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Public School Law: Teachers' and Students' Rights / Edition 6

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Overview

Public School Law: Teachers’ and Students’ Rights, 6/e

(020557937X)

Updated and revised to reflect new policy and legal decisions, the Sixth 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 school law text available.

New to this edition:

  • Additional tables, graphs, and figures to enhance content syntheses and understanding.
  • All chapters have been revised to reflect emerging legal concerns.
  • A separate chapter on special education and IDEA.
  • New issues such as ELL, bullying, sexual harassment, vouchers, digital copyright, added.
  • More coverage of school financing and high stakes testing.

Here’s what your colleagues are saying:

“I am pleased to have adopted Public School Law for use in graduate classes…. Of the many texts I’ve used in the past or reviewed for consideration, Public School Law is superior to the others. Topics are well researched with appropriate cases cited to illustrate current legal parameters.”

- Agnes Smith, University of South Alabama

“This is an excellent textbook for a master’s level school law course. I appreciate all the research work the authors have done. The students really enjoy reading it!”

- Marcelle Lovett, University of North Florida

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Product Details

  • ISBN-13: 9780205579372
  • Publisher: Pearson
  • Publication date: 5/2/2008
  • Edition description: Older Edition
  • Edition number: 6
  • Pages: 530
  • Product dimensions: 6.20 (w) x 8.90 (h) x 1.30 (d)

Table of Contents

1 Legal Framework of Public Education

State Control of Education

Legislative Power

State Agencies

Local School Boards

School-based Councils

Federal Role in Education

United States Constitution

General Welfare Clause

Commerce Clause

Obligation of Contract Clause

First Amendment

Fourth Amendment

Fifth Amendment

Ninth Amendment

Fourteenth Amendment

Federal Legislation

Funding Laws

Civil Rights Laws

Federal Administrative Agencies

Function and Structure of the Judicial System

State Courts

Federal Courts

Judicial Trends

Conclusion

2 Church-State Relations

Constitutional Framework

Religious Influences in Public Schools

Silent Prayer Statutes

School-Sponsored Versus Private Devotionals

Weisman and Its Progeny

Student Elections to Authorize Prayers

Pledge of Allegiance

Religious Displays and Holiday Observances

Proselytization in the Classroom

Equal Access for Religious Expression and Groups

Equal Access Act

School Access for Community Groups

Distribution of Religious Literature

Accommodations for Religious Beliefs

Release-Time Programs

Religious Absences

Religious Exemptions from Secular Activities

Observances

Curriculum Components

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

Tax Relief Measures

Vouchers

Conclusion

3 School Attendance and Instructional Issues

Compulsory School Attendance

Alternatives to Public Schooling

Health Requirements

Residency Requirements

School Fees

Transportation

Textbooks, Courses, and Materials

The School Curriculum

Requirements and Restrictions

Censorship of Instructional Materials

Parental Challenges

Censorship by Policymakers

Electronic Censorship

Student Proficiency Testing

Educational Malpractice/Instructional Negligence

Instructional Privacy Rights

Student Records

Pupil Protection and Parental Rights Laws

Conclusion

4 Students’ Rights in Noninstructional Matters

Freedom of Speech and Press

Unprotected Expression

Defamatory Expression

Obscene, Lewd, or Vulgar Expression

Inflammatory Expression

Advocacy of Illegal Activity for Minors

Commercial Expression

School-Sponsored Expression

Type of Forum

Hazelwood and Its Progeny

Protected Private Expression

Prior Restraints

Post-Expression Discipline

Anti-Harassment Policies

Electronic Expression

Time, Place, and Manner Regulations

Future Directions

Student-Initiated Clubs

Student Appearance

Hairstyle

Attire

Dress Codes

Student Uniforms

Extracurricular Activities

Attendance, Training, and Recruitment Regulations

Restrictions on Eligibility

Fees for Participation

Other Conditions

Conclusion

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

Rezoning and the Closing, Reopening, or Construction of

Schools

Busing

Programmatic Options

Interdistrict Remedies

Staff Desegregation Remedies

Fiscal Responsibilities

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

Single-sex Teams

Fewer Sports Opportunities for Females

Modified Sports and Separate Seasons for Females

Academic Programs

Single-sex Schools

Sex-segregated Courses and Programs

Sex-based Admission Criteria

Sexual Harassment of Students

Employee-to-Student Harassment

Student-to-Student Harassment

Marriage and Pregnancy

Conclusion

6 Rights of Students with Disabilities

Legal Context

Rehabilitation Act

Americans with Disabilities Act

Individuals with Disabilities Education Act

Individualized Education Programs

Initial Identification

Evaluation

IEP Team

IEP Preparation

Free Appropriate Public Education

Least Restrictive Environment

Private Schools

Public Placement of a Child in a Private School

Parental Placement of a Child in a Private School

Services Available in Private Schools

Change of Placement

Related Services

Transportation

Psychological Services

Health and Nursing Services

Extended School Year

Participation in Sports

Discipline

Suspension

Expulsion

Procedural Safeguards

Stay-Put Provision

Informal Meeting

Mediation

Impartial Due Process Hearing

State Review

Civil Action

Remedies and Attorneys’ Fees

Conclusion

7 Student Discipline

Conduct Regulations

Expulsions and Suspensions

Expulsions

Procedural Requirements

Zero-Tolerance Policies

Suspensions

Procedural Requirements

Disciplinary Transfers to Alternative Educational Placements

Anti-Bullying Laws

Corporal Punishment

Constitutional Issues

State Law

Academic Sanctions

Absences

Misconduct

Search and Seizure

Application of Fourth Amendment to Students

Lockers

Search of Personal Possessions

Personal Search of Students

Personal Searches

Strip Searches

Seizure of Students

Use of Metal Detectors

Drug-Detecting Canines

Drug Testing

Police Involvement

Remedies for Unlawful Disciplinary Actions

Conclusion

8 Terms and Conditions of Employment

Licensure or Certification

Employment by Local School Boards

Employment Requirements

Assignment of Personnel and Duties

Contracts

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

Conclusion

9 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

Adequate Notice

Relevancy

Threat of Disruption

Community Standards

Freedom of Association

Political Affiliations

Political Activity

Campaigning for Issues and Candidates

Holding Public Office

Personal Appearance

Privacy Rights

Search and Seizure

Lifestyle Controversies

Conclusion

10 Discrimination in Employment

Legal Context

Fourteenth Amendment

Title VII

Qualifying as an Employer

Disparate Treatment and Impact

Retaliation

Relief

Race and National-Origin Discrimination

Hiring and Promotion Practices

Testing

Adverse Decisions

Affirmative Action

Sex Discrimination

Hiring and Promotion Practices

Compensation Practices

Termination, Nonrenewal, and Denial of Tenure

Sexual Harassment

Quid Pro Quo

Hostile Environment

Pregnancy Discrimination

Retirement Benefits

Sexual-Preference Discrimination

Access to Benefits

Harassment

Adverse Employment Decisions

Religious Discrimination

Hiring and Promotion Practices

Accommodation

Attire Restrictions

Personal Leave

Job Assignments and Responsibilities

Adverse Employment Decisions

Age Discrimination

Hiring and Promotion Practices

Compensation and Benefits

Adverse Employment Actions

Termination, Nonrenewal, Reduction-in-Force

Transfer

Retaliation

Retirement

Disability Discrimination

Qualifying as Disabled

Otherwise Qualified

Reasonable Accommodation

Termination and Nonrenewal

Conclusion

11 Termination of Employment

Procedural Due Process in General

Dismissal

Nonrenewal

Establishing Protected Property and Liberty Interests

Property Interest

Liberty Interest

Procedural Requirements in Discharge Proceedings

Notice

Hearing

Adequate Notice of Hearing

Waiver of Hearing

Impartial Hearing

Evidence

Findings of Fact

Dismissal for Cause

Incompetency

Immorality

Insubordination

Neglect of Duty

Unprofessional Conduct

Other Good and Just Cause

Reduction in Force

Remedies for Violations of Protected Rights

Liability of School Officials

Liability of School Districts

Remedies

Damages

Reinstatement

Attorneys’ Fees

Conclusion

12 Labor Relations

Employees’ Bargaining Rights in the Private and Public Sectors

Teachers’ Statutory Bargaining Rights

Scope of Negotiations

Governmental Policy

Selected Bargaining Subjects

Class Size

School Calendar

Teacher Evaluation

Reduction in Force

Nonrenewal and Tenure Decisions

Union Security Provisions

Dues and Service Fees

Exclusive Privileges

Grievances

Negotiation Impasse

Strikes

Conclusion

13 Tort Liability Negligence Duty

Supervision

Instruction

Maintenance of Buildings, Grounds, and Equipment

Duty to Warn

Breach of Duty/Standard of Care

Reasonable Person

Invitee, Licensee, Trespasser

Proximate Cause

Injury

Defenses Against Negligence

Governmental Immunity

Contributory Negligence

Comparative Negligence

Assumption of Risk

Intentional Torts

Assault and Battery

False Imprisonment

Intentional Infliction of Mental Distress

Defamation

Private and Public Persons

Veracity of Statements

Fact versus Opinion

Privilege

Damages

Conclusion

14 Summary of Legal Generalizations

Generalizations

Conclusion

Glossary

Selected Supreme Court Decisions

Appendix

Index

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