Law in the Schools

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ISBN: 9780675203999 | 0675203996
Cover: Hardcover
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This unique book provides readers with information that will enable them to recognize and address potential legal problems, empower them to make informed judgments and decisions, and alert them when legal counsel should be sought. It thoroughly covers the legal principles governing American schools and discusses the origin and development of laws concerning schools. Updated to reflect the latest new statutes and Supreme Court decisions, this edition will intensify the reader's appreciation of how law results from the relations of educational policy and legal principles. Topics covered in the book are backed by concrete case examples and brief case excerpts that illustrate and reinforce several points discussed in the text. Topics include: education under the American Legal System, public schools, tort liability, rights, discrimination, private education, and more. Suitable as a quick-reference book for school administrators and readers wanting to learn more about school law.

Selected Provisions--Constitution of the United States	p. i
Education Under the American Legal System: an Overview	p. 2
The Relation of Law, Politics, and Education	p. 4
The Legal Interests of Participant Parties	p. 4
Law Sources in the American Legal System	p. 6
Constitutions	p. 7
Statutes--The Role of Legislatures	p. 7
Administrative Law--The Role of Administrators	p. 9
Judicial Decisions--The Role of Courts	p. 15
Cases
Mullen v. Board of School Directors of DuBois Area School District, 259 A.2d 877 (Pa. 1969)	p. 22
Conover v. Board of Education of Nebo School District, 267 P.2d 768 (Utah 1954)	p. 24
Endnotes	p. 26
The Law Governing Public Education	p. 31
Traditional and Emerging Forms of Public Education	p. 32
Attendance and Admission	p. 32
Attendance under Compulsory Education Laws	p. 32
Admission Standards	p. 33
School Assignments	p. 35
Studies Program	p. 35
Curriculum	p. 35
Extracurricular Activities	p. 38
Placement, Grading, Promotion, Graduation	p. 39
Special Education	p. 40
Student Transportation	p. 40
State and Local Regulations	p. 41
Cases
Board of Education v. Pico, 457 U.S. 853 (1982)	p. 43
Endnotes	p. 48
Religion and Public Education	p. 54
Constitutional Constraints	p. 56
The First and Fourteenth Amendments	p. 56
State Constitutional Constraints	p. 59
Religion-Related Controversies	p. 60
School Prayer	p. 60
Religion-Related Excusals	p. 61
Religion-Related Displays and Commemorations	p. 62
Religion-Related Studies and Activities	p. 63
School Conduct Requirements	p. 65
Services to Church-School Students	p. 65
School-Church Dealings	p. 66
Cases
Capitol Square Review and Advisory Board v. Pinette, 115 S.Ct. 2440 (1995)	p. 68
Rosenberger v. Rector and Visitors of the University of Virginia, 115 S.Ct. 2510 (1995)	p. 70
Lee v. Weisman, 505 U.S. 577 (1992)	p. 71
Endnotes	p. 75
Employment Rights and Obligations of Professional Employees	p. 80
Employment Prerequisites	p. 82
Certification	p. 82
Personal Requirements	p. 83
Employment Rights and Duties	p. 85
Legislative and Contract Status	p. 85
Probationary Teachers	p. 89
Tenured Teachers	p. 90
Suspension and Termination of Employment	p. 92
Resignation and Abandonment	p. 92
Nonrenewal of Probationer Contracts	p. 93
Reductions in Force (RIF)	p. 93
Discharge for Cause	p. 96
Remedies for Wrongful Discharge	p. 100
Collective Bargaining	p. 101
History and Forms of Collective Bargaining	p. 101
Union Representation	p. 102
Scope of Statutory Bargaining	p. 103
Dispute Resolution	p. 106
Collective Expression under the First Amendment	p. 109
Cases
Poole v. Little Valley Central School District	p. 110
Perry Education Assn. v. Perry Local Educators Assn	p. 111
Endnotes	p. 114
Civil Rights of Teachers	p. 134
Procedural Rights	p. 136
Due Process under Federal Law	p. 136
Due Process under State Law	p. 141
Substantive Rights	p. 141
Federal Constitutional Rights	p. 141
Substantive Rights under State Law	p. 153
Cases
O'Connor v. Ortega, 480 U.S. 709 (1987)	p. 154
Endnotes	p. 157
Student Rights and Discipline	p. 166
Procedural Rights	p. 168
Due Process under Federal Law	p. 168
Due Process under State Law	p. 172
Substantive Rights	p. 173
Federal Constitutional Rights	p. 173
Substantive Rights under State Law	p. 187
Rights of Separated Parents	p. 188
Cases
Goss v. Lopez, 419 U.S. 565 (1975)	p. 189
Gonzales v. McEuen, 435 F.Supp. 460 (1977)	p. 191
Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986)	p. 193
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)	p. 195
New Jersey v. T.L.O., 469 U.S. 325 (1985)	p. 199
Vernonia School District v. Acton, 115 S.Ct. 2386 (1995)	p. 201
Endnotes	p. 206
Tort Liability Under State Law	p. 218
General Principles of State Tort Law	p. 220
Duty of Care Requirement	p. 221
The Causation Requirement	p. 221
General Defense	p. 222
Common Tort Situations	p. 224
Corporal Punishment	p. 224
Premises Liability	p. 226
Student Supervision Liability	p. 227
Defamation	p. 232
Educational Malpractice	p. 233
Limitations on Tort Recovery	p. 234
Governmental Immunity	p. 234
Individual Immunity	p. 235
Time and Dollar Limitations	p. 236
Cases
Cirillo v. City of Milwaukee, 150 N.W.2d 460 (Wis. 1967)	p. 238
Grant v. Lake Oswego School District No. 7, 515 P.2d 947 (Or. 1973)	p. 239
Ayala v. Philadelphia Board of Public Education 305 A.2d 877 (Pa. 1973)	p. 241
Endnotes	p. 244
Equal Opportunity and Antidiscrimination Laws	p. 256
Overview of Antidiscrimination Laws	p. 258
Constitutional Prohibitions	p. 258
Statutory Prohibitions	p. 259
Affirmative Action Issues	p. 261
Racial and Ethnic Discrimination	p. 262
School Segregation	p. 263
Student Discrimination	p. 265
Teacher Discrimination	p. 266
Gender Discrimination	p. 268
Defining Gender-Based Discrimination	p. 268
Student Discrimination	p. 269
Teacher Discrimination	p. 270
Persons with Disabilities	p. 272
Overview of Pertinent Statutes	p. 272
Students with Disabilities	p. 273
Teachers with Disabilities	p. 276
Aliens	p. 277
Alien Children	p. 278
Alien Teachers and Employees	p. 278
Other Classified Groups	p. 279
Language-Deficient Minorities	p. 279
Age	p. 279
Religion	p. 280
Poverty	p. 281
General Remedial Statute for Deprivation of Federal Rights, 42 U.S.C. [section] 1983	p. 281
Elements of [section] 1983 Liability	p. 282
Liable Parties	p. 283
Constitutional and Statutory Remedies for Discrimination	p. 284
Background Note--Overlapping Laws	p. 284
Availability of Alternative Remedies	p. 285
Remedies under State Civil Rights Statutes	p. 287
Cases
Missouri v. Jenkins, 115 S.Ct. 2038 (1995)	p. 288
Debra P. by Irene P. v. Turlington, 730 F.2d 1405 (11th Cir. 1984)	p. 290
Hendrick Hudson Dist. Bd. of Education v. Rowley 458 U.S. 176 (1982)	p. 294
Principal Federal Laws on Equal Opportunity	p. 298
Endnotes	p. 305
Private Education	p. 326
Private Schools in American Education	p. 328
State Regulation of Private Education	p. 328
Teacher Status and Rights	p. 333
Contract Rights and Duties	p. 333
Student Status and Rights	p. 336
Contract Rights	p. 336
Student Discipline	p. 337
Student Records and Confidentiality	p. 337
Antidiscrimination Law in Private Schools	p. 338
Background Note	p. 338
Statutory Remedies for Private School Discrimination	p. 341
State Antidiscrimination Laws	p. 341
Tort Liability	p. 341
Introductory Note	p. 341
Immunity and Dollar Recovery Defenses	p. 341
Topical Tort Situations	p. 342
Private School Finance	p. 346
Background Note	p. 346
Forms of Aid to Nonpublic Schools	p. 348
Cases
Geraci v. St. Xavier High School, 3 Ohio Op. 3d 146 (1978)	p. 354
Central Catholic Educ. Assn. v. Archdiocese of Portland (1995)	p. 356
Agostini v. Felton, 117 S.Ct. (1997)	p. 358
Endnotes	p. 362
Charter Schools	p. 373
Legal Status of Charter Schools	p. 374
Charter School Legislation	p. 375
Charter Grants	p. 375
Funding	p. 376
Special Issues Raised by Charter School Legislation	p. 376
Admissions Criteria	p. 376
Curriculum and Teacher Qualifications	p. 377
Transportation	p. 377
Charter School States	p. 378
Endnotes	p. 379
Glossary	p. 381
Table of Cases	p. 385
Index	p. 395
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Law in the Schools

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