Public School Law: Teachers' and Students' Rights / Edition 7

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With this seventh edition of Public School Law: Teachers’ and Students’ Rights, renowned authors Martha M. McCarthy, Nelda H. Cambron-McCabe, Suzanne E. Eckes, have proven once again that their mainstay for school law can’t be touched by the competition. In a masterful blend of detailed treatment of landmark cases with a thorough discussion of the legal context, trends, and generalizations to guide all school personnel in their daily activities, the book addresses legal principles applicable to practitioners in a succinct but comprehensive manner. Information in this text will help alleviate concerns voiced by educators who either do not know the legal concepts that govern schools or feel that the scales of justice have been tipped against them. Primarily written for school administrators and teachers to learn the most important points of the cases and how the cases will impact their practices, this new edition covers a wider range of legal topics, takes a much more in-depth approach to discussing the cases presented, and cites many more current cases that are relevant to practitioners than any other school law textbook in comparison.

New to this edition, besides being thoroughly updated and revised throughout, are the most current new laws, policies, and judicial decisions; more than 400 new cases from previous editions, with all content as current and well-documented as of July, 2012; new information on cyber-bullying, sexting; legal controversies involving charter schools; and the Common Core State Standards Web sites with current data on a range of topics from voucher programs and home education to curriculum requirements; the latest on the American with Disabilities Act amendments of 2008, amendments to the regulations for Title IX of the Education Amendments of 1972, the Family Educational Rights and Privacy Act, and the Lilly Ledbetter Act; race-conscious student assignment plans, and the use of seclusion and restraints with students with disabilities with new information regarding guidelines from the U.S. Department of Justice and the U.S. Department of Education.; and the most current legal information regarding protections for gay, lesbian, bisexual, and transgender students; permissible religious activities in public schools; and student searches, including strip searches and cell phone searches.

For law students, it is primarily written for teachers, school administrators, and other public school personnel taking a school law course at the graduate and master’s levels, there is not a greater, more comprehensive resource on the market today than Public School Law, Seventh Edition.

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Editorial Reviews

New edition of a text treating the evolution and current status of the law governing public schools. Discussion includes such topics as church-state relations, students' rights in non- instructional matters; student discipline; employment terms, discrimination, and termination; collective bargaining; tort liability; and school desegregation. Implications of legal mandates are discussed, and guidelines are provided for school personnel. Annotation c. by Book News, Inc., Portland, Or.
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Product Details

  • ISBN-13: 9780132619318
  • Publisher: Pearson
  • Publication date: 3/7/2013
  • Edition description: New Edition
  • Edition number: 7
  • Pages: 512
  • Sales rank: 62,682
  • Product dimensions: 7.60 (w) x 9.40 (h) x 1.20 (d)

Meet the Author

Martha McCarthy isPresidential Professor at Loyola Marymount University and Chancellor’s Professor Emeritus at Indiana University where she teaches educational law and policy courses. She has written numerous books and articles, and has made frequent presentations on various school law topics at educational leadership programs with faculty members. She has served as President of the Education Law Association and the University Council for Educational Administration (UCEA), and Vice President for Division A of the American Educational Research Association. Among her accolades, she received the Roald Campbell Lifetime Achievement Award from UCEA.

Nelda Cambron-McCabe is Professor of Educational Leadership and Chair, Department of Educational Psychology at Miami University. Her teaching and research interests include public school law, leadership, and organizational learning. She has published extensively in these areas, including books and articles, as well as frequent presentations at conferences and to educators in the field. She has served as President of the Education Law Association and the American Education Finance Association, and has received a number of awards and honors for research and service contributions to education.

Suzanne Eckes is an associate professor at Indiana University where she teaches and researches about education law. A prolific author, she has written over 70 articles on school legal issues, is a co-author on Principals Teaching the Law (Corwin, 2010), and a co-editor on the Principal's Legal Handbook (Education Law Association, in press) and School Discipline and Safety (Sage, in press). She has been invited to speak at several national and international venues about the legal rights of teachers and students, and has received several awards for her teaching and research accomplishments.

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Table of Contents


Preface xii

1 Legal Framework of Public Education

State Control of Education

State Legislation

State Administrative Agencies

Local School Boards

Federal Role in Education

United States Constitution

Constitutional Amendments that Relate to School Law

Federal Legislation

Federal Administrative Agencies

Function and Structure of the Judicial System

Filing a Case

States Courts

Federal Courts

Judicial Trends


2 Church/State Relations

Constitutional Framework

Religious Influences in Public Schools

Silent Prayer Statutes

School-Sponsored versus Private Devotionals

Religious Displays, Music, and Holiday Observances

Proselytization in the Classroom

Equal Access for Religious Expression and Groups

Accommodations for Religious Beliefs

Release-Time Programs

Religious Absences

Religious Exemptions from Secular Activities

Religious Challenges to the Secular Curriculum

The Origin of Humanity

Other Challenges

State Aid to Private Schools

Aid for Student Services

Aid to Encourage Educational Choice


3 School Attendance and Instructional Issues

Compulsory School Attendance

Alternatives to Traditional Public Schooling

Health Requirements

Residency Requirements

School Fees


Textbooks, Courses, and Materials

The School Curriculum

Requirements and Restrictions

Censorship of Instructional Materials

Student Proficiency Testing

Educational Malpractice/Instructional Negligence

Instructional Privacy Rights

Student Records

Pupil Protection and Parental Rights Laws


4 Students’ Rights in Noninstructional Matters

Freedom of Speech and Press

Legal Principles

School-Sponsored Expression


Prior Restraints Versus Punishment After the Fact

Anti-Harassment and Anti-Bullying Policies

Electronic Expression

Time, Place, and Manner Regulations

Future Directions

Student-Initiated Clubs

Student Appearance



Extracurricular Activities

Recruitment and Eligibility

Training Regulations and Other Conditions on Participation

Fees for Participation


5 Student Classifications

Legal Context

Classifications Based on Race

Pre-Brown Litigation

De Jure Segregation in the South

Distinguishing between De Jure and De Facto Segregation

Fashioning Appropriate Remedies

Achieving Unitary Status

Postunitary Transfer and School Assignment

Race as a Factor in Admission to Private Schools

Race Discrimination and Matriculated Students

Classifications Based on Native Language

Classifications Based on Ability or Achievement

Tracking Schemes

Gifted and Talented Students

Classifications Based on Age

Classifications Based on Sex

Interscholastic Sports

Academic Programs

Sexual Harassment of Students

Marriage and Pregnancy


6 Rights of Students with Disabilities

Legal Context

Rehabilitation Act

Americans with Disabilities Act

Individuals with Disabilities Education Act

Individualized Education Programs

Initial Identification


IEP Team

IEP Preparation

Free Appropriate Public Education

Least Restrictive Environment

Private Schools

Related Services


Psychological Services

Health and Nursing Services

Extended School Year

Participation in Sports




Procedural Safeguards

Stay-Put Provision

Informal Meeting


Impartial Due Process Hearing

State Review

Civil Action

Remedies and Attorneys’ Fees


7 Student Discipline

Conduct Regulations

Expulsions and Suspensions



Corporal Punishment

Constitutional Issues

State Law

Academic Sanctions



Search and Seizure


Search of Personal Possessions

Personal Search of Students

Metal Detectors

Drug-Detecting Canines

Drug Testing

Police Involvement

Remedies for Unlawful Disciplinary Actions


8 Terms and Conditions of Employment

Licensure or Certification

Employment by Local School Boards

Employment Requirements

Assignment of Personnel and Duties


Term and Tenure Contracts

Supplemental Contracts

Domestic Partner Benefits

Leaves of Absence

Personnel Evaluation

Personnel Records

Other Employment Issues

Using Copyrighted Materials

Reporting Suspected Child Abuse


9 Teachers’ Substantive Constitutional Rights

Freedom of Expression

Legal Principles

Application of the Legal Principles

Prior Restraint and Channel Rules

Expressing Personal Views in the Classroom

Academic Freedom

Course Content

Teaching Strategies

Freedom of Association

Political Affiliations

Political Activity

Personal Appearance

Constitutional Privacy Rights

Search and Seizure

Out-of-School Conduct


10 Discrimination in Employment

Legal Context

Fourteenth Amendment

Title VII

Race and National-Origin Discrimination

Hiring and Promotion Practices

Adverse Decisions

Affirmative Action

Sex Discrimination

Hiring and Promotion Practices

Compensation Practices

Termination, Nonrenewal, and Denial of Tenure

Sexual Harassment

Pregnancy Discrimination

Retirement Benefits

Sexual-Preference Discrimination

Access to Benefits


Adverse Employment Decisions

Religious Discrimination

Hiring and Promotion Practices


Adverse Employment Decisions

Age Discrimination

Hiring and Promotion Practices

Compensation and Benefits

Adverse Employment Actions



Disability Discrimination

Qualifying as Disabled

Otherwise Qualified

Reasonable Accommodation

Termination and Nonrenewal


11 Termination of Employment

Procedural Due Process in General



Establishing Protected Property and Liberty Interests

Procedural Requirements in Discharge Proceedings



Dismissal for Cause




Neglect of Duty

Unprofessional Conduct

Other Good and Just Cause


Remedies for Violations of Protected Rights

Liability of School Officials

Liability of School Districts



12 Labor Relations

Employees’ Bargaining Rights in the Private and Public Sectors

Teachers’ Statutory Bargaining Rights

Scope of Negotiations

Governmental Policy

Selected Bargaining Subjects

Union Security Provisions

Dues and Service Fees

Exclusive Privileges


Negotiation Impasse



13 Tort Liability



Breach of Duty/Standard of Care

Proximate Cause


Defenses against Negligence

Intentional Torts

Assault and Battery

False Imprisonment

Intentional Infliction of Mental Distress


Private and Public Persons

Veracity of Statements

Fact versus Opinion




14 Summary of Legal Generalizations




Selected Supreme Court Decisions


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