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

ISBN: 9780205412051 | 020541205X
Edition: 3rd
Format: Paperback
Publisher: Allyn & Bacon
Pub. Date: 1/1/2005

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SummaryTable of Contents
A concise, easy to read, and convenient paperback, this text contains relevant information on historical and contemporary legal issues affecting the organization and administration of schools in the United States. School Law and the Public Schools: A Practical Guide for Educational Leaders, Third Edition, is a must have for educators and policy makers at all levels. This text provides valuable information regarding gangs, school safety, Homeland Security, No Child Left Behind Act, Gun Free School Act, legal aspects of personnel selection, landmark cases involving Affirmative Action and college admissions, homosexuality, Pledge of Allegiance, and much more. Legal issues are covered thoroughly yet succinctly, and are discussed in a way that is informative, entertaining, and useful so the educator or administrator can effectively perform professional duties within the boundaries of constitutional, statutory, and case law.
List of Casesxv
Prefacexxiii
About the Authorxxiv
CHAPTER 1 Legal Framework Affecting Public Schools1(11)
SOURCES OF LAW
... MORE1(4)
Bill of Rights and the Fourteenth Amendment
1(1)
The Federal Constitution
2(1)
State Constitutions
2(1)
Statutes
2(1)
Court or Case Law
3(1)
State Agencies
3(1)
School Board Policies
4(1)
THE U.S. SYSTEM OF COURTS
5(2)
Federal Courts
5(1)
State Courts
6(1)
ANALYSIS OF AN APPELLATE COURT OPINION
7(2)
Case (Citation)
8(1)
Procedure
8(1)
Facts
8(1)
Ruling and Justification
8(1)
Disposition
8(1)
THE SUPREME COURT
9(2)
Supreme Court Ritual
10(1)
U.S. Supreme Court Decisions
10(1)
Administrative Guide: Legal Framework
11(1)
ENDNOTES
11(1)
CHAPTER 2 Religion and the Public Schools12(31)
SCHOOL-SPONSORED PRAYER
13(2)
SCHOOL-SPONSORED BIBLE READING
15(1)
SILENT PRAYER AND MEDITATION
16(1)
AID TO PAROCHIAL SCHOOLS
17(3)
Religious Symbols
19(1)
Religious Displays
19(1)
Ten Commandments
20(1)
PRAYER AT SCHOOL EVENTS
20(3)
Student-Led Prayer at Public School Events
20(1)
Athletic Contests
21(1)
Prayer at Athletic Contests
22(1)
Administrative Guide: Prayer, Bible Reading, and Silent Meditation
23(1)
VOLUNTARY PRAYER AT COMMENCEMENT EXERCISES
23(3)
Landmark Rulings
24(1)
Impact of Ruling
25(1)
Prayer at School Board Meetings
25(1)
Administrative Guide: Prayer at School Events
26(1)
USE OF SCHOOL FACILITIES BY RELIGIOUS STUDENT GROUPS
26(6)
Legal Precedents
27(2)
Administrative Guide: Equal Access
29(1)
Use of School Facilities by Outside Religious Groups
29(2)
Use of School Facilities by Community Groups
31(1)
Right to Deny Access
32(1)
Administrative Guide: Use of Facilities by Outside Religious Groups
32(1)
RELIGIOUS ACTIVITIES AND HOLIDAY PROGRAMS
32(6)
Released Time for Religious Instruction
33(1)
Posting Religious Mottos and Expressions
34(1)
Distribution of Religious Materials
34(2)
Pledge of Allegiance
36(8)
Administrative Guide: Religious Activities
37(1)
CASE STUDIES
38(4)
ENDNOTES
42(1)
CHAPTER 3 Students, the Law, and Public Schools43(39)
FREEDOM OF EXPRESSION
44(8)
Administrative Guide: Freedom of Expression
46(1)
Protests and Demonstrations
47(1)
Administrative Guide: Protests and Demonstrations
47(1)
School-Sponsored Newspapers
47(3)
Administrative Guide: Student Newspapers
49(1)
Nonschool-Sponsored Newspapers
50(1)
Administrative Guide: Nonschool-Sponsored Student Publications
51(1)
Censorship
51(1)
Administrative Guide: Censorship
52(1)
DRESS AND APPEARANCE
52(2)
Administrative Guide: Dress and Appearance
53(1)
Health and Safety Issues
53(1)
Controversial Slogans
54(1)
SEARCH AND SEIZURE
54(9)
Reasonable Suspicion
55(1)
Student Desks
56(1)
Student Lockers
56(1)
Book Bags
57(1)
Automobiles
57(1)
Personal Searches
58(1)
Strip Searches
59(1)
Involvement of Law Enforcement Officials
60(1)
Use of Canines
61(4)
Administrative Guide: Search and Seizure
62(1)
"NO PASS, NO PLAY" RULE
63(1)
Administrative Guide: No Pass, No Play
64(1)
USE OF PAGERS AND CELLULAR PHONES
64(1)
Administrative Guide: Pagers and Cellular Phones
65(1)
CORPORAL PUNISHMENT
65(8)
Reasonable Punishment
70(1)
Minimal Due Process
71(1)
Excessive Punishment
71(2)
Administrative Guide: Corporal Punishment
73(1)
CLASSROOM HARASSMENT
73(3)
The Supreme Court's Decision
73(1)
A Dissenting Opinion
74(1)
Danger Signals
74(1)
The Pivotal Case
75(7)
Administrative Guide: Classroom Harassment
75(1)
PREGNANT STUDENTS
76(1)
MARRIED STUDENTS
77(1)
Administrative Guide: Pregnant and Married Students
77(1)
CASE STUDIES
78(3)
ENDNOTES
81(1)
CHAPTER 4 Due Process and Student Safety82(23)
HOMELAND SECURITY
82(4)
Preparing for National Emergencies
84(2)
HANDLING GANG VIOLENCE IN SCHOOLS
86(2)
Gang Characteristics and Membership
87(1)
Gang Dress
87(2)
Administrative Guide: Gang Violence
88(1)
SCHOOL UNIFORM DRESS POLICIES, SCHOOL SAFETY, AND STUDENTS' FREEDOM OF EXPRESSION RIGHTS
88(1)
Early Legal Challenges
88(1)
Administrative Guide: Uniforms
89(1)
ZERO TOLERANCE AND SCHOOL SAFETY
89(5)
Zero Tolerance
89(4)
Recent Zero Tolerance Practices
93(1)
Administrative Guide: Zero Tolerance
93(1)
SCHOOL SUSPENSION
94(3)
Administrative Guide: Suspension
94(1)
Procedural and Substantive Due Process
95(2)
EXPULSION
97(3)
Administrative Guide: Expulsion
99(1)
METAL DETECTORS
100(1)
Administrative Guide: Metal Detectors
101(1)
DRUG TESTING
101(2)
Administrative Guide: Drug Testing Student Athletes
102(1)
CASE STUDIES
103(1)
ENDNOTES
104(1)
CHAPTER 5 Individuals with Disabilities105(30)
INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 1990 (IDEA)
107(2)
Mandatory Requirements
107(2)
NATIONAL COUNCIL ON DISABILITY
109(11)
Functional Exclusion of Disabled Children
110(1)
Interpretation and Identification of Children with Disabilities
110(1)
Prereferral Intervention
110(2)
Individualized Educational Program Requirement
112(1)
Equal Access to Assistive Technology for Students with Disabilities
112(1)
Program Review and Changes
113(1)
Education-Related Service Requirement
113(1)
Least Restrictive Environment
114(2)
Inclusion of Children with Disabilities
116(1)
Length of School Year
117(1)
Residential Placement
117(2)
Private School Placement
119(1)
DISCIPLINING STUDENTS WITH DISABILITIES
120(4)
Expulsion
120(2)
Suspension
122(2)
INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 1997
124(9)
Amendments Regarding Discipline
124(4)
Administrative Guide: Student Disabilities
128(1)
Attention Deficit Hyperactivity Disorder and Federal Protection
128(1)
Correctable messes and ADA
129(7)
Administrative Guide: Americans with Disabilities
132(1)
CASE STUDIES
133(1)
ENDNOTES
134(1)
CHAPTER 6 School Personnel and School District Liability135(33)
THE SCHOOL AS A SAFE PLACE
135(1)
LIMITING LIABILITY FOR SCHOOL VIOLENCE
136(5)
Schools as Safe Places
137(1)
School Violence and Negligence
137(1)
Emerging Legal Issues
137(1)
Freedom of Expression: Prohibitions and School Violence
138(1)
Administrative Guide: School Violence
139(1)
Legal Challenges Related to School Gangs
139(1)
Duty of Care and Gang Violence
140(1)
Administrative Guide: Liability and Gang Violence
140(1)
LIABILITY OF SCHOOL PERSONNEL
141(4)
Individual Liability
141(1)
Vicarious Liability
141(1)
Foreseeability
142(1)
Nuisance
142(2)
Parental Access to School Premises
144(1)
INTENTIONAL TORTS
145(4)
Assault
145(1)
Battery
145(1)
Defamation
146(1)
Libel and Slander
147(1)
Mental Distress
147(1)
False Imprisonment
148(1)
Trespassing on Personal Property
148(1)
UNINTENTIONAL TORTS
149(3)
Standard of Care
150(1)
Breach of Duty
151(1)
Proximate Cause
151(1)
Injury
152(1)
DEFENSES FOR NEGLIGENCE
152(5)
Contributory Negligence
152(1)
Assumption of Risk
153(1)
Comparative Negligence
154(2)
Immunity
156(1)
DUTIES OF SUPERVISION
157(5)
Supervision Before School
157(2)
Supervision During School
159(1)
Supervision After School
159(2)
Field Trips
161(1)
Parental Consent and Written Waivers
162(1)
LIABILITY INVOLVING CIVIL RIGHTS STATUTES
162(2)
Administrative Guide: School Liability
163(1)
CASE STUDIES
164(3)
ENDNOTES
167(1)
CHAPTER 7 Liability and Student Records168(19)
SANCTIONS FOR VIOLATING FAMILY PRIVACY RIGHTS
168(2)
RIGHTS OF PARENTS
170(1)
RIGHTS OF NONCUSTODIAL PARENTS
171(1)
RIGHTS OF ELIGIBLE STUDENTS
171(1)
RIGHTS OF SCHOOL PERSONNEL
171(1)
ENFORCEMENT OF STATE OR FEDERAL STATUTES
172(1)
FAMILY EDUCATION RIGHTS AND PRIVACY ACT
172(2)
Recent U.S. Supreme Court Rulings
172(1)
U.S. Court of Appeals for the Sixth Circuit Rulings
172(2)
NO CHILD LEFT BEHIND ACT OF 2001
174(3)
Annual Notification Requirements
174(1)
Transfer of School Disciplinary Records
174(1)
Armed Forces Recruiter Access
175(1)
Student Privacy and Physical Exams
175(1)
U.S. Department of Education Surveys
175(1)
Surveys Funded by Other Sources
176(1)
DEFAMATION INVOLVING SCHOOL PERSONNEL
177(5)
Slander
178(1)
Libel
178(1)
Privilege
179(1)
Good Faith
179(1)
Acts of Malice
180(2)
DEFENSES AGAINST DEFAMATION
182(2)
Privilege
183(1)
Good Faith
183(1)
Truth
183(5)
Administrative Guide: Liability and Student Records
184(1)
CASE STUDIES
184(2)
ENDNOTES
186(1)
CHAPTER 8 Teacher Freedoms187(27)
SUBSTANTIVE AND PROCEDURAL CONSIDERATIONS
187(1)
FREEDOM OF EXPRESSION
188(7)
Speech Outside the School Environment
188(3)
Academic Freedom
191(4)
FREEDOM OF ASSOCIATION
195(3)
Membership in Subversive Organizations
196(1)
Political Rights
197(1)
Right to Hold Office
197(1)
Participation in Political Campaigns
198(1)
DRESS AND GROOMING
198(4)
Community Norms and Expectations
200(1)
Unwed Pregnant Teachers
201(1)
RIGHT TO PRIVACY
202(3)
Administrative Guide: Teacher Freedoms
204(1)
RELIGIOUS FREEDOMS
205(4)
Religious Rights of Teachers in the School Environment
205(3)
Use of Religious Garb by School Personnel
208(1)
TITLE VII: RELIGIOUS DISCRIMINATION
209(1)
Administrative Guide: Religious Discrimination
210(1)
CASE STUDIES
210(2)
ENDNOTES
212(2)
CHAPTER 9 Discrimination in Employment214(29)
TITLE VII: DISCRIMINATION
214(4)
Sexual Discrimination
217(1)
THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT OF 1990
218(8)
Qualifications for Employment
219(1)
Scope of Protection: Section 504 and ADA
220(1)
Gender Discrimination
221(1)
Racial Discrimination
222(3)
Religious Discrimination
225(1)
AFFIRMATIVE ACTION: CALIFORNIA AND PROPOSITION 209
226(7)
Landmark U.S. Supreme Court Rulings
228(2)
Age Discrimination
230(3)
PREGNANCY AND PUBLIC SCHOOL EMPLOYMENT
233(5)
Administrative Guide: Discrimination
234(1)
Sexual Harassment
234(4)
ISSUES INVOLVING NATIONAL ORIGIN: PROPOSITION 187
238(1)
CASE STUDIES
239(2)
ENDNOTES
241(2)
CHAPTER 10 Recruitment, Tenure, Dismissal, and Due Process243(36)
RECRUITMENT OF PERSONNEL
243(2)
The Employment Interview
243(1)
Hiring Discrimination
244(1)
TENURE
245(6)
Acquisition of Tenure
246(2)
Nonrenewal
248(2)
Administrative Guide: Tenure
249(1)
Tenure for Principals
250(1)
Administrative Guide: Principal Tenure
251(1)
DISMISSAL FOR CAUSE
251(18)
Incompetency
252(1)
Insubordination
253(2)
Immorality
255(1)
Homosexuality and Employment
255(4)
Conduct Involving Morality
259(2)
Criminal Activity
261(1)
Sexual Advances Toward Students
262(3)
Administrative Guide: Dismissal
265(1)
Financial Exigency (Abolition of Positions)
265(3)
Administrative Guide: Financial Exigency
268(1)
Good or Just Cause
268(1)
Administrative Guide: Good or Just Cause
269(1)
COLLECTIVE BARGAINING
269(5)
Private Sector versus Public Sector Bargaining
270(1)
State Involvement
270(1)
Scope of Collective Bargaining
271(1)
Impasse and Bargaining
272(1)
Legal Issues
272(1)
Workers' Compensation
273(7)
Administrative Guide: Collective Bargaining
274(1)
CASE STUDIES
274(3)
ENDNOTES
277(2)
CHAPTER 11 The Instructional Program279(29)
CONTROL OF PUBLIC SCHOOLS
279(1)
COMPULSORY ATTENDANCE
280(3)
Compulsory Attendance Exceptions
281(1)
Home Schools
281(2)
HEALTH REQUIREMENTS
283(1)
RESIDENCE
284(1)
CURRICULUM STANDARDS
285(2)
NO CHILD LEFT BEHIND ACT OF 2001
287(3)
Increased Accountability
287(1)
More Choices for Parents and Students
287(1)
Greater Flexibility for States, School Districts, and Schools
288(1)
Summary and Implications
288(2)
USE OF THE INTERNET FOR INSTRUCTION
290(4)
School Officials' Responsibility
290(1)
Children's Internet Protection Act
290(2)
School or District Responsibility
292(1)
Teacher's Responsibility
293(1)
Parent's Responsibility
293(1)
Administrative Guide: Use of the Internet
293(1)
GRADING AND ACADEMIC REQUIREMENTS
294(7)
Student Testing
294(3)
Grade Reductions for Absences
297(1)
Grade Reduction for Unexcused Absences
297(2)
Grade Reduction for Academic Misconduct
299(1)
Physical Punishment for Poor Academic Performance
299(1)
Withholding Diplomas
300(1)
EDUCATIONAL MALPRACTICE
301(4)
Professionalism in Education
301(1)
School-Based Management
302(1)
Educational Malpractice Cases
302(7)
Administrative Guide-Educational Malpractice
304(1)
Administrative Guide-Instructional Program
305(1)
CASE STUDIES
305(1)
ENDNOTES
306(2)
CHAPTER 12 School Desegregation308(16)
DE JURE SEGREGATION
308(1)
BROWN II IMPLEMENTATION
309(3)
Racial Balances or Racial Quotas
310(1)
One-Race Schools
311(1)
Remedial Altering of Attendance Zones
311(1)
Transportation of Students
311(1)
FREE TRANSFER AND FREEDOM OF CHOICE PROGRAM
312(3)
De Jure Segregation
313(1)
De Facto Segregation
314(1)
THE CIVIL RIGHTS ACT OF 1964
315(1)
INTRA-DISTRICT SEGREGATION
316(5)
Attendance Zones
316(1)
Busing
317(1)
Faculty Desegregation
318(1)
Seeking Unitary Status
319(2)
Administrative Guide: De Jure Segregation
321(1)
CASE STUDIES
321(2)
ENDNOTES
323(1)
APPENDIX A THE CONSTITUTION OF THE UNITED STATES: PROVISIONS AND AMENDMENTS AFFECTING EDUCATION324(5)
APPENDIX B SUMMARY OF RELEVANT FEDERAL STATUTES329(18)
Glossary of Relevant Legal Terms347(4)
Index351

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