Education Law

, by Rossow, Lawrence F.; Stefkovich, Jacqueline A.

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ISBN: 9781594600593 | 1594600597
Cover: Hardcover
Copyright: 7/5/2005

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Supplemental Materials

Table of Cases

Preface

xxv

Acknowledgments

xxvii

Governance of Public Schools

(16)

Sources of the Law

(2)

Constitutions

(1)

Statutes

(1)

Regulations

(1)

Local Board Policy

(1)

Case Law

(1)

Structure of the Law

(1)

Stare Decisis

(1)

The Judicial System

(1)

District Courts

(1)

Courts of Appeals

(1)

The United States Supreme Court

(2)

State Courts

(1)

The Role of the Federal Government in Education

(3)

The Role of State Government in Education

(4)

The Instructional Program

(70)

Control over the Curriculum

(2)

Sources of Authority

(1)

Issues Related to Content

(1)

Controversial Curriculum

(2)

Sex Education/A.I.D.S. Education/Sexual Orientation

(1)

Service Learning

(1)

Competency Testing

(1)

High Stakes Testing

(1)

Testing for Special Education

(1)

Compulsory Education Laws and School Attendance

(1)

Exceptions to Compulsory Attendance

(1)

Home Schooling

(1)

Vouchers and Charter Schools

(1)

Conclusions

(1)

Selected Case Law

(61)

Board of Education, Island Trees Union Free School District No. 26 v. Pico

(36)

Steirer v. Bethlehem Area School District

(11)

Debra P. v. Turlington

(13)

Liability of Educators and School Districts

(62)

Introduction

(1)

Intentional Torts

(1)

Defamation, Libel, and Slander

(1)

Strict Liability

(1)

Unintentional Torts

(4)

Duty

(1)

Standard of Care

(1)

Causation

(1)

Damages

(1)

Defenses to Negligence

(1)

Liability for Third Party Actions

(1)

Civil Rights Torts and Qualified Immunity

(11)

The Fourth Amendment and § 1983 Claims

(2)

The Fourteenth Amendment, Corporal Punishment, and § 1983 Claims

(2)

Sexual Harassment and § 1983 Claims

101

(5)

Educational Malpractice

106

(2)

Conclusions

108

(1)

Selected Case Law

108

(43)

Thomas v. Roberts

109

(4)

Davis v. Monroe County

113

(29)

Peter W. v. San Francisco Unified School District

142

(9)

School Safety and Zero Tolerance

151

(72)

The School Violence Problem and Public Perceptions

151

(1)

National Initiatives and Federal Statutes Relative to Violence in Schools

152

(2)

The U.S. v. Lopez Supreme Court Decision

154

(1)

School Searches and School Violence

155

(3)

Metal Detector Searches

156

(1)

Mass Searches for Safety

157

(1)

School Safety and Liability Issues

158

(3)

State Constitutional and Statutory Claims

159

(1)

Negligence Claims

159

(1)

Claims under § 1983

160

(1)

School Safety and Zero Tolerance

161

(7)

Zero Tolerance Legislation

161

(1)

Zero Tolerance and the Courts

162

(3)

Opposition to Zero Tolerance Policies

165

(3)

Alternative Approaches to Addressing School Violence

168

(2)

Conclusions

170

(1)

Selected Case Law

170

(53)

United States v. Lopez

171

(35)

Seal v. Morgan

206

(17)

Drug and Alcohol Abuse by School Employees and Students

223

(96)

Legal Authority to Control Drug-Related Activities

223

(1)

National Initiatives and Federal Statutes Relative to Drugs in Schools

223

(1)

School Employees and Drug and Alcohol Use

224

(5)

Drug Testing of Teachers

225

(3)

Drug Testing of Other School Employees

228

(1)

Students and Drug and Alcohol Use

229

(7)

Searches of Individual Students for Drugs

229

(1)

Drug Testing of Individual Students

230

(1)

Random or Mass Drug Testing of Students

231

(5)

Zero Tolerance and Drugs

236

(1)

Dealing with Law Enforcement Agencies

237

(4)

Alternatives to Punishment

241

(1)

Conclusions

242

(1)

Selected Case Law

242

(77)

Chandler v. Miller

242

(12)

Knox County Education Association v. Knox County Board of Education

254

(26)

Vernonia School District 471 v. Acton

280

(21)

Board of Education of Independent School District No. 92 of Pottawatomie County, et al., Petitioners, v. Lindsay Earls et al.

301

(18)

Teachers' Rights and Responsibilities

319

(132)

Constitutional Rights of Teachers

319

(3)

Employment Discrimination in Teaching

322

(17)

Race Discrimination

323

(2)

Gender Discrimination

325

(4)

Sexual Harassment

329

(2)

Religious Discrimination

331

(1)

Age Discrimination

332

(7)

Teacher Dismissal

339

(7)

Dismissal of Nontenured Teachers

340

(1)

Dismissal of Tenured Teachers

341

(1)

Constitutional Restrictions in Teacher Dismissals

342

(1)

Applying the Teacher Speech Doctrines: Criticism of Authority

343

(2)

Conditions of Employment

345

(1)

Selected Case Law

346

(105)

Pickering v. Board of Education of Township High School District 205, Will County, Illinois

346

(11)

Mt. Healthy City School District Board of Education v. Doyle

357

(6)

Connick v. Myers

363

(18)

Waters v. Churchill

381

(19)

Meritor Savings Bank, FSB v. Vinson

400

(10)

Ansonia Board of Education v. Philbrook

410

(11)

The Board of Regents of State Colleges v. Roth

421

(14)

Cleveland Board of Education v. Loudermill

435

(16)

Teacher Evaluation

451

(32)

Evaluation and Dismissal

452

(18)

Documentation for Dismissal

454

(1)

Incompetence

455

(4)

Immorality

459

(1)

Drug Possession

459

(1)

Criminal Activity

460

(1)

Unfitness: Bad Language

461

(1)

Drunk Driving

462

(1)

Insubordination

463

(3)

Using Tests to Evaluate Teachers

466

(1)

Test Validity

467

(3)

Teacher Testing as an Impairment of Contract

470

(4)

Substantive Due Process and Tests

474

(1)

Equal Protection and Tests

474

(3)

Job Relatedness and Testing

477

(2)

Availability of Alternative Measures in Testing of Teachers

479

(1)

Discrimination against Teachers with Disabilities and Testing

480

(2)

Age Discrimination in Teacher Testing

482

(1)

Students' Rights and Discipline

483

(168)

Legal Basis for Disciplining Students

483

(2)

Scope of School Administrators' Authority

483

(1)

Grade Reductions As Punishment

484

(1)

Expulsion and Suspension

485

(1)

The Fourteenth Amendment

485

(1)

Short-Term Suspensions

486

(3)

Defining Minimum Due Process---Goss v. Lopez

486

(1)

Notice for Short-Term Suspensions

487

(1)

Hearing Procedures for Short-Term Suspensions

488

(1)

Appealing a Short-Term Suspension

489

(1)

Long-Term Suspensions

489

(1)

Specialty Suspensions

490

(3)

Emergency Suspension

490

(1)

School Bus Suspension

490

(1)

In-School Suspensions

491

(1)

Suspension from Extracurricular Activities

492

(1)

Indefinite Suspensions

493

(1)

Disciplinary Transfers

493

(1)

Related Considerations in Student Removals

494

(1)

Responsibility for Alternative Education

494

(1)

Expulsion or Suspension for Behavior Off School Grounds

495

(3)

Zero Tolerance and Due Process

497

(1)

Concluding Remarks on Student Expulsions and Suspensions

498

(1)

Constitutional Rights

498

(7)

Freedom of Speech and Expression

499

(1)

Lewd/Vulgar Student Speech

499

(1)

School-Sponsored Speech

499

(1)

Applying the Standards

500

(2)

Student Dress Codes versus Uniform Policies

502

(3)

Search and Seizure

505

(6)

Source of Search and Seizure Law

505

(1)

Privacy Rights of Students and New Jersey v. T.L.O.

506

(1)

The Case of T.L.O.

507

(1)

Do Students Have a Right to Privacy?

507

(2)

The Reasonableness Standard

509

(1)

Applying the Reasonableness Standard in T.L.O.

509

(1)

Elaborating on the Two-Pronged Test

510

(1)

Corporal Punishment

511

(5)

State Laws

512

(1)

Constitutional Challenges

512

(3)

Corporal Punishment versus Battery

515

(1)

Corporal Punishment versus Child Abuse

515

(1)

Student Records

516

(10)

Selected Case Law

526

(125)

Goss v. Lopez

526

(17)

Tinker v. Des Moines Independent Community School District

543

(12)

Bethel School District No. 403 v. Fraser

555

(11)

Hazelwood School District v. Kuhlmeier

566

(16)

New Jersey v. T.L.O.

582

(33)

Ingraham v. Wright

615

(27)

Chandler v. McMinnville School District

642

(9)

Special Education

651

(60)

Early Cases

651

(1)

Federal Legislation

652

(8)

Individuals with Disabilities Education Act

653

(3)

Free Appropriate Public Education

656

(1)

Related Services

657

(1)

Discipline of Special Education Students

658

(1)

Americans with Disabilities Act

659

(1)

1997 Statutory Changes in Discipline

660

(1)

Drugs and Weapons Suspensions

660

(1)

Other Disciplinary Removals

661

(1)

Procedural Due Process in Special Education

662

(1)

Selected Case Law

663

(48)

Board of Education of the Hendrick Hudson Central School District, Westchester County v. Rowley

663

(22)

Irving Independent School District v. Tatro

685

(7)

Honig v. Doe

692

(19)

Church/State/Education Relationships

711

(202)

Brief History of the Religion Clause

711

(2)

Relationship between the Free Exercise and the Establishment Clause

713

(1)

The Free-Exercise Clause in Education

714

(11)

The Belief-Conduct Distinction Test

714

(1)

Reynolds v. United States, 98 U.S. 145 (1878)

715

(1)

Balance of Competing Interests Test

716

(1)

Threshold Requirement for the Claimant: A Sincerely Held Religious Belief

716

(1)

Threshold Requirement for the State: Least Restrictive Means

717

(2)

The Modified Balance of Interest Test: Targeting Required

719

(1)

Congress Reacts to Oregon v. Smith: The Religious Freedom Restoration Act

719

(2)

Free Exercise and Home Schooling

721

(2)

Course Requirements and Religious Objections

723

(2)

The Establishment Clause in Education

725

(21)

The Early Cases: Child-Benefit Theory and the Two-Pronged Test

725

(1)

The Teaching of Creationism v. Evolution

726

(1)

The Three-Pronged Lemon Test

727

(1)

Creationism Revisited

728

(1)

The Modified Lemon Test

729

(2)

The Prayer Clubs Cases

731

(1)

The Equal Access Act

732

(3)

Avoiding the Equal Access Act

735

(1)

Post-Mergens, EAA Litigation

736

(1)

Religious Materials in School

736

(2)

The Third Establishment Clause Test: Coercion Analysis

738

(1)

Prayer at School Events

739

(2)

Free Exercise As Speech

741

(2)

Moment of Silence, Meditation or Prayer

743

(1)

Curriculum As an Establishment Clause Issue

744

(1)

School Vouchers and the Establishment Clause

745

(1)

Final Thoughts on Accommodation

746

(1)

Selected Case Law

746

(167)

Wisconsin v. Yoder

747

(21)

Frazee v. Illinois Department of Employment Security

768

(3)

Employment Division, Department of Human Resources of Oregon v. Alfred L. Smith

771

(27)

Lemon v. Kurtzman

798

(18)

Board of Education of the Westside Community Schools v. Mergens

816

(33)

Lee v. Weisman

849

(36)

Santa Fe Independent School District v. Doe

885

(17)

Lamb's Chapel v. Center Moriches Union Free School District

902

(11)

Racial Desegregation

913

(44)

Legal Authority Prohibiting Segregation

913

(1)

Historical Antecedents

914

(2)

The Post-Brown Era and Segregation in the South

916

(5)

Northern Desegregation Efforts

919

(2)

Fashioning Remedies

921

(3)

Busing and Racial Quotas

921

(1)

Grouping and Clustering of Schools

922

(1)

Alteration of Attendance Zones

923

(1)

Metropolitan Remedies

923

(1)

Unitary Status Responsibilities

924

(1)

The Future of Desegregation

924

(2)

Resegregation

925

(1)

Vouchers and Charter Schools

925

(1)

Social Science Data and Desegregation

925

(1)

Conclusions

926

(1)

Selected Case Law

926

(31)

Brown v. Board of Education I

926

(6)

Brown v. Board of Education II

932

(2)

Green v. County School Board of New Kent County

934

(5)

Board of Education of Oklahoma City Public Schools v. Dowell

939

(18)

Affirmative Action in Higher Education

957

(76)

History of Affirmative Action in College Admissions

957

(1)

The University of Michigan Cases

958

(1)

Selected Case Law

959

(74)

Gratz v. Bollinger

959

(30)

Grutter v. Bollinger

989

(44)

Glossary of Terms

1033

(14)

Index

1047

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Education Law

Table of Contents

Supplemental Materials