American Public School Law

by Alexander, Kern

• ISBN13: 9780534274245
• ISBN10: 0534274242
• Edition: 6th
• Format: Hardcover
• Copyright: 2004-07-23
• Publisher: Wadsworth Publishing

Summary

1. The Legal System. 2. Historical Perspective of Public Schools. 3. Role of the Federal Government. 4. Governance of Public Schools. 5. Church and State. 6. School Attendance. 7. The Instructional Program. 8. Student Rights: Speech, Expression, and Privacy. 9. Student Rights: Common Law, Constitutional Due Process, and Statutory Protections. 10. Rights of Students with Disabilities. 11. Tort Liability. 12. Defamation and Student Records. 13. School District Liability. 14. Certification, Contracts, and Tenure. 15. Teacher Rights and Freedoms. 16. Due Process Rights of Teachers. 17. Discrimination in Employment. 18. Collective Bargaining. 19. Desegregation of Public Schools. 20. School Finance. 21. School Property and Buildings. Appendixes.

Table of Contents

Table of Cases	xv
Preface	xxxvii
The Legal System	1	(20)
The Nature of Public School Law	1	(2)
Constitutions	2	(1)
Statutes	2	(1)
Court (or Case) Law	3	(1)
Common Law	3	(1)
Powers and Functions of Courts	3	(3)
Applying Principles	4	(1)
Interpreting Statutes	4	(1)
Determining Constitutionality	4	(2)
The Purpose of Law	6	(1)
An Invitation to Jurisprudence	6	(1)
Harry W. Jones
Stare Decisis	6	(1)
Nature and Authority of Judicial Precedents	6	(1)
Henry Campbell Black
Rule of Law	7	(1)
The Role of Precedent in Judicial Decision	8	(1)
John Hanna
Understanding Judicial Decisions	8	(1)
Case or Controversy	9	(2)
A Legitimate Controversy	10	(1)
The American Court System	11	(4)
State Courts	11	(1)
Federal Courts	12	(3)
The Role of the Supreme Court in American Society	15	(1)
Archibald Cox
Vertical Judicial Federalism: The Legal Context	15	(2)
Process of Going to Court	17	(4)
Historical Perspective of Public Schools	21	(41)
America's First School Laws	22	(1)
The Puritan Influence	22	(1)
A System of Education	23	(2)
Education and Natural Law	25	(1)
Common School and Democracy	26	(1)
The Struggle for Public Schools	26	(1)
Defining the Public Schools	27	(1)
The Massachusetts Law of 1647	28	(1)
Preamble to a Bill for the More General Diffusion of Knowledge (1779)	28	(1)
Education, the Balance-Wheel of Social Machinery, Horace Mann's Twelfth Report (1848)	29	(1)
Education Provisions of State Constitutions	29	(2)
McDuffy v. Secretary of the Executive Office of Education	31	(5)
Education Provisions as Limitations on Legislature	36	(1)
Education as a Fundamental Right under State Constitutions	36	(2)
Claremont School District v. Governor	38	(2)
Judicial Approval of Common Schools	40	(1)
Commonwealth v. Hartman	40	(1)
Expansion of Public Schools	41	(2)
Charter Schools	43	(2)
Council of Organizations of Others for Education about Parochiad v. Governor	45	(4)
Tuition and Fees in Public Schools	49	(1)
Randolph County Board of Education v. Adams	50	(2)
Cardiff v. Bismarck Public School District	52	(4)
Hartzell v. Connell	56	(6)
Role of the Federal Government	62	(36)
The Land Ordinances	63	(2)
Indirect Federal Role	65	(1)
Sources of the Federal Role	65	(2)
Structural Provisions in the Constitution	67	(5)
Tenth Amendment and State Sovereignty	67	(2)
General Welfare and Education	69	(1)
Commerce Clause and Education	70	(2)
United States v. Lopez	72	(4)
Supremacy Clause	74	(2)
Shepheard v. Godwin	76	(5)
Obligation of Contracts	78	(1)
Eleventh Amendment Immunity	78	(3)
Rights Provisions in the Constitution	81	(5)
Bill of Rights and Absorption by the Fourteenth Amendment	81	(2)
First Amendment	83	(1)
Fourth Amendment	83	(1)
Fifth Amendment	84	(1)
Eighth Amendment	84	(1)
Ninth Amendment	85	(1)
Fourteenth Amendment	85	(1)
Fundamental Rights and Education	86	(3)
San Antonio Independent School District v. Rodriguez	89	(3)
Education as a Unique Governmental Function	92	(1)
Kadrmas v. Dickinson Public Schools	93	(5)
Governance of Public Schools	98	(51)
Education as a State Function	99	(1)
Limits of State Control	100	(1)
State ex rel. Clark v. Haworth	101	(2)
State and Local Educational Agencies	103	(2)
McGilvra v. Seattle School District No. 1	105	(1)
Clark v. Jefferson County Board of Education	106
Functions of Education Agencies	103	(6)
Delegation of Legislative Powers	108	(1)
In the Petition to Transfer Territory from High School District No. 6, Lame Deer, Rosebud County, Montana, to High School District No. 1, Hardin, Big Horn County v. Lame Deer High School District	109	(4)
Executive Functions	112	(1)
School District No. 39 of Washington County v. Decker	113	(4)
Quasi-Judicial Functions	116	(1)
Hortonville Joint School District No. 1 v. Hortonville Education Association	117	(2)
Judicial Review of School Board Actions	119	(2)
Sioux City Community School District v. Iowa Department of Education	121	(3)
Authority of Interscholastic Organizations	124	(1)
Quimby v. School District No. 21 of Pinal County	125	(2)
School Officers	127	(1)
Smith v. Dorsey	128	(2)
Williams v. Augusta County School Board	130	(1)
School Elections	131	(2)
Hadley v. Junior College District of Metropolitan Kansas City, Mo.	133	(2)
School Board Meetings	135	(1)
Aldridge v. School District of North Platte	136	(3)
Open Meetings and Public Records Laws	139	(2)
Open Meetings	139	(1)
Public Records	140	(1)
Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Bernasconi	141	(2)
Hovet v. Hebron Public School District	143	(6)
Church and State	149	(99)
Wall of Separation	150	(2)
Religious Intolerance	152	(1)
Colonial Establishments	153	(1)
Religious Assessments	154	(1)
An Act for Establishing Religious Freedom, Thomas Jefferson	155	(1)
Memorial and Remonstrance against Religious Assessments, James Madison	156	(2)
Church Opposition to Schools of the Republic	158	(2)
The Public School and Religion	160	(2)
Public Taxation to Support Religious Schools	162	(1)
Everson v. Board of Education	162	(3)
Board of Education of Central School District No. 1 v. Allen	165	(3)
The Establishment Clause and the Lemon Test	168	(1)
The Lemon Test	168	(1)
Lemon v. Kurtzman	168	(6)
The Wall Begins to Crumble	173	(1)
Mueller v. Allen	174	(6)
The Marginalizing of Lemon	177	(1)
The Establishment Clause Reduced	178	(2)
Zobest v. Catalina Foothills School District	180	(2)
Agostini v. Felton	182	(3)
Mitchell v. Helms	185	(7)
New Theories of Church and State	192	(3)
Separation	192	(1)
Non-Preferential Subsidization	193	(2)
Noncoercive Subsidization	195	(1)
Vouchers	195	(2)
Zelman v. Simmons-Harris	197	(4)
Antiestablishment Provisions in State Constitutions	201	(4)
Dickman v. School District No. 62 C	205	(2)
Released Time for Religious Instruction	207	(1)
Illinois ex rel. McCollum v. Board of Education of School District No. 71, Champaign County, Illinois	208	(1)
Zorach v. Clauson	209	(2)
Secularization of Public Schools: Prayer and Bible Reading	211	(4)
A Bifurcated Standard	211	(1)
Volitional Exercises	212	(1)
Secular Purpose	212	(1)
Silent Meditation	212	(1)
Student-Initiated Religious Speech	213	(1)
Prayer at Graduation and Extracurricular Activities	214	(1)
School District of Abington Township v. Schempp and Murray v. Curlett	215	(2)
Wallace v. Jaffree	217	(3)
Lee v. Weisman	220	(2)
Santa Fe Independent School District v. Doe	222	(6)
Equal Access Act	228	(1)
Board of Education of the Westside Community Schools v. Mergens	228	(8)
Facilities	236	(1)
Good News Club v. Milford Central School	237	(3)
Flag Salute	240	(1)
West Virginia State Board of Education v. Barnette	241	(7)
School Attendance	248	(48)
State Prerogative	249	(1)
Plyler v. Doe	250	(4)
Martinez v. Bynum	254	(3)
Compulsory School Attendance	257	(5)
Parens Patriae	258	(2)
Instruction in Private Schools	260	(1)
Equivalent Instruction	261	(1)
Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary	262	(2)
The Amish Exception	264	(1)
Wisconsin v. Yoder	265	(4)
Johnson v. Charles City Community Schools Board of Education	269	(3)
Home Schooling	272	(6)
Swanson v. Guthrie Independent School District I-L	278	(2)
Murphy v. State of Arkansas	280	(3)
In re interest of Rebekah T.	283	(4)
Other Reasons for Nonattendance	287	(1)
Excessive Absences	287	(1)
Travel	287	(1)
Illness	287	(1)
Marriage	288	(1)
Vaccination	288	(2)
Maack v. School District of Lincoln	290	(6)
The Instructional Program	296	(68)
Marketplace of Ideas	297	(1)
Judicial Deference to School Officials	297	(2)
Limitation on State Power	299	(1)
State ex rel. Andrews v. Webber	299	(2)
Sandlin v. Johnson	301	(1)
Meyer v. Nebraska	302	(2)
Immediato v. Rye Neck School District	304	(5)
Curriculum and the Pall of Orthodoxy	309	(1)
Board of Education, Island Trees Union Free School District No. 26 v. Pico	310	(4)
Counts v. Cedarville School District	314	(4)
Virgil v. School Board of Columbia County, Florida	318	(3)
Mozert v. Hawkins County Board of Education	321	(4)
Brown v. Woodland Joint Unified School District	325	(3)
Obscenity and Sex	328	(3)
Films	330	(1)
Leebaert v. Harrington	331	(4)
Keefe v. Geanakos	335	(2)
Boring v. Buncombe Co. Board of Education	337	(3)
Evolution versus Creationism	340	(3)
Epperson v. State of Arkansas	343	(1)
Edwards v. Aguillard	344	(3)
Student Testing and Promotion	347	(3)
Due Process and Testing	348	(1)
Equal Protection and Testing	349	(1)
Debra P. v. Turlington	350	(3)
Grading and Academic Requirements	353	(2)
Withholding Diploma	354	(1)
Grade Reduction	354	(1)
Grade Standards for Extracurricular Activities	355	(1)
Campbell v. Board of Education of Town of New Milford	355	(4)
Bilingual Education Programs	359	(1)
Lau v. Nichols	360	(4)
Student Rights: Speech, Expression, and Privacy	364	(66)
Freedom of Speech and Expression	365	(1)
Material and Substantial Disruption	366	(1)
Tinker v. Des Moines Independent School District	367	(2)
Bethel School District No. 403 v. Fraser	369	(3)
Chandler v. McMinnville School District	372	(3)
Student Appearance	375	(2)
Hair Length	375	(1)
School Uniforms	376	(1)
Canady v. Bossier Parish School Board	377	(4)
Forum Analysis Applied to Schools	381	(1)
Lamb's Chapel v. Center Moriches Union Free School District	382	(3)
Student Publications	385	(1)
Forum Analysis and Student Newspapers	386	(1)
Categories of Publications	387	(1)
School-Sponsored Publications	387	(1)
Underground Publications	387	(1)
Religious Publications	387	(1)
Hazelwood School District v. Kuhlmeier	388	(5)
The Internet and Free Speech	393	(1)
Beussink v. Woodland R-IV School District	394	(3)
Privacy: Search and Seizure	397	(7)
Reasonable Suspicion	398	(1)
T.L.O. and Reasonableness	398	(2)
Special Needs and the Expansion of School Search Powers	400	(1)
Canine Searches	401	(1)
Strip Searches	402	(1)
Metal Detector Searches	402	(1)
Exclusionary Rule	403	(1)
Liability for Illegal Search	403	(1)
New Jersey v. T. L. O.	404	(5)
Vernonia School District 47J v. Acton	409	(3)
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls	412	(5)
Cornfield v. Consolidated High School District No. 230	417	(3)
State of Iowa v. Jones	420	(4)
Isiah B. v. State of Wisconsin	424	(6)
Student Rights: Common Law, Constitutional Due Process, and Statutory Protections	430	(54)
Common Law and the Student	431	(2)
Reasonableness	432	(1)
In Loco Parentis	433	(1)
Wiemerslage v. Maine Township High School District 207	433	(2)
Constitutional Due Process	435	(1)
Substantive Due Process	435	(4)
More-Specific-Provision Rule	438	(1)
Conscience Shocking	438	(1)
Extension of Substantive Due Process	438	(1)
Dunn v. Fairfield Community High School District No. 225	439	(2)
Corporal Punishment and Substantive Due Process	441	(4)
Student Discipline at Common Law	441	(2)
The Eighth Amendment	443	(1)
Liberty Interests	443	(2)
Ingraham v. Wright	445	(3)
Procedural Due Process	448	(3)
Dixon v. Alabama State Board of Education	451	(1)
Goss v. Lopez	452	(3)
McClain v. Lafayette County Board of Education	455	(6)
Zero Tolerance	459	(2)
Sexual Harassment of Students	461	(3)
Deliberate Indifference	463	(1)
Franklin v. Gwinnett County Public Schools	464	(2)
Gebser v. Lago Vista Independent School District	466	(3)
Davis v. Monroe County Board of Education	469	(3)
Baynard v. Malone	472	(4)
Child Abuse	476	(2)
Reporting	477	(1)
Penalty for Failure to Report	477	(1)
Arkansas Department of Human Services v. Caldwell	478	(6)
Rights of Students with Disabilities	484	(65)
A History of Neglect	485	(2)
The Turning Point	486	(1)
The Mills Case	487	(1)
Mills v. Board of Education of District of Columbia	487	(4)
Education for All Handicapped Children Act (EAHCA)	491	(1)
Amendments to the EAHCA	491	(1)
Individuals with Diabilities Education Act (IDEA)	492	(2)
The 1997 Amendments to the IDEA	492	(1)
Attention Deficit Hyperactivity Disorder	493	(1)
Interpretation of the IDEA	494	(1)
Free Appropriate Public Education	494	(4)
Extended School Year	496	(1)
Regression-Recoupment Dilemma	496	(1)
Procedural Safeguards	497	(1)
Individualized Education Programs	498	(1)
Board of Education of Hendrick Hudson Central School District v. Rowley	499	(3)
Timothy W. v. Rochester School District	502	(6)
Least-Restrictive Environment	505	(3)
Oberti ex rel. Oberti v. Board of Education of Clementon School District	508	(5)
Beth v. Van Clay	513	(3)
Placement in Private Schools	516	(2)
The Burlington Test	517	(1)
Children with Disabilities in Sectarian Schools	518	(1)
Florence County School District Four v. Carter	518	(3)
Foley v. Special School District of St. Louis County	521	(2)
KDM v. Reedsport School District	523	(2)
Related Services	525	(1)
Irving Independent School District v. Tatro	526	(2)
Cedar Rapids Community School District v. Garret F.	528	(3)
Discipline and the ``Stay-Put'' Provision	531	(1)
The ``Stay-Put'' Provision	531	(1)
Honig v. Doe	532	(4)
Compensatory Education	536	(1)
Attorney's Fees	536	(1)
Eligibility for Fees	537	(1)
Private or Publicly Funded Attorneys	537	(1)
Liability for Reimbursement of Parents	537	(1)
Rehabilitation Act of 1973, Section 504	538	(2)
Difference Between Section 504 and the IDEA	539	(1)
Timothy H. v. Cedar Rapids Community School District	540	(3)
Section 504 and AIDS	542	(1)
The IDEA and AIDS	542	(1)
Martinez v. School Board of Hillsborough County	543	(6)
Tort Liability	549	(44)
Definition of a Tort	550	(1)
Intentional Interference	550	(3)
Assault	551	(1)
Battery	551	(1)
Interference with Peace of Mind	552	(1)
Spears v. Jefferson Parish School Board	553	(1)
Strict Liability	554	(1)
Fallon v. Indiana Trail School	555	(1)
Negligence	556	(4)
Standard of Conduct	557	(1)
The Reasonable Person	557	(1)
Elements to Negligence	557	(1)
Duty	557	(1)
Standard of Care	558	(1)
Proximate or Legal Cause	559	(1)
Injury or Actual Loss	560	(1)
Brown v. Tesack	560	(3)
Brownell v. Los Angeles Unified School District	563	(2)
Johnson v. School District of Millard	565	(4)
Richardson v. Corvallis Public School District No. 1	569	(1)
Defenses for Negligence	570	(2)
Contributory Negligence	571	(1)
Comparative Negligence	571	(1)
Assumption of Risk	571	(1)
Immunity	572	(1)
Wallmuth v. Rapides Parish School Board	572	(3)
Stevens v. Chesteen	575	(2)
Hutchinson v. Toews	577	(2)
Aaris v. Las Virgenes Unified School District	579	(2)
Hammond v. Board of Education of Carroll County	581	(4)
Exculpatory Releases	584	(1)
Wagenblast v. Odessa School District No. 105-157-166J	585	(2)
Educational Malpractice	587	(1)
Donohue v. Copiague Union Free School District	588	(5)
Defamation and Student Records	593	(38)
Defamation Defined	594	(1)
Defamation in Public Schools	594	(4)
Privilege	595	(1)
Good Faith	596	(1)
Defamation Per Se and Per Quod	597	(1)
Public Officials and Figures	598	(3)
Malice	600	(1)
Truth	601	(1)
Hett v. Ploetz	601	(2)
Desselle v. Guillory	603	(3)
Phillips v. Lincoln County School District	606	(2)
Milkovich v. Lorain Journal Co.	608	(4)
Richmond Newspapers, Inc., v. Lipscomb	612	(4)
Johnson v. Robbinsdale Independent School District No. 281	616	(5)
Student Records	621	(1)
Family Educational Rights and Privacy Act	621	(3)
No Child Left Behind Act of 2001	623	(1)
Individual Right to Damages	623	(1)
Parental Rights	623	(1)
Posting of Grades	624	(1)
Student-Graded Work	624	(1)
Owasso Independent School District v. Falvo	624	(7)
School District Liability	631	(38)
Sovereign Immunity	632	(1)
Molitor v. Kaneland Community Unit District No. 302	633	(3)
Richardson v. Rankin County School District	636	(1)
Yanero v. Davis	637	(4)
Lentz v. Morris	641	(2)
Abrogation of Immunity	643	(1)
Discretionary Functions	643	(1)
Mosley v. Portland School District No. 1J	644	(2)
Ette ex rel. Ette v. Linn-Mar Community School District	646	(3)
Insurance Waiver of Immunity	649	(1)
Dugger v. Sprouse	649	(1)
Proprietary Functions	650	(1)
Licensees and Invitees	651	(1)
Tanari v. School Directors of District No. 502	651	(2)
Nuisance	653	(1)
Hendricks v. Southfield Public Schools	654	(1)
Section 1983, Civil Rights Act of 1871 Liability	654	(3)
``Persons'' under the Act	655	(1)
School Board Liability under Section 1983	656	(1)
Official Negligence under Section 1983	656	(1)
Individual Liability under Section 1983	657	(1)
Wood v. Strickland	657	(4)
Eleventh Amendment Immunity and Local School Districts	661	(1)
Minton v. St. Bernard Parish School Board	662	(2)
Duke v. Grady Municipal Schools	664	(5)
Certification, Contracts, and Tenure	669	(49)
Teacher Certification	670	(2)
Background	670	(1)
Requirements	671	(1)
Ambach v. Norwick	672	(2)
Wardwell v. Board of Education of the City School District of the City of Cincinnati	674	(1)
Application of Bay	675	(3)
Erb v. Iowa State Board of Public Instruction	678	(2)
Teacher Contracts	680	(1)
The Standard Contract	680	(1)
Fairplay School Township v. O'Neal	681	(1)
Feldhusen v. Beach Public School District No. 3	682	(2)
The Tenure Contract	684	(1)
Grounds for Termination	684	(1)
Scheer v. Independent School District No. I-26 of Ottawa County	684	(2)
Appeal of Santee	686	(2)
Incompetency	688	(1)
Collins v. Faith School District #46-2	688	(5)
Insubordination	691	(2)
Gaylord v. Board of Education, Unified District No. 218, Morton County	693	(1)
In re Termination of James E. Johnson	694	(3)
Immorality	695	(1)
Immoral Conduct	696	(1)
Toney v. Fairbanks North Star Borough School District	697	(3)
Board of Education of Hopkins County v. Wood	700	(2)
Elvin v. City of Waterville	702	(1)
Gaylord v. Tacoma School District No. 10	703	(4)
Cause or Good Cause	706	(1)
Board of Directors of Lawton-Bronson v. Davies	707	(3)
Reduction in Force	710	(1)
Zoll v. Eastern Allamakee Community School District	710	(2)
Constitutional Protection of Contracts	712	(2)
State v. Project Principle, Inc.	714	(4)
Teacher Rights and Freedoms	718	(47)
The Source of Rights	719	(2)
Academic Freedom	719	(1)
First Amendment: Primary Repository	720	(1)
Speech Rights of Public Employees	721	(4)
Pickering and the Balancing of Interests	722	(1)
Mt. Healthy and Motivating Factors	723	(1)
Speech and the Connick Rule	724	(1)
Pickering v. Board of Education	725	(4)
Mt. Healthy City School District Board of Education v. Doyle	729	(5)
Givhan v. Western Line Consolidated School District	734	(2)
Stroman v. Colleton County School District	736	(2)
East Hartford Education Association v. Board of Education	738	(2)
Seemuller v. Fairfax County School Board	740	(3)
Privacy	743	(2)
Teacher Workplace Searches	744	(1)
Mental and Physical Examinations of Teachers	745	(1)
Daury v. Smith	745	(4)
Drug Testing of Teachers	747	(2)
Knox County Education Association v. Knox County Board of Education	749	(6)
Freedom of Religion	755	(2)
Title VII	755	(1)
Promoting Religion	756	(1)
Religious Garb	756	(1)
Cooper v. Eugene School District No. 4J	757	(3)
Privilege Against Self-Incrimination	760	(1)
Beilan v. Board of Public Education, School District of Philadelphia	760	(5)
Due Process Rights of Teachers	765	(29)
Four Aspects of Due Process	766	(1)
Substantive Due Process	766	(2)
Liberty Interests	766	(1)
Property Interests	767	(1)
Board of Regents v. Roth	768	(3)
Perry v. Sindermann	771	(4)
Procedural Due Process	775	(2)
Hearing	775	(2)
Impartiality	777	(1)
Cleveland Board of Education v. Loudermill	777	(4)
Crump v. Board of Education of Hickory Administrative School Unit	781	(4)
The Vagueness Test	785	(2)
Loyalty Oaths	785	(2)
Wieman v. Updegraff	787	(2)
Connell v. Higginbotham	789	(1)
The Irrationality and Presumption Test	789	(1)
Resident Status	789	(1)
Pregnancy	790	(1)
Cleveland Board of Education v. LaFleur	790	(4)
Discrimination in Employment	794	(61)
Constitutional and Statutory Protections	795	(1)
Federal Civil Rights Statutes	795	(1)
Enforcement of Employment Rights	796	(1)
Equal Protection Clause	796	(2)
Title VI	798	(1)
Title VII	798	(1)
Griggs v. Duke Power Co.	799	(1)
United States v. South Carolina	800	(5)
Hazelwood School District v. United States	805	(3)
Diversity and Affirmative Action	808	(2)
Wygant v. Jackson Board of Education	810	(2)
Taxman v. Board of Education of the Township of Piscataway	812	(4)
Sex Discrimination	816	(3)
Title VII	817	(1)
Pregnancy	817	(1)
Employment Benefits Discrimination	818	(1)
Title IX	818	(1)
North Haven Board of Education v. Bell	819	(4)
Sexual Harassment	820	(1)
Quid Pro Quo	821	(1)
Hostile Environment	821	(1)
Retaliation	822	(1)
Clark County School District v. Breeden	823	(2)
Masson v. School Board of Dade County	825	(4)
Trautvetter v. Quick	829	(2)
Religious Discrimination	831	(1)
Ansonia Board of Education v. Philbrook	832	(2)
Cowan v. Strafford R-VI School District	834	(2)
Equal Pay Act	836	(1)
Danzl v. North St. Paul--Maplewood--Oakdale Independent School District No. 622	837	(2)
Age Discrimination	839	(3)
Wooden v. Board of Education of Jefferson County	842	(2)
Discrimination Against Persons with Disabilities	844	(1)
School Board of Nassau County v. Arline	845	(4)
Chalk v. United States District Court Central District of California and Orange County Superintendent of Schools	849	(2)
Family and Medical Leave Act of 1993	851	(4)
Collective Bargaining	855	(34)
Background of Labor Relations	855	(1)
Private versus Public Sector Bargaining	856	(1)
The Right of Public Employees to Bargain Collectively	857	(2)
Norwalk Teachers Association v. Board of Education of City of Norwalk	859	(3)
Anderson Federation of Teachers, Local 519 v. School City of Anderson	862	(1)
Board of Education v. New Jersey Education Association	863	(2)
Indiana State Teachers Association v. Board of School Commissioners of the City of Indianapolis	865	(3)
School Board of the City of Richmond v. Parham	868	(2)
Pawtucket School Committee v. Pawtucket Teachers Alliance	870	(1)
City of Biddeford v. Biddeford Teachers Association	870	(2)
Scope of Bargaining	872	(1)
Kenai Peninsula Borough School District v. Kenai Peninsula Education Association	873	(3)
Collective and Individual Rights	876	(2)
Bargaining Rights	876	(1)
Constitutional Rights of Individuals	877	(1)
Abood v. Detroit Board of Education	878	(3)
Grunwald v. San Bernardino City Unified School District	881	(4)
City of Madison v. Wisconsin Employment Relations Commission	885	(4)
Desegregation of Public Schools	889	(50)
Historical Background	890	(2)
Erosion of Separate-but-Equal	892	(1)
Brown and the Demise of Segregated Schools	893	(2)
Brown v. Board of Education of Topeka	895	(2)
Interpreting Brown	897	(2)
Griffin v. County School Board of Prince Edward County	899	(3)
Green v. County School Board of New Kent County	902	(3)
Alexander v. Holmes County Board of Education	905	(1)
De Facto Segregation	905	(1)
Keyes v. School District No. 1, Denver	906	(3)
Quotas and Busing	909	(1)
Swann and the Four Student Assignment Issues	909	(1)
Swann v. Charlotte-Mecklenburg Board of Education	910	(3)
Racial Balances or Racial Quotas	910	(1)
One-Race Schools	911	(1)
Remedial Altering of Attendance Zones	911	(1)
Transportation of Students	912	(1)
Unitariness	913	(1)
Pasadena City Board of Education v. Spangler	914	(3)
Board of Education of Oklahoma City Public Schools, Independent School District No. 89 v. Dowell	917	(2)
Freeman v. Pitts	919	(5)
Remedial and Compensatory Remedies	924	(1)
Missouri v. Jenkins (Jenkins I)	925	(3)
Missouri v. Jenkins (Jenkins II)	928	(3)
Diversity and Racial Classifications	931	(1)
Narrow Tailoring	931	(1)
Diversity	931	(1)
Interdistrict Desegregation	932	(2)
Milliken v. Bradley	934	(5)
School Finance	939	(45)
Taxation for Education	940	(1)
The Development of the American State and Local Tax System	940	(2)
Florida Department of Education v. Glasser	942	(1)
Marion and McPherson Railway Co. v. Alexander	943	(3)
Distribution of State School Funds	945	(1)
Taxation and Equal Protection	946	(1)
School Finance Equity Litigation	946	(1)
Equal Protection Clause and School Finance	947	(3)
Rodriguez and Its Aftermath	948	(2)
Litigation under State Constitutions	950	(1)
Fundamentality and State Constitutions	950	(2)
Rose v. Council for Better Education, Inc.	952	(3)
Edgewood Independent School District v. Kirby	955	(5)
DeRolph v. State	960	(9)
Committee for Educational Rights v. Edgar	969	(3)
Budgeting and Accounting for School Funds	972	(1)
San Benito Independent School District v. Farmers' State Bank	973	(3)
Petition of Auditors of Hatfield Township School District	976	(2)
Public School Indebtedness	977	(1)
Revell v. Mayor of City of Annapolis	978	(1)
Hewitt v. Board of Education	979	(5)
School Property and Buildings	984	(25)
City of Baker School Board v. East Baton Rouge Parish School Board	985	(1)
City of Bloomfield v. Davis County Community School District	985	(2)
Edmonds School District No. 15 v. City of Mountlake Terrace	987	(2)
Purchase of Property for Special Purposes	989	(1)
In re Board of Public Instruction of Alachua County	989	(2)
School Buildings	991	(1)
Alexander v. Phillips	991	(3)
School Site Selection	994	(1)
Mullins v. Board of Education of Etowah County	994	(2)
Eminent Domain	996	(1)
Oxford County Agricultural Society v. School District No. 17	997	(1)
In re School District of Pittsburgh	998	(1)
Dare County Board of Education v. Sakaria	999	(3)
Adverse Possession	1002	(1)
Lovejoy v. School District No. 46, Sedgwick County	1002	(2)
Reversion of School Property	1004	(1)
Williams v. McKenzie	1005	(4)
Appendix A Selected Constitutional Provisions	1009	(4)
Appendix B Selected Federal Statutes	1013	(14)
Appendix C Public Schools Provisions in State Constitutions	1027	(5)
Appendix D Glossary of Terms	1032	(5)
Index	1037