Public School Law: Teachers' and Students' Rights / Edition 5

Public School Law: Teachers' and Students' Rights / Edition 5

by Nelda H. Cambron-McCabe, Martha M. McCarthy, Stephen B. Thomas, Stephen B. Thomas
     
 

ISBN-10: 0205352162

ISBN-13: 9780205352166

Pub. Date: 04/29/2003

Publisher: Allyn & Bacon, Inc.

Updated and revised to reflect new policy and legal decisions, the Fifth Edition of Public School Law: Teachers' and Students' Rights, provides an all-inclusive treatment of the current status and evolution of the law governing public schools, making it the most comprehensive and well-documented text of its kind.

The text addresses legal principles

Overview

Updated and revised to reflect new policy and legal decisions, the Fifth Edition of Public School Law: Teachers' and Students' Rights, provides an all-inclusive treatment of the current status and evolution of the law governing public schools, making it the most comprehensive and well-documented text of its kind.

The text addresses legal principles applicable to practitioners in a comprehensive manner avoiding the extensive use of legal terms while still providing thorough documentation for further exploration of issues. It uniquely blends a 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. Comprehensive coverage of students' and teachers' rights are presented in a clear, straightforward manner. In this new edition, changes in the law and emerging areas of controversy, such as the Religious Freedom Restoration Act, student-initiated devotional activities, discipline of children with disabilities, use of metal detectors in student searches, drug testing of students and employees, judicial oversight in school desegregation, and implementation of affirmative action plans are highlighted.

New to This Edition:

  • The content in all chapters has been updated and rewritten, and new sections have been added to reflect recent litigation and capture emerging issues of legal concern.
  • New chapter on special education law (Rights of Students with Disabilities), with charts illustrating IDEA Due Process and applicable laws, reflects the level of legal activity in this area.
  • Increased coverage on numerous topics including sexualharassment, zero tolerance policies, internet use, drug testing, vouchers, and high stakes testing maintains the timeliness of the text so that readers will have access to the most current legal decisions.
  • Extensive documentation in the footnotes, at the bottom of each page, includes not only cases, but also relevant articles for further review.
  • Expanded list of landmark cases in appendices makes it easy to use this book as a reference.

Product Details

ISBN-13:
9780205352166
Publisher:
Allyn & Bacon, Inc.
Publication date:
04/29/2003
Edition description:
Older Edition
Pages:
525
Product dimensions:
6.10(w) x 9.20(h) x 1.27(d)

Table of Contents

Each chapter ends with a "Conclusion."

1. Legal Framework of Public Education.
State Control of Education.
Legislative Power.
State Agencies.
Local School Boards.
School-Based Councils.
Federal Role in Education.
Federal Legislation.
Federal Administrative Agencies.
Function and Structure of the Judicial System.

2. Church-State Relations.
Constitutional Framework.
Religious Influences in Public Schools.
Accommodations for Religious Beliefs.
Religious Challenges to the Secular Curriculum.
State and Private Schools.

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

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

5. Student Classifications.
Legal Context.
Classifications Based on Race.
Classifications Based on Native Language.
Classifications Based on Ability or Achievement.
Classifications Based on Age.
Classifications Based on Gender.

6. Rights of Students with Disabilities
Legal Context.
Free Appropriate Public Education.
Individualized Education Programs.
Related Services.
Extended School Year.
Participation in Sports.
Discipline.
Procedural Safeguards.

7. Student Discipline.
Conduct Regulations.
Expulsions and Suspensions.
Corporal Punishment.
Academic Sanctions.
Search and Seizure.

8. Terms and Conditions of Employment.
Licensure or Certification.
Employment by LocalSchool Boards.
Contracts.
Personnel Evaluation.
Personnel Records.
Other Employment Issues.

9. Substantive Constitutional Rights.
Freedom of Expression.
Academic Freedom.
Freedom of Association.
Personal Appearance.
Privacy Rights.

10. Discrimination in Employment.
Legal Context.
Race and National-Origin Discrimination.
Gender Discrimination.
Sexual Preference Discrimination.
Religious Discrimination.
Age Discrimination.
Disability Discrimination.

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

12. Labor Relations
Employees' Bargaining Rights in the Private and Public Sectors.
Teachers' Statutory Bargaining Rights.
Scope of Negotiations.
Union Security Provisions.
Grievances.
Negotiation Impasse.
Strikes.

13. Tort Liability.
Negligence.
Intentional Torts.
Defamation.
Damages.

14. Summary of Legal Generalizations.
Generalizations.

Glossary.

Selected Supreme Court Decisions.

Appendix.

Index.

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