School Law

Overview

Education of America’s school children always has been and always will be a hot-button issue. From what should be taught to how to pay for education to how to keep kids safe in schools, impassioned debates emerge and mushroom, both within the scholarly community and among the general public. This volume in the point/counterpoint Debating Issues in American Education reference series tackles the topic of school law. Fifteen to twenty chapters explore such varied issues as academic freedom, copyright, privacy ...

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Overview

Education of America’s school children always has been and always will be a hot-button issue. From what should be taught to how to pay for education to how to keep kids safe in schools, impassioned debates emerge and mushroom, both within the scholarly community and among the general public. This volume in the point/counterpoint Debating Issues in American Education reference series tackles the topic of school law. Fifteen to twenty chapters explore such varied issues as academic freedom, copyright, privacy rights of students and of teachers, due process rights, unions and collective bargaining, and more. Each chapter opens with an introductory essay by the volume editor, followed by point/counterpoint articles written and signed by invited experts, and concludes with Further Readings and Resources, thus providing readers with views on multiple sides of legal issues within the school setting and pointing them toward more in-depth resources for further exploration.

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Product Details

Meet the Author

Charles J. Russo, JD, Ed D, is the Joseph Panzer Chair in Education in the School of Education and Allied Professions and adjunct professor in the School of Law at the University of Dayton. He was the 1998–1999 president of the Education Law Association and 2002 recipient of its Mc Ghehey (Achievement) Award. He has authored or coauthored more than 200 articles in peer-reviewed journals; has authored, coauthored, edited, or coedited 40 books; and has in excess of 800 publications. Russo also speaks extensively on issues in education law in the United States and abroad.

Along with having spoken in 33 states and 25 nations on 6 continents, Russo has taught summer courses in England, Spain, and Thailand; he also has served as a visiting professor at Queensland University of Technology in Brisbane and the University of Newcastle, Australia; the University of Sarajevo, Bosnia and Herzegovina; South East European University, Macedonia; the Potchefstroom Campus of North-West University in Potchefstroom, South Africa; the University of Malaya in Kuala Lumpur, Malaysia; and the University of São Paulo, Brazil. He regularly serves as a visiting professor at the Potchefstroom Campus of North-West University.

Before joining the faculty at the University of Dayton as professor and chair of the Department of Educational Administration in July 1996, Russo taught at the University of Kentucky in Lexington from August 1992 to July 1996 and at Fordham University in his native New York City from September 1989 to July 1992. He taught high school for 8½ years before and after graduation from law school. He received a BA (classical civilization) in 1972, a JD in 1983, and an Ed D (educational administration and supervision) in 1989 from St. John’s University in New York City. He also received a master of divinity degree from the Seminary of the Immaculate Conception in Huntington, New York, in 1978, as well as a Ph D Honoris Causa from the Potchefstroom Campus of North-West University, South Africa, in May 2004 for his contributions to the field of education law.

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Table of Contents

About the Editors-in-Chief ix

About the Volume Editor xi

About the Contributors xii

Introduction xv

1 Academic Freedom: Should K-12 Teachers Have Greater Control of the Content of the Curricula They Teach? 1

Overview Charles J. Russo 1

Point Ralph Sharp 4

Counterpoint Marilyn Denison 11

2 Should the Current Limits on Educational Use of Copyrighted Materials and Intellectual Property Be Revised to Give Schools More Latitude and Guidance? 21

Overview Ralph D. Mawdsley 21

Point Clayton H. Slaughter 24

Counterpoint Amanda Harmon Cooley 30

3 Should Schools Have the Authority to Require Students to Wear Uniforms? 38

Overview Charles J. Russo 38

Point Richard Fossey 41

Counterpoint Todd A. DeMitchell 48

4 Should Students Be Subject to Random Drug Testing? 57

Overview Charles J. Russo 57

Point Robert C. Cloud 60

Counterpoint Luke M. Cornelius 66

5 Should Teachers Be Subject to Drug Testing? 74

Overview Allan G. Osborne 74

Point Robert C. Cloud 77

Counterpoint Richard Fossey 82

6 Are the Disciplinary Standards Under the Individuals with Disabilities Education Act Fair to All Students? 90

Overview Charles J. Russo 90

Point Allan G. Osborne 93

Counterpoint Robert J. Safransky 100

7 Are School Boards Adequately Meeting the IDEA'S Requirement of Providing a Free Appropriate Public Education for All Students With Disabilities? 108

Overview Allan G. Osborne 108

Point Timothy E. Morse 112

Counterpoint Margie W. Crowe 119

8 Do Current Laws Adequately Protect the Educational Rights of Homeless Children? 127

Overview Allan G. Osborne 127

Point Emily Richardson 130

Counterpoint Allison S. Fetter-Harrott 136

9 Are the Tests That the Supreme Court Provided in Dealing With Peer-to-Peer and Teacher-on-Student Sexual Harassment Workable? 144

Overview Charles J. Russo 144

Point Stacey L. Edmonson 147

Counterpoint Mark Littleton 152

10 Should Charges of Sexual Misconduct Against Teachers Be Public Records? 160

Overview Allan G. Osborne 160

Point Ralph D. Mawdsley 164

Counterpoint James L. Mawdsley 169

11 Should There Be Limits on Student Free Speech? 176

Overview Charles J. Russo 176

Point Richard Fossey 179

Counterpoint Jeffrey C. Sun 185

12 Should There Be Limits on Teacher Free Speech Rights? 193

Overview Allan G. Osborne 193

Point Robert C. Cloud 196

Counterpoint Jeffrey C. Sun 204

13 Should Educational Malpractice Be Actionable? 213

Overview Charles J. Russo 213

Point Ralph D. Mawdsley 216

Counterpoint James L. Mawdsley 221

14 Do Teachers Have Adequate Rights When They Are Subject to the Termination of Their Employment? 228

Overview Jeffrey C. Sun 228

Point Michelle Gough McKeown 232

Counterpoint Allison S. Fetter-Harrott 237

15 Do Teacher Unions and Collective Bargaining Improve the Terms and Conditions of Teacher Employment? 244

Overview Charles J. Russo Ralph D. Mawdsley 244

Point Bruce S. Cooper 247

Counterpoint Michael J. Jernigan 252

Index 261

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