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

An essential, practical, hands-on resource for school leaders, policymakers, and other educational personnel, this practical, clear, and easy-to-understand guide looks at both the historical background and the contemporary legal issues that affect virtually every aspect of schools today. The new Sixth Edition of School Law and the Public Schools by Nathan Essex brings readers the latest information on today’s most critical issues, among them: recent rulings on religion in public schools, social media, Facebook and Twitter challenges, virtual charter schools, administrators’ authority at bus stops, legal aspects of teachers and administrators’ evaluation, teacher performance and misconduct, 504 Rehabilitation plans, the McKinney-Vento Homeless Act, violence and tragedy in U.S. schools, procedures for evaluating and responding to threats, natural disasters and school safety, proposed changes to No Child Left Behind by the White House, and the use of chaperones for field trips. Numerous application exercises and case studies give the concepts real-life meaning, and illustrative tables and figures further reinforce and amplify the ideas.

Nathan L. Essex is professor of Educational Law and Leadership at the University of Memphis and President of Southwest Tennessee Community College. He received the B.S. degree in English at Alabama A&M University, the M.S. degree in Educational Administration at Jacksonville State University and the Ph.D. degree in Administration and Planning at The University of Alabama.

He has held public school teaching and administrative positions prior to completing the doctorate.  Essex’s interests include law, educational policy and personnel administration.  He has served as consultant for more than 100 school districts and numerous educational agencies.  He served as a policy consultant with the Alabama State Department of Education for twelve years and received numerous awards in recognition of his contributions in the field of education.  He is the recipient of the Truman M. Pierce Award for Educational Leadership and outstanding contributions which advanced the direction of education in the state of Alabama, the Academic Excellence Award in recognition of professional achievement and academic excellence in the research, service, and teaching of education, Capstone College of Education Society, The University of Alabama; Teaching Excellence Award; Distinguished Service Award—Who’s Who in the State of Tennessee, The University of Memphis Distinguished Administrator of the Year 1995-96, “Educator on the Move,” The University of Memphis; Phi Delta Kappa, the President’s award for leadership and service to the community, Youth Services, Inc.; Who’s Who in Corporate Memphis, Grace Magazine; and, President Bush’s Community Service Award, just to name a few.  Essex has published numerous articles, book chapters and newsletters on legal issues.  Many of his works appear in The Administrator’s Notebook, The Horizon, ERS Spectrum, Principal Journal, Compensation Review, The Clearinghouse, The American School Board Journal, American Management Association, Community College Review, Education and Law, and many other professional journals.  Essex has authored a law textbook entitled 200 Legal Questions for Educators, which was published by Corwin.  Essex has also published a textbook for public school teachers entitled, Pocket Guide to School Law and a booklet on No Child Left Behind, which was published by Allyn & Bacon.  He is highly sought by educators at all levels to share his knowledge and expertise regarding legal and policy issues that impact educational organizations.

Chapter 1 LEGAL FRAMEWORK AFFECTING PUBLIC SCHOOLS

Sources of Law

The U.S. System of Courts

Analysis of an Appellate Court Opinion

The U.S. Supreme Court

Legal Information Retrieval Systems

Chapter 2 RELIGION AND THE PUBLIC SCHOOLS

School-Sponsored Prayer

School-Sponsored Bible Reading

Silent Prayer and Meditation

Prayer at School Events

Voluntary Prayer at Commencement Exercises

Aid to Parochial Schools

Use of School Facilities by Religious Student Groups

Use of School Facilities by Outside Religious Groups

Religious Activities and Holiday Programs

Religious Freedoms Involving Teachers

Chapter 3 STUDENT RIGHTS AND RESTRICTIONS

Freedom of Expression

Dress and Appearance

Search and Seizure

Drug and Alcohol Testing

Use of Cell Phones and Electronic Devices

Mobile Devices in the Classroom

Due Process

Corporal Punishment

School Suspension

Expulsion

Student Discipline for Off-Campus Behavior

Classroom Harassment

Child Abuse

Pregnant Students

Married Students

Chapter 4 NATIONAL SECURITY AND SCHOOL SAFETY

Homeland Security

USA PATRIOT Act

No Child Left Behind and School Safety

Handling Violence in Schools

Freedom of Expression: Prohibitions and School Violence

Zero Tolerance and School Safety

Metal Detectors

Chapter 5 INDIVIDUALS WITH DISABILITIES

Individuals with Disabilities Education Act of 1990 (IDEA) and the Individuals with Disabilities Education Improvement   Act of 2004 (IDEIA)

National Council on Disability

Education-Related Service Requirement

Isolation and Restraint Laws for Students with Disabilities

Disciplining Students with Disabilities

Individuals with Disabilities Education Act of 1997

Chapter 6 SCHOOL PERSONNEL AND SCHOOL DISTRICT LIABILITY

The School as a Safe Place

Liability of School Personnel

Intentional Torts

Defenses Against Defamation

Unintentional Torts

Defenses for Negligence

Proper Instruction and Student Safety

Duties of Supervision

Liability Involving Civil Rights Statutes

Educational Malpractice

Chapter 7 LIABILITY AND STUDENT RECORDS

Sanctions for Violating Family Privacy Rights

Rights of Parents

Family Educational Rights and Privacy Act

Rights of Noncustodial Parents

Rights of Eligible Students

Rights of School Personnel

Enforcement of State or Federal Statutes

Family Education Rights and Privacy Act (FERPA)

No Child Left Behind Act of 2002

Defamation Involving School Personnel

Chapter 8 TEACHER FREEDOMS

Substantive and Procedural Considerations

Freedom of Expression

Teacher Use of Facebook and Other Social Media

Freedom of Association

Dress and Grooming

Right to Privacy

Religious Discrimination in Public Schools

Family and Medical Leave Act (FMLA)

Chapter 9 DISCRIMINATION IN EMPLOYMENT

Equal Protection Provisions of the Fourteenth Amendment and Employment Discrimination

Due Process Standards and Employment Discrimination

Title VII: Discrimination

Title IX

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

Pregnancy and Public School Employment

Sexual Harassment

Chapter 10 RECRUITMENT, TENURE, DISMISSAL, AND DUE PROCESS

Recruitment of Personnel

Tenure

Dismissal for Cause

Fair Labor Standards Act

Collective Bargaining

Right to Work Statutes

Teacher Strikes

Chapter 11 THE INSTRUCTIONAL PROGRAM AND SCHOOL ATTENDANCE

Control of Public Schools

Compulsory AttendanceSchool Vouchers

Health Requirements

Residence

Curriculum Standards

Common Core Standards

Special Interest Groups and Public School Curriculum  

No Child Left Behind Act of 2001

Intellectual Property and Fair Use

Use of the Internet for Instruction

Grading and Academic Requirements

Chapter 12 SCHOOL DESEGREGATION

De Jure Segregation

Brown II Implementation

Busing and Desegregation

Free Transfer and Freedom of Choice Program

No Child Left Behind and Civil Rights

Chapter 13 PUBLIC SCHOOL FINANCE

Taxation for Public Schools

Tax Rate

Equity Funding in Education

Legal Challenges to School Funding

The Landmark Rodriguez Case

Litigation Following Rodriguez

Post-Rodriguez Cases

Equity and Adequacy of Funding for Public Schools

Appendix THE CONSTITUTION OF THE UNITED STATES AND SELECTED KEY PROVISIONS AND AMENDMENTS AFFECTING EDUCATION

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