Public School Law: Teachers' and Students' Rights / Edition 3

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Since WWII, lawmakers have significantly reshaped educational policy. Most school personnel are aware of the burgeoning litigation and legislation, and some are familiar with the names of a few landmark Supreme Court decisions. Nonetheless, many teachers and administrators misunderstand the basic legal concepts that are being applied to educational questions. As a result, they are uncertain about the legality the daily decisions they make to operate their schools. A bestseller by the topic authors in this subject, this book helps alleviate concerns voiced by educators. KEY TOPICS: It addresses legal principles applicable to practitioners in a succinct but comprehensive manner. Topics with a direct impact on educators and students are explored: student classification, attendance, teachersÕ constitutional rights, church-state relations, and much more. Every school administrator needs a copy of this best- selling reference on his or her shelf.
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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: 9780205135004
  • Publisher: Allyn & Bacon, Inc.
  • Publication date: 1/28/1992
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 560
  • Product dimensions: 6.36 (w) x 9.36 (h) x 1.76 (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

All chapters conclude with "Conclusion."

1. Legal Framework of Public Education.
State Control of Education.
Federal Role in Education.
Function and Structure of the Judicial System.

2. Church-State Relations.
Constitutional Framework.
Religious Influences in Public Schools.
Equal Access for Religious Expression.
Excusal from Public School for Religious Instruction and Observances.
Religious Exemptions From Public School Activities.
Religious Challenges to the Secular Curriculum.
Governmental Regulation of Private Schools.
Governmental Aid to Private Schools.

3. School Attendance and Instructional Issues.
Compulsory School Attendance.
Residency Requirements.
School Fees.
The School Curriculum.
Student Proficiency Testing.
Educational Malpractice.
Instructional Privacy Rights.

4. Students' Rights in Noninstructional Matters.
Freedom of Speech and Press.
Student Appearance.
Extracurricular Activities.

5. Student Classification Practices.
Legal Context.
Classifications Based on Gender.
Classifications Based on Native Language.
Classifications Based on Age.
Classifications Based on Ability or Achievement.
Classifications Based on Disability.

6. Student Discipline.
Conduct Regulations.
Expulsions and Suspensions.
Disciplinary Transfers.
Corporal Punishment.
Academic Sanctions.
Search and Seizure.
Remedies for Unlawful Disciplinary Actions.

7. Terms and Conditions of Employment.
Employment by Local SchoolBoards.
Personnel Evaluation.
Personnel Records.
Other Employment Issues.

8. Teachers' Substantive Constitutional Rights.
Freedom of Expression.
Academic Freedom.
Freedom of Association.
Personal Appearance.
Privacy Rights.

9. Discrimination in Employment.
Race and National-Origin Discrimination.
Gender Discrimination.
Religious Discrimination.
Age Discrimination.
Disability Discrimination.

10. Termination of Employment.
Due Process in General.
Procedural Requirements in Discharge Proceedings.
Dismissal for Cause.
Remedies for Violations of Protected Rights.

11. Collective Bargaining.
Employees' Bargaining Rights in the Private and Public Sectors.
Teachers' Statutory Bargaining Rights.
Scope of Negotiations.
Union Security Provisions.
Negotiation Impasse.

12. Tort Liability.
Intentional Torts.

13. School Desegregation.
Pre-Brown Litigation.
De Jure Segregation in the South.
Distinguishing Between De Jure and De Facto Segregation.
Busing: Limitations and Alternatives.
Interdistrict Remedies.
Staff Desegregation Remedies.
Fiscal Responsibilities.
Ending Judicial Supervision.

14. Summary of Legal Generalizations.


Selected Supreme Court Cases.


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