Public School Law : Teacher's and Student's Rights

by Thomas, Stephen B.; Cambron-McCabe, Nelda B.; McCarthy, Martha M.

• ISBN13: 9780205352166
• ISBN10: 0205352162
• Edition: 5th
• Format: Hardcover
• Copyright: 2009-01-01
• Publisher: Allyn & Bacon

Summary

Updated and revised to reflect new policy and legal decisions, the Fifth Edition of Public School Law: Teachers' and Students' Rights, provides an all-inclusive treatment of the current status and evolution of the law governing public schools, making it the most comprehensive and well-documented text of its kind. The text addresses legal principles applicable to practitioners in a comprehensive manner avoiding the extensive use of legal terms while still providing thorough documentation for further exploration of issues. It uniquely blends a detailed treatment of landmark cases with a thorough discussion of the legal context, trends, and generalizations to guide all school personnel in their daily activities. Comprehensive coverage of students' and teachers' rights are presented in a clear, straightforward manner. In this new edition, changes in the law and emerging areas of controversy, such as the Religious Freedom Restoration Act, student-initiated devotional activities, discipline of children with disabilities, use of metal detectors in student searches, drug testing of students and employees, judicial oversight in school desegregation, and implementation of affirmative action plans are highlighted. New to This Edition: The content in all chapters has been updated and rewritten, and new sections have been added to reflect recent litigation and capture emerging issues of legal concern. New chapter on special education law (Rights of Students with Disabilities), with charts illustrating IDEA Due Process and applicable laws, reflects the level of legal activity in this area. Increased coverage on numerous topics including sexual harassment, zero tolerance policies, internet use, drug testing, vouchers, and high stakes testing maintains the timeliness of the text so that readers will have access to the most current legal decisions. Extensive documentation in the footnotes, at the bottom of each page, includes not only cases, but also relevant articles for further review. Expanded list of landmark cases in appendices makes it easy to use this book as a reference.

Table of Contents

Preface	xiii
Legal Framework of Public Education	1	(24)
State Control of Education	1	(8)
Legislative Power	2	(1)
State Agencies	3	(2)
Local School Boards	5	(3)
School-Based Councils	8	(1)
Federal Role in Education	9	(8)
United States Constitution	9	(5)
Federal Legislation	14	(3)
Federal Administrative Agencies	17	(1)
Function and Structure of the Judicial System	17	(6)
State Courts	20	(1)
Federal Courts	20	(2)
Judicial Trends	22	(1)
Conclusion	23	(2)
Church/State Relations	25	(42)
Constitutional Framework	25	(4)
Religious Influences in Public Schools	29	(19)
Silent Prayer Statutes	30	(1)
School-Sponsored versus Private Devotionals	31	(6)
Religious Displays and Holiday Observances	37	(2)
Proselytization in the Classroom	39	(3)
Equal Access for Religious Expression and Groups	42	(6)
Accommodations for Religious Beliefs	48	(5)
Release-Time Programs	48	(1)
Excusal for Religious Observances	49	(1)
Religious Exemptions from Secular Activities	50	(3)
Religious Challenges to the Secular Curriculum	53	(4)
Defining What Is ``Religious''	53	(1)
Challenged Curriculum Components	54	(3)
State Aid to Private Schools	57	(8)
Aid for Student Services	58	(4)
Aid to Encourage Educational Choice	62	(3)
Conclusion	65	(2)
School Attendance and Instructional Issues	67	(40)
Compulsory School Attendance	67	(7)
Alternatives to Public Schooling	68	(3)
Exceptions to Compulsory Attendance	71	(1)
Health Requirements	72	(2)
Residency Requirements	74	(3)
School Fees	77	(3)
Transportation	78	(1)
Textbooks, Courses, and Materials	78	(2)
The School Curriculum	80	(9)
Requirements and Restrictions	81	(1)
Censorship of Instructional Materials	82	(7)
Student Proficiency Testing	89	(4)
Educational Malpractice and Instructional Negligence	93	(3)
Instructional Privacy Rights	96	(8)
Student Records	97	(6)
Pupil Protection and Parental Rights Laws	103	(1)
Conclusion	104	(3)
Students' Rights in Noninstructional Matters	107	(36)
Freedom of Speech and Press	107	(21)
Unprotected Conduct and Expression	109	(4)
Commercial Expression	113	(1)
School-Sponsored (Governmental) Expression	114	(3)
Protected Private Expression	117	(8)
Student-Initiated Clubs	125	(3)
Student Appearance	128	(6)
Hairstyle	128	(2)
Attire	130	(4)
Extracurricular Activities	134	(6)
Attendance, Training, and Recruitment Regulations	135	(1)
Restrictions on Eligibility	136	(3)
Fees for Participation	139	(1)
Other Conditions	140	(1)
Conclusion	140	(3)
Student Classifications	143	(44)
Legal Context	143	(3)
Classifications Based on Race	146	(17)
Pre-Brown Litigation	146	(3)
De Jure Segregation in the South	149	(2)
Distinguishing between De Jure and De Facto Segregation	151	(1)
Fashioning Appropriate Remedies	152	(7)
Achieving Unitary Status	159	(2)
Postunitary Transfer and School Assignment	161	(2)
Classifications Based on Native Language	163	(3)
Classifications Based on Ability or Achievement	166	(4)
Tracking Schemes	166	(2)
Gifted and Talented Students	168	(2)
Classifications Based on Age	170	(1)
Classifications Based on Gender	171	(13)
Interscholastic Sports	172	(5)
Academic Programs	177	(3)
Sexual Harassment of Students	180	(3)
Marriage and Pregnancy	183	(1)
Conclusion	184	(3)
Rights of Students with Disabilities	187	(38)
Legal Context	187	(6)
Rehabilitation Act	188	(3)
Americans with Disabilities Act	191	(1)
Individuals with Disabilities Education Act	192	(1)
Free Appropriate Public Education	193	(3)
Individualized Education Programs	196	(9)
Initial Identification	196	(1)
Evaluation	197	(2)
IEP Preparation	199	(1)
Public and Private Placement	200	(5)
Related Services	205	(3)
Transportation	206	(1)
Psychological Services	206	(1)
Health Services	207	(1)
Extended School Year	208	(1)
Participation in Sports	209	(3)
Discipline	212	(4)
Suspension	213	(1)
Explusion	214	(2)
Procedural Safeguards	216	(6)
Stay-Put	216	(2)
Mediation	218	(1)
Impartial Due Process Hearing	219	(1)
State Review	220	(1)
Civil Action	220	(1)
Remedies and Attorneys' Fees	221	(1)
Conclusion	222	(3)
Student Discipline	225	(46)
Conduct Regulations	226	(4)
Expulsions and Suspensions	230	(10)
Expulsions	230	(5)
Suspensions	235	(5)
Corporal Punishment	240	(3)
Constitutional Issues	240	(2)
State Law	242	(1)
Academic Sanctions	243	(5)
Absences	244	(1)
Misconduct	245	(3)
Search and Seizure	248	(18)
Lockers	251	(2)
Search of Personal Possessions: Purses, Book Bags, and Other Property	253	(2)
Personal Search of a Student	255	(2)
Use of Metal Detectors	257	(1)
Drug-Detecting Canines	258	(3)
Drug Testing	261	(2)
Police Involvement	263	(3)
Remedies for Unlawful Disciplinary Actions	266	(2)
Conclusion	268	(3)
Terms and Conditions of Employment	271	(34)
Licensure or Certification	272	(4)
Employment by Local School Boards	276	(6)
Employment Requirements	277	(2)
Assignment of Personnel and Duties	279	(3)
Contracts	282	(7)
Term and Tenure Contracts	284	(3)
Supplemental Contracts	287	(2)
Leaves of Absence	289	(1)
Personnel Evaluation	289	(3)
Personnel Records	292	(2)
Other Employment Issues	294	(9)
Using Copyrighted Materials	294	(5)
Reporting Suspected Child Abuse	299	(4)
Conclusion	303	(2)
Teachers' Substantive Constitutional Rights	305	(41)
Freedom of Expression	305	(13)
Legal Principles	306	(3)
Application of the Legal Principles	309	(6)
Prior Restraint and Channel Rules	315	(3)
Academic Freedom	318	(8)
Course Content	318	(3)
Expressing Personal Views in the Classroom	321	(1)
Teaching Strategies	322	(4)
Freedom of Association	326	(7)
Political Affiliations	327	(2)
Political Activity	329	(4)
Personal Appearance	333	(2)
Privacy Rights	335	(9)
Search and Seizure	337	(3)
Lifestyle Choices	340	(4)
Conclusion	344	(2)
Discrimination in Employment	346	(46)
Legal Context	346	(6)
Fourteenth Amendment	346	(1)
Title VII	347	(5)
Race and National-Origin Discrimination	352	(7)
Hiring and Promotion Practices	359
Adverse Decisions	355	(2)
Affirmative Action	357	(2)
Gender Discrimination	359	(11)
Hiring and Promotion Practices	359	(2)
Compensation Practices	361	(2)
Termination, Nonrenewal, and Denial of Tenure	363	(2)
Pregnancy Discrimination	365	(2)
Sexual Harassment	367	(2)
Retirement Benefits	369	(1)
Sexual Preference Discrimination	370	(2)
Access to Benefits	370	(1)
Harassment	371	(1)
Adverse Employment Decisions	371	(1)
Religious Discrimination	372	(4)
Hiring and Promotion Practices	372	(1)
Accommodation	373	(3)
Adverse Employment Decisions	376	(1)
Age Discrimination	376	(6)
Hiring and Promotion Practices	378	(1)
Compensation and Benefits	378	(1)
Adverse Employment Actions	379	(2)
Retirement	381	(1)
Disability Discrimination	382	(8)
Qualifying as Disabled	384	(2)
Otherwise Qualified	386	(1)
Reasonable Accommodation	387	(2)
Termination and Nonrenewal	389	(1)
Conclusion	390	(2)
Termination of Employment	392	(44)
Procedural Due Process in General	392	(10)
Dismissal	394	(1)
Nonrenewal	394	(2)
Establishing Protected Property and Liberty Interests	396	(6)
Procedural Requirements in Discharge Proceedings	402	(10)
Notice	404	(2)
Hearing	406	(6)
Dismissal for Cause	412	(13)
Incompetency	412	(1)
Immorality	413	(3)
Insubordination	416	(2)
Neglect of Duty	418	(2)
Unprofessional Conduct	420	(1)
Unfitness to Teach	421	(1)
Other Good and Just Cause	422	(1)
Reduction-in-Force	423	(2)
Remedies for Violations of Protected Rights	425	(9)
Liability of School Officials	426	(2)
Liability of School Districts	428	(2)
Remedies	430	(4)
Conclusion	434	(2)
Labor Relations	436	(32)
Employee's Bargaining Rights in the Private and Public Sectors	437	(5)
Teacher's Statutory Bargaining Rights	442	(2)
Scope of Negotiations	444	(8)
Governmental Policy	445	(2)
Selected Bargaining Subjects	447	(5)
Union Security Provisions	452	(7)
Dues and Service Fees	452	(4)
Exclusive Privileges	456	(3)
Grievances	459	(2)
Negotiation Impasse	461	(2)
Strike	463	(3)
Conclusion	466	(2)
Tort Liability	468	(29)
Negligence	468	(18)
Duty	469	(7)
Breach of Duty and Standard of Care	476	(3)
Proximate Cause	479	(1)
Injury	480	(1)
Defenses against Negligence	480	(6)
Intentional Torts	486	(4)
Assault and Battery	487	(1)
False Imprisonment	488	(1)
Intentional Infliction of Mental Distress	489	(1)
Defamation	490	(4)
Private and Public Persons	491	(1)
Veracity of Statements	491	(1)
Fact versus Opinion	492	(1)
Privilege	493	(1)
Damages	494	(1)
Conclusion	495	(2)
Summary of Legal Generalizations	497	(8)
Generalizations	497	(6)
Conclusion	503	(2)
Glossary	505	(4)
Selected Supreme Court Decisions	509	(4)
Index	513