Education Law / Edition 4

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Overview

Education Law provides a comprehensive survey of the legal problems and issues that confront school administrators and policy makers. The greater the likelihood of litigation or error in a particular area of professional practice, the more extensive the discussion. The book is organized in accordance with the authors' belief that students need to read cases to understand the subtlety and richness of the law - but that for legal neophytes, cases without discussion and interpretation are often difficult to comprehend. Thus the text both explains the important concepts of principles of education law and presents court decisions to illuminate them. By employing this structure, the book combines the strengths of the traditional casebook and those of the legal treatise. It also discusses the implications of the law for educational policy and practice.
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Product Details

  • ISBN-13: 9780415996136
  • Publisher: Taylor & Francis
  • Publication date: 10/6/2009
  • Edition number: 4
  • Pages: 672
  • Product dimensions: 7.30 (w) x 10.10 (h) x 1.60 (d)

Meet the Author

Michael Imber (Ph.D. Stanford University) is Professor of Educational Leadership and Policy Studies in the School of Education at the University of Kansas.

Tyll van Geel (Ed.D. Harvard University; J.D. Northwestern University) is Taylor Professor of Education Emeritus in the Graduate School of Education, University of Rochester, Rochester, NY.

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Table of Contents

Preface

1 Understanding Education Law

1.1 Forms of Law

1.2 The Courts and Education Law

1.3 The Judicial System

1.4 Elements of a Judicial Decision

1.5 Legal Citations

1.6 Summary

2 Compulsory Education

2.1 Compulsory Education Laws: An Overview

Pierce v. Society of Sisters

2.2 Exemptions from Compulsory Education

Wisconsin v. Yoder

2.3 Admission Requirements and School Assignment

2.4 Government Regulation of Private and Home Schools

Meyer v. Nebraska

2.5 Government Assistance to Private Schools

Zelman v. Simmons-Harris

2.6 Summary

3 Curriculum

3.1 Authority to Control the Public School Program

3.2 Objections to Religious Observances in Public Schools

School District of Abington Township v. Schempp

Florey v. Sioux Falls School District 49–5

3.3 Religious and Moral Objections to Course Content and Materials

Smith v. Board of School Commissioners of Mobile County

3.4 Free Speech and Related Objections to Programs and Policies

Virgil v. School Board of Columbia County

3.5 Objections to Discriminatory Material

3.6 Federal Statutory Restrictions on School Programs

3.7 Summary

4 Student Freedom of Expression

4.1 Freedom of Expression: An Overview

4.2 Unprotected Categories of Speech

Morse v. Frederick

4.3 School-Sponsored Speech

Hazelwood School District v. Kuhlmeier

4.4 Independent Student Speech

Tinker v. Des Moines Independent School District

4.5 Off-Campus Speech

Thomas v. Board of Education

4.6 Freedom of Association and Use of School Facilities

4.7 Summary

5 Student Discipline

5.1 Codes of Conduct

5.2 The Use of Force to Control Students

5.3 The Investigation of Misconduct

New Jersey v. T.L.O.

Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls

5.4 The Adjudication of Guilt

Goss v. Lopez

Gonzales v. McEuen

5.5 The Assignment of Punishment

5.6 Summary

6 Equal Educational Opportunity: Race and Gender

6.1 The Equal Protection Clause and Racial Discrimination

6.2 Historical Perspective: Equal Protection Prior to Brown v. Board of Education

6.3 Racial Segregation

Brown v. Board of Education (Brown I)

6.4 Remedying De Jure Segregation

Brown v. Board of Education (Brown II)

6.5 Other Forms of Racial Discrimination

Hawkins v. Coleman

6.6 Affirmative Action and Voluntary Racial Integration

Parents Involved in Cummunity Schools v. Seattle School District No. 1

6.7 The Equal Protection Clause and Gender Discrimination

6.8 Federal Antidiscrimination Statutes

6.9 Racial and Sexual Harassment

6.10 Summary

7 Students with Special Needs

7.1 Historical Perspectives: The Education of Children with Disabilities

7.2 The Rehabilitation Act (504) and the Americans with Disabilities Act

7.3 The Individuals with Disabilities Education Act

Board of Education of Hendrick Hudson Central School District v. Rowley

Daniel R.R. v. State Board of Education

7.4 No Child Left Behind and Students with Disabilities

7.5 English Language Learners

Castaneda v. Pickard

7.6 Classification by Age and Ability

7.7 Summary

8 School Finance

8.1 A Legal Perspective on School Finance

8.2 The Federal Constitution and School Finance

San Antonio Independent School District v. Rodriguez

8.3 State Constitutions and School Finance

Seranno v. Priest

Rose v. Council for Better Education, Inc.

8.4 Local School Board Authority to Raise and Spend Money

8.5 Summary

9 Federal Constitutional and Statutory Rights of Teachers

9.1 Political Activity and Noncurricular Speech

Garcetti v. Ceballos

Pickering v. Board of Education

9.2 Academic Freedom and Curricular Speech

9.3 Privacy, Morality, and Lifestyle

9.4 Race, Ethnicity, Gender, Sexual Orientation, and Sexual Identity

Wygant v. Jackson Board of Education

Richardson v. Lamar County Board of Education

9.5 Religion

9.6 Disability

9.7 Age

9.8 Summary

10 Teacher Employment

10.1 Eligibility for Employment

10.2 Assignment, Transfer, and Demotion

10.3 Probationary Teachers: Evaluation, Renewal, and Tenure

10.4 Dismissal for Cause

In re Proposed Termination of James E. Johnson

Youngman v. Doerhoff

Board of Education of Long Beach Unified School District v. Jack M.

Krizek v. Cicero-Stickney Township High School District No. 201

10.5 Procedural Due Process

Hortonville Joint School District No. 1 v. Hortonville Education Association

10.6 Reduction in Force

10.7 Leaves of Absence

10.8 Workers’ Compensation

10.9 Summary

11 Collective Bargaining, Unions, and Teacher Contracts

11.1 Collective Bargaining for Teachers: An Overview

11.2 Rights of Union Members

Armstrong Education Association v. Armstrong School District

11.3 Rights of Nonunion Members

Abood v. Detroit Board of Education

11.4 Rights and Duties in Collective Bargaining

Chee-Craw Teachers Association v. Unified School District No. 247, Crawford County

11.5 Grievance Procedures

11.6 Individual Teacher Contracts

Bottineau Public School District No. 1 v. Currie

11.7 Summary

12 Torts

12.1 Intentional Torts: Battery, Assault, False Imprisonment, and Intentional Infliction of Mental Distress

12.2 Defamation and Employee Letters of Reference

12.3 Invasion of Privacy, Student Records, and the Duty to Report Child Abuse

12.4 Negligence

Barbin v. State

Broward County School Board v. Ruiz

Hoyem v. Manhatten Beach School District

12.5 Negligent Hiring and Vicarious Liability

12.6 Liability for Dangerous Buildings and Grounds

12.7 Educational Malpractice

12.8 Governmental Immunity and Statutes Affecting Tort Suits

12.9 Substantive Due Process

12.10 Section 1983 and Tortious Violations of Federal Law

Jefferson v. Ysleta Independent School District

12.11 Summary

The Constitution of the United States

Table of Cases

Index

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