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

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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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Editorial Reviews

Provides practical knowledge of legal issues that affect the organization and administration of public schools. Begins with a discussion of major legal issues followed by relevant constitutional, statutory, and case law. A unique feature of this book is its focus on developing administrative guidelines that address the issues discussed in each chapter. These guidelines help readers in their day-to-day decisions and actions as they encounter legal challenges. Appendices include selected constitutional provisions and federal statutes and a glossary of legal terms. Annotation c. Book News, Inc., Portland, OR (
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Product Details

  • ISBN-13: 9780205412051
  • Publisher: Allyn & Bacon, Inc.
  • Publication date: 4/30/2004
  • Edition description: REV
  • Edition number: 3
  • Pages: 304
  • Product dimensions: 9.10 (w) x 6.90 (h) x 0.70 (d)

Table of Contents

List of cases
About the author
Ch. 1 Legal framework affecting public schools 1
Sources of law 1
The U.S. system of courts 5
Analysis of an appellate court opinion 7
The supreme court 9
Ch. 2 Religion and the public schools 12
School sponsored prayer 13
School sponsored Bible reading 15
Silent prayer and meditation 16
Aid to parochial schools 17
Prayer at school events 20
Voluntary prayer at commencement exercises 23
Use of school facilities by religious student groups 26
Religious activities and holiday programs 32
Ch. 3 Students, the law, and public schools 43
Freedom of expression 44
Dress and appearance 52
Search and seizure 54
"No pass, no play" rule 63
Use of pagers and cellular phones 64
Corporal punishment 65
Classroom harassment 73
Pregnant students 76
Married students 77
Ch. 4 Due process and student safety 82
Homeland security 82
Handling gang violence in schools 86
School uniform dress policies, school safety, and students' freedom of expression rights 88
Zero tolerance and school safety 89
School suspension 94
Expulsion 97
Metal detectors 100
Drug testing 101
Ch. 5 Individuals with disabilities 105
Individuals with disabilities education act of 1990 (IDEA) 107
National council on disability 109
Disciplining students with disabilities 120
Individuals with disabilities education act of 1997 124
Ch. 6 School personnel and school district liability 135
The school as a safe place 135
Limiting liability for school violence 136
Liability of school personnel 141
Intentional torts 145
Unintentional torts 149
Defenses for negligence 152
Duties of supervision 157
Liability involving civil rights statutes 162
Ch. 7 Liability and student records 168
Sanctions for violating family privacy rights 168
Rights of parents 170
Rights of noncustodial parents 171
Rights of eligible students 171
Rights of school personnel 171
Enforcement of state or federal statutes 172
Family education rights and privacy act 172
No child left behind act of 2001 174
Defamation involving school personnel 177
Defenses against defamation 182
Ch. 8 Teacher freedoms 187
Substantive and procedural considerations 187
Freedom of expression 188
Freedom of association 195
Dress and grooming 198
Right to privacy 202
Religious freedoms 205
Title VII : religious discrimination 209
Ch. 9 Discrimination in employment 214
Title VII : discrimination 214
The rehabilitation act of 1973 and the Americans with disabilities act of 1990 218
Affirmative action : California and proposition 209 226
Pregnancy and public school employment 233
Issues involving national origin : proposition 187 238
Ch. 10 Recruitment, tenure, dismissal, and due process 243
Recruitment of personnel 243
Tenure 245
Dismissal for cause 251
Collective bargaining 269
Ch. 11 The instructional program 279
Control of public schools 279
Compulsory attendance 280
Health requirements 283
Residence 284
Curriculum standards 285
No child left behind act of 2001 287
Use of the internet for instruction 290
Grading and academic requirements 294
Educational malpractice 301
Ch. 12 School desegregation 308
De Jure segregation 308
Brown II implementation 309
Free transfer and freedom of choice program 312
The civil rights act of 1964 315
Intra-district segregation 316
App. A The constitution of the United States : provisions and amendments affecting education 324
App. B Summary of relevant federal statutes 329
Glossary of relevant legal terms 347
Index 351
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