Education Law / Edition 4

Education Law / Edition 4

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Taylor & Francis


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Education Law / Edition 4

Education Law provides a comprehensive survey of the legal problems and issues that confront school administrators and policymakers. The book is organized around the belief that students need to read cases to understand the subtlety and richness of the law, but for legal neophytes, cases without discussion and interpretation are often too difficult to comprehend. Thus the text both explains the important concepts and principles of education law and presents court decisions to illuminate them. The greater the likelihood of litigation or error in a particular area of professional practice the more extensive the discussion. The text also discusses the implications of the law for educational policy and practice. Key features include the following:

  • Presentation – To aid comprehension, technical terms are carefully explained when first introduced and discussions of complex topics move logically from overview to elaboration of important details to summary of key topics and principles.
  • New Material – All chapters have been updated to include the case law and legislation of the past 5 years. About half have undergone major revision. The table of cases contains about 300 more entries and the index almost 200 more entries than in the third edition.

Product Details

ISBN-13: 9780415803731
Publisher: Taylor & Francis
Publication date: 10/06/2009
Edition description: Older Edition
Pages: 672
Product dimensions: 7.00(w) x 9.90(h) x 1.40(d)

Table of Contents

1Understanding Education Law1
1.1Forms of Law1
1.2The Courts and Education Law5
1.3The Judicial System6
1.4Elements of a Judicial Decision9
1.5Legal Citations12
2Compulsory Education16
2.1Compulsory Education Laws: An Overview17
Pierce v. Society of Sisters18
2.2Exemptions from Compulsory Education21
Wisconsin v. Yoder22
2.3Admission Requirements and School Assignment30
2.4Government Regulation of Private and Home Schools35
Meyer v. Nebraska35
2.5Government Assistance to Private Schools46
Zelman v. Simmons-Harris54
3.1Control of the Public School Program: An Overview62
3.2Statutory Limitations on School Board Control of Curriculum66
3.3Objections to Religious Observances in Public Schools67
School District of Abington Township v. Schempp68
Florey v. Sioux Falls School District 49-579
3.4Religious and Moral Objections to Course Content and Materials85
Smith v. Board of School Commissioners of Mobile County88
3.5Free Speech and Related Objections to Programs and Policies94
Virgil v. School Board of Columbia County100
3.6Objections to Discriminatory Material103
3.7Federal Statutory Restrictions on School Programs105
4Student Free Speech Rights115
4.1Freedom of Expression: An Overview116
4.2Independent Student Speech120
Tinker v. Des Moines Independent School District121
4.3School-Sponsored Speech134
Hazelwood School District v. Kuhlmeier135
Bethel School District No. 403 v. Fraser141
4.4Off-Campus Speech146
Thomas v. Board of Education147
4.5Freedom of Association and Use of School Facilities150
5Student Discipline157
5.1The Making of Rules159
5.2The Use of Force to Control Students164
5.3The Investigation of Misconduct165
New Jersey v. T.L.O.169
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls179
5.4The Adjudication of Guilt184
Goss v. Lopez185
Gonzales v. McEuen191
5.5The Assignment of Punishment198
6Equal Educational Opportunity: Race and Gender205
6.1The Equal Protection Clause and Racial Discrimination206
6.2Historical Perspective: Equal Protection Prior to Brown v. Board of Education207
6.3Racial Segregation211
Brown v. Board of Education (Brown I)211
6.4Remedying De Jure Segregation218
Brown v. Board of Education (Brown II)218
6.5Other Forms of Racial Discrimination226
Hawkins v. Coleman227
6.6Affirmative Action and Voluntary Racial Integration230
6.7The Equal Protection Clause and Gender Discrimination235
Garrett v. Board of Education of School District of Detroit238
6.8Federal Antidiscrimination Statutes241
6.9Racial and Sexual Harassment245
7Students with Special Needs254
7.1Historical Perspectives: The Education of Children with Disabilities255
7.2The Rehabilitation Act and the Americans with Disabilities Act256
7.3The Individuals with Disabilities Education Act262
Board of Education of Hendrick Hudson Central School District v. Rowley267
Daniel R.R. v. State Board of Education277
7.4English Language Learners290
Castaneda v. Pickard293
7.5Classification by Age and Ability302
8School Finance305
8.1A Legal Perspective on School Finance306
8.2The Federal Constitution and School Finance308
San Antonio Independent School District v. Rodriguez311
8.3State Constitutions and School Finance318
Seranno v. Priest320
Rose v. Council for Better Education, Inc.326
8.4Local School Board Authority to Raise and Spend Money335
9Federal Constitutional and Statutory Rights of Teachers340
9.1Political Activity and Noncurricular Speech341
Pickering v. Board of Education344
9.2Academic Freedom and Curricular Speech351
9.3Privacy, Morality, and Lifestyle356
9.4Race, Ethnicity, and Gender365
Wygant v. Jackson Board of Education368
Richardson v. Lamar County Board of Education376
10Teacher Employment399
10.1Eligibility for Employment399
10.2Assignment, Transfer, and Demotion401
10.3Probationary Teachers: Evaluation, Renewal, and Tenure402
10.4Dismissal for Cause404
In re Proposed Termination of James E. Johnson412
Youngman v. Doerhoff414
Board of Education of Long Beach Unified School District v. Jack M.422
Krizek v. Cicero-Stickney Township High School District No. 201426
10.5Procedural Due Process431
Hortonville Joint School District No. 1 v. Hortonville Education Association435
10.6Reduction in Force440
10.7Leaves of Absence441
10.8Workers' Compensation442
11Collective Bargaining, Unions, and Teacher Contracts446
11.1Collective Bargaining for Teachers: An Overview446
11.2Rights of Union Members451
Armstrong Education Association v. Armstrong School District454
11.3Rights of Nonunion Members457
Abood v. Detroit Board of Education459
11.4Rights and Duties in Collective Bargaining466
Chee-Craw Teachers Association v. Unified School District No. 247, Crawford County468
11.5Grievance Procedures472
11.6Individual Teacher Contracts474
Bottineau Public School District No. 1 v. Currie479
12.1Intentional Torts: Battery, Assault, False Imprisonment, and Intentional Infliction of Mental Distress487
12.2Defamation and Employee Letters of Reference491
12.3Invasion of Privacy, Student Records, and the Duty to Report Child Abuse498
Barbin v. State511
Broward County School Board v. Ruiz514
Hoyem v. Manhatten Beach School District516
12.5Negligent Hiring and Vicarious Liability521
12.6Liability for Dangerous Buildings and Grounds525
12.7Educational Malpractice528
12.8Governmental Immunity and Statutes Affecting Tort Suits529
12.9Section 1983 and Tortious Violations of Federal Law532
Jefferson v. Ysleta Independent School District535
The Constitution of the United States543
Table of Cases547

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