
142(1)
Search of Students and Lockers
143(12)
Student Search
145(1)
New Jersey v. T.L.O.
145(5)
Notes and Questions
150(1)
Search for Drugs and Weapons
150(2)
Intrusive Search
152(2)
Locker Search
154(1)
Student Appearance
155(7)
Dress
156(2)
Uniforms
158(2)
Grooming
160(2)
Pregnancy, Parenthood, and Marriage
162(1)
Participation in Extracurricular Activities
163(10)
Legal Status of Extracurricular Activities
164(1)
Palmer v. Merluzzi
164(3)
Notes and Questions
167(1)
Athletics
168(1)
Married Students
169(1)
Beeson v. Kiowa County School District RE-1
169(2)
Notes and Questions
171(1)
Gender Equity
171(2)
School Punishment for Out-of-School Offenses
173(3)
Teachers and the Law
176(93)
Nonrenewal and Dismissal
176(7)
Board of Regents of State Colleges v. Roth
177(4)
Notes and Questions
181(2)
Freedom of Expression
183(11)
Tenured Teacher's Public Expression
184(1)
Pickering v. Board of Education of Township High School District 205
184(4)
Notes
188(2)
Nontenured Teacher's Freedom of Expression
190(1)
Mt. Healthy City School District Board of Education v. Doyle
190(4)
Notes
194(1)
Academic Freedom
194(15)
Appropriate Material
195(1)
Fowler v. Board of Education of Lincoln County
195(4)
Notes and Questions
199(5)
Political Speakers
204(1)
Wilson v. Chancellor
204(5)
Questions
209(1)
Drug Testing
209(2)
Personal Appearance
211(4)
East Hartford Education Association v. Board of Education of Town of East Hartford
211(4)
Notes and Questions
215(1)
Teacher as Exemplar
215(25)
Homosexual Teacher
216(1)
Gaylord v. Tacoma School District No. 10
217(7)
Notes and Questions
224(3)
Adulterous Teacher
227(1)
Erb v. Iowa State Board of Public Instruction
227(4)
Note
231(1)
Criminal Activities
231(1)
Gillett v. Unified School District No. 276
231(4)
Notes
235(1)
Impropriety with Students
236(1)
Barcheski v. Board of Education of Grand Rapids Public Schools
236(4)
Notes
240(1)
Employment Discrimination
240(19)
Racial Discrimination
242(3)
Sex Discrimination
245(1)
Marshall v. Kirkland
246(3)
Notes
249(1)
Pregnancy
250(1)
Eckmann v. Board of Education of Hawthorn School District
251(3)
Notes and Questions
254(2)
Religious Discrimination
256(1)
Age Discrimination
257(2)
Teacher Bargaining
259(7)
Lehnert v. Ferris Faculty Association
260(5)
Notes
265(1)
Political Activities
266(3)
School Desegregation
269(36)
Historical Perspective
270(16)
Separate but Equal Doctrine
270(1)
Plessy v. Ferguson
270(8)
Notes and Questions
278(1)
De Jure Public School Segregation Unconstitutional (Brown I)
279(1)
Brown v. Board of Education of Topeka
279(4)
Notes and Questions
283(1)
Implementation (Brown II)
283(1)
Brown v. Board of Education of Topeka
284(1)
Notes and Questions
285(1)
Early Desegregation in the South
286(1)
Desegregation in the Non-South
287(9)
Intentional Segregative Action
288(1)
Interdistrict Integration
289(1)
Sheff v. O'Neill
290(6)
Current Desegregation Issues
296(6)
Release from Court Order
296(3)
Race-Related Placement
299(1)
Magnet Schools
299(2)
Weighted Lottery
301(1)
Epilogue
302(3)
Individuals with Disabilities and the Law
305(41)
The Individuals with Disabilities Education Act
307(25)
Eligibility
307(1)
Identification and Evaluation of Students
308(1)
Substantive Educational Rights
309(1)
Board of Education of the Hendrick Hudson Central School District v. Rowley
309(6)
Notes and Questions
315(1)
Individualized Education Programs
316(1)
Appropriate Placements
316(3)
Related Services
319(1)
Procedural Protections
320(2)
Discipline
322(6)
Summary
328(1)
Transition Services
329(1)
Graduation and Competency Exams
330(1)
Cost Issues
330(1)
Notes and Questions
331(1)
Section 504 of the Rehabilitation Act
332(13)
Students and Section 504
333(2)
Thomas v. Atascadero Unified School District
335(4)
Notes
339(1)
Grube v. Bethlehem Area School District
340(3)
Note
343(1)
Employees and Section 504
343(2)
The Americans with Disabilities Act
345(1)
School Finance and School Choice Issues
346(37)
School Finance Reform
346(24)
Background
346(2)
Early Decisions
348(1)
Fiscal Neutrality
348(1)
Rodriguez
349(1)
San Antonio Independent School District v. Rodriguez
350(9)
Notes and Questions
359(1)
Post-Rodriguez Litigation
359(1)
Decisions Upholding State Finance Provisions
360(1)
Decisions Effecting Reform
361(1)
Rose v. Council for Better Education
362(7)
Notes
369(1)
Choice
370(13)
Choice Plans
370(1)
Public School Inter-and Intradistrict Open Enrollment
370(1)
Interdistrict Specialized Schools and Plans
371(1)
Voucher Plan
371(4)
Charter Schools
375(1)
Private Contractors
376(1)
Tuition Tax Credits
376(1)
Legal Implications
377(2)
Listing of Selected Schools Finance-Related Cases
379(4)
Educator and School District Liability
383(32)
School District Immunity
383(22)
Liability under State Law
383(2)
Liability under Federal Law
385(1)
Liability under 42 U.S.C. § 1983
385(1)
Wood v. Strickland
385(5)
Notes and Questions
390(1)
Carey v. Piphus
391(4)
Damages under Title IX
395(1)
Teacher-to-Student Harassment
395(1)
Gebser v. Lago vista Independent School District
395(4)
Notes
399(1)
Student-to-Student Harassment
400(1)
Davis v. Monroe County Board of Education
400(5)
Question
405(1)
Educator Liability
405(3)
Intentional Torts
405(1)
Negligence
406(1)
Duty of Care
406(1)
Standard of Care
406(1)
Proximate Cause
407(1)
Actual Loss or Injury
407(1)
Defenses for Negligence
407(1)
Duties of Supervision
408(4)
Before and after School
408(2)
During School Hours
410(1)
Off-Campus Activities
411(1)
Parental Consent
412(1)
Malpractice
412(2)
Insurance
414(1)
Questions
414(1)
APPENDIX A-Analyzing a Court Decision415(3)
APPENDIX B-An Introduction to Research in School Law418(11)
APPENDIX C-The Constitution of the United States of America-Edited429(6)
APPENDIX D-Statutory Material435(12)
Title VII of the Civil Rights Act of 1964-P.L. 88-352
435(2)
Pregnancy Discrimination Act of 1978-P.L. 95-555
437(1)
Age Discrimination in Employment Act of 1967-P.L. 90-202
438(1)
Age Discrimination in Employment Act Amendments of 1978-P.L. 95-256
439(1)
Age Discrimination in Employment Act Amendments of 1986-P.L. 99-592
439(1)
Title IX of the Education Amendments of 1972-P.L. 92-318
440(1)
Section 504 of the Rehabilitation Act of 1973-P.L. 93-112
441(1)
Family Educational Rights and Privacy Act of 1974-P.L. 93-380
441(2)
Equal Access Act of 1984-P.L. 98-377
443(2)
Civil Rights-42 U.S.C. §1981-1983
445(2)
Glossary447(6)
Index453

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