School Law and the Public Schools: A Practical Guide for Educational Leaders / Edition 3by Nathan L. Essex
Pub. Date: 04/30/2004
Publisher: Allyn & Bacon, Inc.
This concise, easy to read paperback contains relevant information on historical and contemporary legal issues affecting the organization and administration of schools in the United States. This text is a must have for educators and policy makers at all levels. Legal issues are covered thoroughly yet succinctly, and are discussed in a way that is informative, entertaining, and useful so the educator or administrator can effectively perform professional duties within the boundaries of constitutional, statutory, and case law.
NEW TO THIS EDITION:
- New Chapter 4, "Student Safety and Due Process," provides a comprehensive overview of issues impacting school safety and precautions that school officials should take.
- New Chapter 11, "The Instructional Program," discusses all issues relating to curriculum requirements, standards, testing, and grading.
- New Chapter 12, "School Desegregation," covers the historical discussion of desegregation, challenging the courts' role in creating desegregated schools.
- No Child Left Behind considerations are included throughout.
- Provides clear discussion of the groundbreaking landmark Supreme Court decision on Affirmative Action in the college admissions process (Ch. 9).
- Contains unprecedented coverage of the U.S. Supreme Court ruling that struck down Texas' law prohibiting private homosexual acts between consenting adults as unconstitutional (Ch. 8).
- "In-Basket Exercises" or Cases have been added at the end of every chapter, providing practical application designed to reinforce concepts and create dialog among students.
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Table of Contents
(All Chapters conclude with a Chapter Bibliography.)
1. Legal Framework Affecting Public Schools.
Sources Of Law.
Bill Of Rights And The Fourteenth Amendment.
The Federal Constitution.
Court Or Case Law.
School Board Policies.
The U.S. System Of Courts.
Courts Of General Jurisdiction.
Courts Of Special Jurisdiction.
Intermediate Appellate Courts.
Analysis Of An Appellate Court Opinion.
Ruling And Justification.
The Supreme Court.
Supreme Court Ritual.
U.S. Supreme Court Decisions.
Administrative Guide-Legal Framework.
Chapter 1 Bibliography.
2. Religion And The Public Schools.
School Sponsored Prayer.
School Sponsored Bible Reading.
Aid To Parochial Schools.
Aid To Religious Schools.
Prayer At School Events.
Prayer At Athletic Contests.
Student Led Prayer At Public School Events.
Administrative Guide-Prayer, Bible Reading And Silent Meditation.
Voluntary Prayer At Commencement.
Impact Of Recent Ruling.
Prayer At School Board Meetings.
Administrative Guide-Prayer At School Events.
Use Of School Facilities By Religious Student Groups.
Administrative Guides-Equal Access.
Use Of School Facilities By Outside Religious Groups.
Use Of School Facilities By Community Groups.
Right To Deny Access.
Administrative Guide-Use Of Facilities By Outside Groups.
Religious Activities And Holiday Programs.
Released Time For Religious Instruction.
Posting Religious Mottos And Expressions.
Distribution Of Religious Materials.
Use Of Religious Garb By School Personnel.
Administrative Guides-Religious Activities.
3. Students, The Law And Public.
Freedom Of Expression.
Administrative Guides-Freedom Of Expression.
Protests And Demonstrations.
Administrative Guide-Protests And Demonstrations.
School Sponsored Newspapers.
Administrative Guide-Student Newspapers.
Non School Sponsored Newspapers.
Administrative Guide-Non School Sponsored Publications.
School Use Of The Internet.
Administrative Guide-Use Of Internet.
Dress And Appearance.
Health And Safety Issues.
Administrative Guide-Dress And Appearance.
School Uniform Dress Policies And Students' Freedom Of Expression Rights.
Early Legal Challenges.
Handling Gang Violence In Schools.
Gang Characteristics And Membership.
Administrative Guide-Gang Violence.
Zero Tolerance And School Safety.
Zero Tolerance In The 90's.
Recent Zero Tolerance Practices.
Administrative Guide-Zero Tolerance.
Procedural And Substantive Due Process.
Search And Seizure.
Involvement Of Law Enforcement Officials.
Use Of Canines.
Administrative Guide-Search And Seizure.
Administrative Guide-Drug Testing-Student Athletes.
No-Pass, No Play Rule.
Administrative Guide-No-Pass, No Play.
The Use Of Pagers And Cellular Phones.
Administrative Guide-Pagers And Cellular Phones.
Minimal Due Process.
Administrative Guide-Corporal Punishment.
Administrative Guide-Classroom Harassment.
Administrative Guide-Pregnant And Married Students.
4. Individuals With Disabilities.
Individuals With Disabilities Education.
Act Of 1990 (Idea).
National Council On Disability.
Interpretation And Identification Of Disabled Children.
Individualized Education Program Requirement.
Equal Access To Assistive Technology For Disabled Students.
Program Review And Changes.
Education-Related Service Requirement.
Least Restrictive Environment.
Inclusion Of Disabled Children.
Length Of School Year.
Private School Placement.
Disciplining Students With Disabilities.
Individuals With Disabilities Act 1997.
Amendments Regarding Discipline.
Administrative Guide-Student Disabilities.
Attention Deficit Hyperactivity Disorder And Federal Protection.
Correctable Illnesses And ADA.
Administrative Guide-Americans With Disabilities.
5. School Personnel And School District Liability.
The School As A Safe Place.
Limiting Liability For School Violence.
Schools As Safe Places.
School Violence And Negligence.
Emerging Legal Issues.
Freedom Of Expression-Prohibitions And School Violence.
Administrative Guide-School Violence.
Legal Challenges Related To School Gangs.
Duty Of Care And Gang Violence.
Administrative Guide-Gang Violence.
Liability Of School Personnel.
Parental Access To School Premises.
Assault Involving Physical Fights.
Libel And Slander.
Trespass To Personal Property.
Standard Of Care.
Breach Of Duty.
Defenses For Negligence.
Assumption Of Risk.
Duties Of Supervision.
Supervision Before School.
Supervision During The School Day.
Supervision After School.
Parental Consent And Written Waivers.
Liability Involving Civil Rights Statutes.
Administrative Guides Liability.
Professionalism In Education.
School Based Management.
Educational Malpractice Cases.
Administrative Guide-Educational Malpractice.
6. Liability And Student Records.
Sanctions For Violating Family Privacy Rights.
Rights Of Parents.
Rights Of Non-Custodial Parents.
Rights Of Eligible Students.
Rights Of School Personnel Enforcement Of State Or Federal Statutes.
Defamation Involving School Personnel.
Acts Of Malice.
Defenses Against Defamation.
Administrative Guide-Liability And Student Records.
7. Teacher Freedoms.
Substantive And Procedural Considerations.
Freedom Of Expression.
Speech Outside The School Environment.
Freedom Of Association.
Membership In Subversive Organizations
Right To Hold Office.
Participation In Political Campaigns.
Dress And Grooming.
Community Norms And Expectations.
Unwed Pregnant Teachers.
Right To Privacy.
Administrative Guides Teacher Freedoms.
Title Vii - Religious Discrimination.
Administrative Guide-Religious Discrimination.
8. Discrimination In Employment.
Title Vii, Discrimination.
Disability And Employment Discrimination.
The Rehabilitation Act Of 1973 And The Americans With Disabilities Act Of 1990.
Qualifications For Employment.
Scope Of Protection: Section 504 And ADA.
Affirmative Action California And Proposition 209.
Pregnancy And Public School Employment.
Sexual Harassment - Prohibition.
Issues Involving National Origin: Proposition 187.
9. Tenure, Dismissal And Due Process.
Acquisition Of Tenure.
Tenure For Principals.
Administrative Guide-Principal Tenure.
Dismissal For Cause.
Homosexuality And Employment.
Sexual Advances Toward Students.
Financial Exigency (Abolition Of Positions).
Administrative Guide-Financial Exigency.
Good Or Just Cause.
Administrative Guide-Good Or Just Cause.
Private Sector Versus Public Sector Bargaining.
Scope Of Collective Bargaining.
Impasse And Bargaining.
Administrative Guide-Collective Bargaining.
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