School Law and the Public Schools: A Practical Guide for Educational Leaders / Edition 3

School Law and the Public Schools: A Practical Guide for Educational Leaders / Edition 3

4.0 3
by Nathan L. Essex

ISBN-10: 020541205X

ISBN-13: 9780205412051

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,


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 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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Product Details

Allyn & Bacon, Inc.
Publication date:
Edition description:
Product dimensions:
9.10(w) x 6.90(h) x 0.70(d)

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.
State Constitution.
Court Or Case Law.
School Board Policies.
The U.S. System Of Courts.
Federal Courts.
State Courts.
Courts Of General Jurisdiction.
Courts Of Special Jurisdiction.
Intermediate Appellate Courts.
Appellate Courts.
Analysis Of An Appellate Court Opinion.
Case (Citation).
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.
Silent Prayer-Meditation.
Aid To Parochial Schools.
Aid To Religious Schools.
Religious Symbols.
Religious Displays.
Prayer At School Events.
Athletic Contests.
Prayer At Athletic Contests.
Student Led Prayer At Public School Events.
Administrative Guide-Prayer, Bible Reading And Silent Meditation.
Voluntary Prayer At Commencement.
Landmark Rulings.
Impact Of Recent Ruling.
Prayer At School Board Meetings.
Administrative Guide-Prayer At School Events.
Use Of School Facilities By Religious Student Groups.
Legal Precedents.
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.
Student Publications.
Administrative Guide-Censorship.
School Use Of The Internet.
Administrative Guide-Use Of Internet.
Dress And Appearance.
Health And Safety Issues.
Administrative Guide-Dress And Appearance.
Gang Dress.
School Uniform Dress Policies And Students' Freedom Of Expression Rights.
Early Legal Challenges.
Administrative Guide-Uniforms.
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.
Controversial Slogans.
School Suspension.
Administrative Guide-Suspension.
Procedural And Substantive Due Process.
Administrative Guide-Expulsion.
Search And Seizure.
Reasonable Suspicion.
Student Desks.
Student Lockers.
Book Bags.
Personal Searches.
Strip Searches.
Involvement Of Law Enforcement Officials.
Use Of Canines.
Metal Detectors.
Administrative Guide-Search And Seizure.
Drug Testing.
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.
Corporal Punishment.
Reasonable Punishment.
Minimal Due Process.
Excessive Punishment.
Administrative Guide-Corporal Punishment.
Classroom Harassment.
Administrative Guide-Classroom Harassment.
Pregnant Students.
Married Students.
Administrative Guide-Pregnant And Married Students.

4. Individuals With Disabilities.
Individuals With Disabilities Education.
Act Of 1990 (Idea).
Mandatory Requirements.
National Council On Disability.
Interpretation And Identification Of Disabled Children.
Prereferral Intervention.
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.
Residential Placement.
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.
Individual Liability.
Vicarious Liability.
Parental Access To School Premises.
Intentional Torts.
Assault Involving Physical Fights.
Libel And Slander.
Mental Distress.
False Imprisonment.
Trespass To Personal Property.
Unintentional Torts.
Standard Of Care.
Breach Of Duty.
Proximate Cause.
Defenses For Negligence.
Contributory Negligence.
Assumption Of Risk.
Comparative Negligence.
Immunity Costs.
Duties Of Supervision.
Supervision Before School.
Supervision During The School Day.
Supervision After School.
Field Trips.
Parental Consent And Written Waivers.
Liability Involving Civil Rights Statutes.
Administrative Guides Liability.
Educational Malpractice.
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.
Good Faith.
Acts Of Malice.
Defenses Against Defamation.
Good Faith.
Administrative Guide-Liability And Student Records.

7. Teacher Freedoms.
Substantive And Procedural Considerations.
Freedom Of Expression.
Speech Outside The School Environment.
Academic Freedom.
Freedom Of Association.
Membership In Subversive Organizations
Political Rights.
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.
Religious Freedoms.
Title Vii - Religious Discrimination.
Administrative Guide-Religious Discrimination.

8. Discrimination In Employment.
Title Vii, Discrimination.
Sexual 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.
Gender Discrimination.
Racial Discrimination
Affirmative Action California And Proposition 209.
Age Discrimination.
Pregnancy And Public School Employment.
Administrative Guide-Discrimination.
Sexual Harassment - Prohibition.
Issues Involving National Origin: Proposition 187.

9. Tenure, Dismissal And Due Process.
Acquisition Of Tenure.
Administrative Guide-Tenure.
Tenure For Principals.
Administrative Guide-Principal Tenure.
Dismissal For Cause.
Homosexuality And Employment.
Unprofessional Conduct.
Criminal Activity.
Sexual Advances Toward Students.
Administrative Guide-Dismissal.
Financial Exigency (Abolition Of Positions).
Administrative Guide-Financial Exigency.
Good Or Just Cause.
Administrative Guide-Good Or Just Cause.
Collective Bargaining.
Private Sector Versus Public Sector Bargaining.
State Involvement.
Scope Of Collective Bargaining.
Impasse And Bargaining.
Legal Issues.
Worker's Compensation.
Administrative Guide-Collective Bargaining.

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