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School Law and the Public Schools: A Practical Guide for Educational Leaders

by: Essex, Nathan L.

School Law and the Public Schools: A Practical Guide for Educational Leaders

by: Essex, Nathan L.

ISBN 13:
9780205273591
ISBN 10:
0205273599
Format: Hardcover
Copyright: 01/01/1999
Publisher: Prentice Hall
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Summary

This book includes comprehensive and practical coverage of the relevant legal issues that affect the organization and administration of public schools, using minimal legal jargon, and timely court case studies. Includes a comprehensive bibliography of cases and references and a glossary of relevant terms.

List of Cases

xiii

(4)

Preface

xvii

(2)

Acknowledgments

xix

(2)

About the Author

xxi

1 Religion and the Public Schools

(22)

School-Sponsored Prayer

(2)

School-Sponsored Bible Reading

(1)

Silent Prayer and Meditation

(1)

Prayer at School Events

(1)

Athletic Contests

(1)

Administrative Guide Prayer, Bible Reading, and Silent Meditation

(1)

Voluntary Prayer at Commencement Exercises

(3)

Landmark Rulings

(1)

Impact of Recent Ruling

(1)

Administrative Guide Voluntary Prayer

(1)

Use of School Facilities by Religious Student Groups

(3)

Legal Precedents

(2)

Administrative Guide Equal Access

(1)

Religious Activities and Holiday Programs

(1)

Released Time for Religious Instruction

(1)

Aid to Parochial Schools

(6)

Religious Symbols

(1)

Religious Displays

(1)

Distribution of Religious Materials

(2)

Use of Religious Garb by School Personnel

(1)

Administrative Guide Religious Activities

(1)

Endnotes

(2)

2 Students, the Law, and Public Schools

(47)

Freedom of Expression

(2)

Administrative Guide Freedom of Expression

(1)

Protests and Demonstrations

(1)

Administrative Guide Protests and Demonstrations

(1)

School-Sponsored Newspapers

(3)

Administrative Guide Student Newspapers

(1)

Nonschool-Sponsored Newspapers

(2)

Administrative Guide Nonschool-Sponsored Student Publications

(1)

Censorship

(1)

Administrative Guide Censorship

(1)

Dress and Appearance

(5)

Health and Safety Issues

(1)

Community Norms and Expectations

(1)

Gangs and Dress

(1)

Controversial Slogans

(1)

Administrative Guide Dress and Appearance

(1)

Search and Seizure

(11)

Reasonable Suspicion

(2)

Student Desks

(1)

Student Lockers

(1)

Book Bags

(1)

Automobiles

(1)

Personal Searches

(1)

Strip Searches

(1)

Involvement of Law Enforcement Officials

(1)

Use of Canines

(1)

Metal Detectors

(1)

Administrative Guide Search and Seizure

(1)

Drug Testing

(1)

Administrative Guide Drug Testing Student Athletes

(1)

Use of Pagers and Cellular Phones

(3)

Administrative Guide Pagers and Cellular Phones

(2)

Corporal Punishment

(9)

Reasonable Punishment

(1)

Minimal Due Process

(1)

Excessive Punishment

(1)

Administrative Guide Corporal Punishment

(1)

School Suspension

(4)

Administrative Guide Suspension

(1)

Procedural and Substantive Due Process

(3)

Expulsion

(2)

Administrative Guide Expulsion

(1)

Pregnant Students

(1)

Married Students

(1)

Administrative Guide Pregnant and Married Students

(1)

Endnotes

(2)

3 Individuals with Disabilities

(24)

Individuals with Disabilities Education Act of 1990 (IDEA)

(8)

Mandatory Requirements

(1)

Interpretation and Identification of Children with Disabilities

(1)

Prereferral Intervention

(1)

Individualized Educational Program Requirement

(1)

Program Review and Changes

(1)

Education-Related Service Requirement

(1)

Least Restrictive Environment

(1)

Inclusion of Children with Disabilities

(1)

Length of School Year

(1)

Disciplining Students with Disabilities

(4)

Expulsion

(3)

Suspension

(1)

Individuals with Disabilities Education Act of 1997

(5)

Amendments Regarding Discipline

(4)

Administrative Guide Student Disabilities

(1)

The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990

(4)

Qualifications for Employment

(1)

Scope of Protection; Section 504 and ADA

(1)

Administrative Guide Americans with Disabilities

(1)

Endnotes

(1)

4 School Personnel and School District Liability

(33)

The School as a Safe Place

(1)

Liability of School Personnel

(4)

Vicarious Liability

(1)

Foreseeability

(1)

Nuisance

(3)

Parental Access to School Premises

(1)

Intentional Torts

(5)

Assault

100

(1)

Battery

100

(1)

Defamation

101

(1)

Libel and Slander

102

(1)

Mental Distress

102

(1)

False Imprisonment

103

(1)

Trespassing on Personal Property

104

(1)

Unintentional Torts

104

(4)

Standard of Care

105

(1)

Breach of Duty

106

(1)

Proximate Cause

107

(1)

Injury

107

(1)

Defenses for Negligence

108

(5)

Contributory Negligence

108

(1)

Assumption of Risk

109

(2)

Comparative Negligence

111

(1)

Immunity

112

(1)

Duties of Supervision

113

(7)

Supervision before School

113

(3)

Supervision during School

116

(1)

Supervision after School

116

(2)

Field Trips

118

(1)

Parental Consent and Written Waivers

119

(1)

Liability Involving Civil Rights Statutes

120

(2)

Administrative Guide Liability

120

(2)

Educational Malpractice

122

(1)

Professionalism in Education

122

(1)

School-Based Management

123

(1)

Educational Malpractice Cases

123

(2)

Administrative Guide Educational Malpractice

125

(1)

Endnotes

125

(2)

5 Liability and Student Records

127

(11)

Rights of Parents

128

(1)

Rights of Eligible Students

129

(1)

Rights of School Personnel

129

(1)

Enforcement of State or Federal Statutes

130

(1)

Defamation Involving School Personnel

130

(4)

Slander

130

(1)

Libel

131

(1)

Privilege

131

(1)

Good Faith

132

(1)

Acts of Malice

133

(1)

Defenses against Defamation

134

(2)

Privilege

135

(1)

Good Faith

135

(1)

Truth

135

(1)

Administrative Guide Liability and Student Records

136

(1)

Endnotes

136

(2)

6 Teacher Freedoms

138

(18)

Substantive and Procedural Considerations

138

(1)

Freedom of Expression

139

(5)

Speech Outside the School Environment

140

(2)

Academic Freedom

142

(2)

Freedom of Association

144

(3)

Membership in Subversive Organizations

146

(1)

Dress and Grooming

147

(2)

Right to Privacy

149

(3)

Administrative Guide Teacher Freedoms

152

(1)

Religious Freedoms

152

(1)

Title VII: Religious Discrimination

153

(2)

Administrative Guide Religious Discrimination

154

(1)

Endnotes

155

(1)

7 Discrimination in Employment

156

(23)

Title VII: Discrimination

156

(8)

Sexual Discrimination

159

(2)

Racial Discrimination

161

(3)

Affirmative Action: California and Proposition 209

164

(4)

Age Discrimination

166

(2)

Pregnancy and Public School Employment

168

(8)

Administrative Guide Discrimination

169

(1)

Sexual Harassment

170

(5)

Administrative Guide Harassment

175

(1)

Issues Involving National Origin: Proposition 187

176

(1)

Endnotes

177

(2)

8 Tenure, Dismissal, and Due Process

179

(24)

Tenure

179

(3)

Acquisition of Tenure

180

(1)

Nonrenewal

181

(1)

Administrative Guide Tenure

182

(1)

Dismissal for Cause

182

(15)

Incompetency

182

(1)

Insubordination

183

(1)

Immorality

184

(1)

Homosexuality and Employment

185

(3)

Unprofessional Conduct

188

(1)

Criminal Activity

189

(2)

Sexual Advances toward Students

191

(2)

Administrative Guide Dismissal

193

(1)

Financial Exigency (Abolition of Positions)

193

(2)

Administrative Guide Financial Exigency

195

(1)

Good or Just Cause

196

(1)

Administrative Guide Good or Just Cause

197

(1)

Collective Bargaining

197

(4)

Private Sector versus Public Sector Bargaining

198

(1)

State Involvement

198

(1)

Impasse and Bargaining

199

(1)

Legal Issues

199

(2)

Administrative Guide Collective Bargaining

201

(1)

Endnotes

201

(2)

Appendix A The Constitution of the United States: Provisions and Amendments Affecting Education

203

(4)

Appendix B Summary of Relevant Federal Statutes

207

(16)

Glossary of Relevant Legal Terms

223

(4)

Index

227

Amazon no longer offers textbook rentals. We do!

School Law and the Public Schools: A Practical Guide for Educational Leaders

School Law and the Public Schools: A Practical Guide for Educational Leaders

9780205273591

0205273599

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

School Law and the Public Schools: A Practical Guide for Educational Leaders

School Law and the Public Schools: A Practical Guide for Educational Leaders

9780205273591

0205273599

Summary

Table of Contents

Supplemental Materials

Write a Review

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