Rent 9780205332489 | School Law and the Public Schools : A Practical Guide for Educational Leaders

Summary Table of Contents

In a concise, convenient paperback format, this book provides contemporary and practical coverage of relevant legal issues that affect educational leaders in the 21st century. This book is written to provide practical knowledge to practicing and prospective educational leaders, students of educational leadership, and policy makers at all educational levels. Legal issues are covered thoroughly yet succinctly, and are discussed in a way that is informative, entertaining, and useful so that the audience can effectively perform professional duties within the boundaries of constitutional, statutory, and case law.

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List of Cases

Preface

xix

About the Author

xxi

Legal Framework Affecting Public Schools

(12)

Sources of Law

(3)

Bill of Rights and the Fourteenth Amendment

(1)

The Federal Constitution

(1)

State Constitution

(1)

Statutes

(1)

Court or Case Law

(1)

School Board Policies

(1)

The U.S. System of Courts

(3)

Federal Courts

(1)

State Courts

(1)

Analysis of an Appellate Court Opinion

(2)

Case (Citation)

(1)

Procedure

(1)

Facts

(1)

Ruling and Justification

(1)

Disposition

(1)

The Supreme Court

(3)

Supreme Court Ritual

(1)

U.S. Supreme Court Decisions

(1)

Administrative Guide: Legal Framework

(1)

Endnotes

(1)

Religion and the Public Schools

(30)

School-Sponsored Prayer

(1)

School-Sponsored Bible Reading

(1)

Silent Prayer and Meditation

(1)

Aid to Parochial Schools

(4)

Religious Symbols

(1)

Religious Displays

(1)

Prayer at School Events

(3)

Student-Led Prayer at Public School Events

(1)

Athletic Contests

(1)

Prayer at Athletic Contests

(1)

Administrative Guide: Prayer, Bible Reading, and Silent Meditation

(1)

Voluntary Prayer at Commencement Exercises

(4)

Landmark Rulings

(1)

Impact of Ruling

(1)

Prayer at School Board Meetings

(1)

Administrative Guide: Prayer at School Events

(1)

Use of School Facilities by Religious Student Groups

(6)

Legal Precedents

(2)

Administrative Guide: Equal Access

(1)

Use of School Facilities by Outside Religious Groups

(2)

Use of School Facilities by Community Groups

(1)

Right to Deny Access

(1)

Administrative Guide: Use of Facilities by Outside Religious Groups

(1)

Religious Activities and Holiday Programs

(6)

Released Time for Religiour Instruction

(1)

Posting Religious Mottos and Expressions

(1)

Distribution of Religious Materials

(1)

Use of Religious Garb by School Personnel

(1)

Administrative Guide: Religious Activities

(1)

Endnotes

(2)

Students, the Law, and Public Schools

(52)

Freedom of Expression

(10)

Administrative Guide: Freedom of Expression

(1)

Protests and Demonstrations

(1)

Administrative Guide: Protests and Demonstrations

(1)

School-Sponsored Newspapers

(2)

Administrative Guide: Student Newspapers

(1)

Nonschool-Sponsored Newspapers

(1)

Administrative Guide: Nonschool-Sponsored Student Publications

(1)

Censorship

(1)

Administrative Guide: Censorship

(1)

School Use of the Internet

(1)

Administrative Guide: Use of the Internet

(1)

Dress and Appearance

(4)

Health and Safety Issues

(1)

Controversial Slogans

(1)

Gang Dress

(1)

School Uniform Dress Policies and Students' Freedom of Expression Rights

(1)

Administrative Guide: Uniforms

(1)

Handling Gang Violence in Schools

(1)

Gang Characteristics and Membership

(1)

Administrative Guide: Gang Violence

(1)

Zero Tolerance and School Safety

(3)

Zero Tolerance

(1)

Recent Zero Tolerance Practices

(1)

Administrative Guide: Zero Tolerance

(1)

Administrative Guide: Dress and Appearance

(1)

School Suspension

(4)

Administrative Guide: Suspension

(1)

Procedural and Substantive Due Process

(3)

Expulsion

(2)

Administrative Guide: Expulsion

(1)

Search and Seizure

(13)

Reasonable Suspicion

(1)

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)

``No Pass, No Play'' Rule

(2)

Administrative Guide: No Pass, No Play

(1)

Use of Pagers and Cellular Phones

(1)

Administrative Guide: Pagers and Cellular Phones

(1)

Corporal Punishment

(7)

Reasonable Punishment

(1)

Minimal Due Process

(1)

Excessive Punishment

(1)

Administrative Guide: Corporal Punishment

(1)

Classroom Harassment

(3)

The Supreme Court's Decision

(1)

A Dissenting Opinion

(1)

Danger Singnals

(1)

The Pivotal Case

(1)

Administrative Guide: Classroom Harassment

(1)

Pregnant Students

(1)

Married Students

(1)

Administrative Guide: Pregnant and Married Students

(1)

Endnotes

(1)

Individuals with Disabilities

(29)

Individuals with Disabilities Education Act of 1990 (IDEA)

(2)

Mandatory Requirements

(2)

National Council on Disability

(10)

Interpretation and Indentification of Children with Disabilities

(1)

Prereferral Intervention

(3)

Individualized Educational Program Requirement

102

(1)

Equal Access to Assistive Technology for Students with Disabilities

102

(1)

Program Review and Changes

103

(1)

Education-Related Service Requirement

103

(1)

Least Restrictive Environment

104

(2)

Inclusion of Children with Disabilities

106

(1)

Length of School Year

107

(1)

Residential Placement

107

(2)

Private School Placement

109

(1)

Discriplining Students with Disabilities

109

(4)

Expulsion

109

(3)

Suspension

112

(1)

Individuals with Disabilities Education Act of 1997

113

(10)

Amendments Regarding Discipline

113

(4)

Administrative Guide: Student Disabilities

117

(1)

Attention Deficit Hyperactivity Disorder and Federal Protection

118

(1)

Correctable Illnesses and ADA

119

(3)

Administrative Guide: Americans with Disabilities

122

(1)

Endnotes

123

(1)

School Personnel and School District Liability

124

(38)

The School as a Safe Place

124

(1)

Limiting Liability for School Violence

125

(5)

Schools as Safe Places

126

(1)

School Violence and Negligence

127

(1)

Emerging Legal Issues

127

(1)

Freedom of Expression: Prohibitions and School Violence

127

(1)

Administrative Guide: School Violence

128

(1)

Legal Challenges Related to School Gangs

129

(1)

Duty of Care and Gang Violence

129

(1)

Administrative Guide: Liability and Gang Violence

130

(1)

Liability of School Personnel

130

(5)

Individual Liability

130

(1)

Vicarious Liability

131

(1)

Foreseeability

131

(1)

Nuisance

132

(2)

Parental Access to School Premises

134

(1)

International Torts

135

(5)

Assault

135

(1)

Battery

135

(1)

Defamation

136

(1)

Libel and Slander

137

(1)

Mental Distress

137

(2)

False Imprisonment

139

(1)

Trespassing on Personal Property

139

(1)

Unintentional Torts

140

(3)

Standard of Care

140

(2)

Breach of Duty

142

(1)

Proximate Cause

142

(1)

Injury

143

(1)

Defenses for Negligence

143

(5)

Contributory Negligence

143

(1)

Assumption of Risk

144

(2)

Comparative Negligence

146

(1)

Immunity

147

(1)

Duties of Supervision

148

(7)

Supervision before School

149

(2)

Supervision during School

151

(1)

Supervision after School

151

(2)

Field Trips

153

(1)

Parental Consent and Written Waivers

154

(1)

Liability Involving Civil Rights Statutes

155

(2)

Administrative Guide: School Liability

155

(2)

Educational Malpractice

157

(1)

Professionalism in Education

157

(1)

School-Based Management

158

(1)

Educational Malpractice Cases

158

(2)

Administrative Guide: Educational Malpractice

160

(1)

Endnotes

160

(2)

Liability and Student Records

162

(15)

Sanctions for Violating Family Privacy Rights

162

(2)

Rights of Parents

164

(1)

Rights of Noncustodial Parents

165

(1)

Rights of Eligible Students

165

(1)

Rights of School Personnel

166

(1)

Enforcement of State or Federal Statutes

166

(2)

Defamation Involving School Personnel

168

(5)

Slander

168

(1)

Libel

168

(1)

Privilege

169

(1)

Good Faith

169

(2)

Acts of Malice

171

(2)

Defenses against Defamation

173

(4)

Privilege

174

(1)

Good Faith

174

(1)

Truth

174

(1)

Administrative Guide: Liability and Student Records

175

(1)

Endnotes

176

(1)

Teacher Freedoms

177

(22)

Substantive and Procedural Considerations

177

(1)

Freedom of Expression

178

(6)

Speech Outside the School Environment

179

(3)

Academic Freedom

182

(2)

Freedom of Association

184

(4)

Membership in Subversive Organizations

186

(1)

Political Rights

187

(1)

Right to Hold Office

187

(1)

Participation in Political Campaigns

188

(1)

Dress and Grooming

188

(4)

Community Norms and Expectations

190

(1)

Unwed Pregnant Teachers

191

(1)

Right to Privacy

192

(4)

Administrative Guide: Teacher Freedoms

195

(1)

Religious Freedoms

196

(1)

Title VII: Religious Discrimination

196

(2)

Administrative Guide: Religious Discrimination

197

(1)

Endnotes

198

(1)

Discrimination in Employment

199

(26)

Title VII: Discrimination

199

(4)

Sexual Discrimination

202

(1)

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

203

(8)

Qualifications for Employment

204

(1)

Scope of Protection: Section 504 and ADA

205

(2)

Gender Discrimination

207

(1)

Racial Discrimination

207

(4)

Affirmative Action: California and Proposition 209

211

(3)

Age Discrimination

212

(2)

Pregnancy and Public School Employment

214

(7)

Administrative Guide: Discrimination

216

(1)

Sexual Harassment

216

(5)

Issues Involving National Origin: Proposition 187

221

(2)

Endnotes

223

(2)

Tenure, Dismissal, and Due Process

225

(30)

Tenure

225

(5)

Acquisition of Tenure

226

(1)

Nonrenewal

227

(1)

Administrative Guide: Tenure

228

(1)

Tenure for Principals

228

(2)

Administrative Guide: Principal Tenure

230

(1)

Dismissal for Cause

230

(17)

Incompetency

230

(2)

Insubordination

232

(2)

Immorality

234

(1)

Homesexuality and Employment

235

(2)

Unprofessional Conduct

237

(2)

Criminal Activity

239

(1)

Sexual Advances toward Students

240

(2)

Administrative Guide: Dismissal

242

(1)

Financial Exigency (Abolition of Positions)

243

(3)

Administrative Guide: Financial Exigency

246

(1)

Good or Just Cause

246

(1)

Administrative Guide: Good or Just Cause

247

(1)

Collective Bargaining

247

(6)

Private Sector versus Public Sector Bargaining

248

(1)

State Involvement

249

(1)

Scope of Collective Bargaining

249

(1)

Impasse and Bargaining

250

(1)

Legal Issues

251

(1)

Workers' Compensation

252

(1)

Administrative Guide: Collective Bargaining

253

(1)

Endnotes

253

(2)

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

255

(4)

Appendix B Summary of Relevant Felevant Federal Statutes

259

(16)

Glossary of Relevant Legal Terms

275

(4)

Index

279

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