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School Law and the Public Schools : A Practical Guide for Educational Leaders,9780205332489

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

by
Edition:
2nd
ISBN13:

9780205332489

ISBN10:
020533248X
Media:
Paperback
Pub. Date:
1/1/2002
Publisher(s):
Allyn & Bacon
List Price: $62.00
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Summary

In a concise, convenient paperback format, this book provides contemporary and practical coverage of relevant legal issues that affect educational leaders in the 21st century. This book is written to provide practical knowledge to practicing and prospective educational leaders, students of educational leadership, and policy makers at all educational levels. Legal issues are covered thoroughly yet succinctly, and are discussed in a way that is informative, entertaining, and useful so that the audience can effectively perform professional duties within the boundaries of constitutional, statutory, and case law.

Table of Contents

List of Cases
xv
Preface xix
About the Author xxi
Legal Framework Affecting Public Schools
1(12)
Sources of Law
1(3)
Bill of Rights and the Fourteenth Amendment
1(1)
The Federal Constitution
2(1)
State Constitution
2(1)
Statutes
3(1)
Court or Case Law
3(1)
School Board Policies
4(1)
The U.S. System of Courts
4(3)
Federal Courts
5(1)
State Courts
6(1)
Analysis of an Appellate Court Opinion
7(2)
Case (Citation)
7(1)
Procedure
8(1)
Facts
8(1)
Ruling and Justification
8(1)
Disposition
8(1)
The Supreme Court
9(3)
Supreme Court Ritual
10(1)
U.S. Supreme Court Decisions
11(1)
Administrative Guide: Legal Framework
11(1)
Endnotes
12(1)
Religion and the Public Schools
13(30)
School-Sponsored Prayer
15(1)
School-Sponsored Bible Reading
16(1)
Silent Prayer and Meditation
17(1)
Aid to Parochial Schools
18(4)
Religious Symbols
21(1)
Religious Displays
21(1)
Prayer at School Events
22(3)
Student-Led Prayer at Public School Events
22(1)
Athletic Contests
23(1)
Prayer at Athletic Contests
24(1)
Administrative Guide: Prayer, Bible Reading, and Silent Meditation
25(1)
Voluntary Prayer at Commencement Exercises
25(4)
Landmark Rulings
26(1)
Impact of Ruling
27(1)
Prayer at School Board Meetings
28(1)
Administrative Guide: Prayer at School Events
28(1)
Use of School Facilities by Religious Student Groups
29(6)
Legal Precedents
29(2)
Administrative Guide: Equal Access
31(1)
Use of School Facilities by Outside Religious Groups
32(2)
Use of School Facilities by Community Groups
34(1)
Right to Deny Access
34(1)
Administrative Guide: Use of Facilities by Outside Religious Groups
35(1)
Religious Activities and Holiday Programs
35(6)
Released Time for Religiour Instruction
36(1)
Posting Religious Mottos and Expressions
37(1)
Distribution of Religious Materials
38(1)
Use of Religious Garb by School Personnel
39(1)
Administrative Guide: Religious Activities
40(1)
Endnotes
41(2)
Students, the Law, and Public Schools
43(52)
Freedom of Expression
44(10)
Administrative Guide: Freedom of Expression
47(1)
Protests and Demonstrations
47(1)
Administrative Guide: Protests and Demonstrations
48(1)
School-Sponsored Newspapers
48(2)
Administrative Guide: Student Newspapers
50(1)
Nonschool-Sponsored Newspapers
51(1)
Administrative Guide: Nonschool-Sponsored Student Publications
52(1)
Censorship
52(1)
Administrative Guide: Censorship
53(1)
School Use of the Internet
53(1)
Administrative Guide: Use of the Internet
54(1)
Dress and Appearance
54(4)
Health and Safety Issues
55(1)
Controversial Slogans
56(1)
Gang Dress
56(1)
School Uniform Dress Policies and Students' Freedom of Expression Rights
57(1)
Administrative Guide: Uniforms
58(1)
Handling Gang Violence in Schools
58(1)
Gang Characteristics and Membership
59(1)
Administrative Guide: Gang Violence
59(1)
Zero Tolerance and School Safety
59(3)
Zero Tolerance
60(1)
Recent Zero Tolerance Practices
60(1)
Administrative Guide: Zero Tolerance
61(1)
Administrative Guide: Dress and Appearance
61(1)
School Suspension
62(4)
Administrative Guide: Suspension
62(1)
Procedural and Substantive Due Process
63(3)
Expulsion
66(2)
Administrative Guide: Expulsion
68(1)
Search and Seizure
68(13)
Reasonable Suspicion
69(1)
Student Desks
70(1)
Student Lockers
71(1)
Book Bags
71(1)
Automobiles
72(1)
Personal Searches
72(1)
Strip Searches
73(1)
Involvement of Law Enforcement Officials
74(1)
Use of Canines
75(1)
Metal Detectors
76(1)
Administrative Guide: Search and Seizure
77(1)
Drug Testing
78(1)
Administrative Guide: Drug Testing Student Athletes
79(1)
``No Pass, No Play'' Rule
79(2)
Administrative Guide: No Pass, No Play
81(1)
Use of Pagers and Cellular Phones
81(1)
Administrative Guide: Pagers and Cellular Phones
82(1)
Corporal Punishment
82(7)
Reasonable Punishment
86(1)
Minimal Due Process
87(1)
Excessive Punishment
88(1)
Administrative Guide: Corporal Punishment
88(1)
Classroom Harassment
89(3)
The Supreme Court's Decision
89(1)
A Dissenting Opinion
90(1)
Danger Singnals
90(1)
The Pivotal Case
91(1)
Administrative Guide: Classroom Harassment
91(1)
Pregnant Students
92(1)
Married Students
93(1)
Administrative Guide: Pregnant and Married Students
93(1)
Endnotes
94(1)
Individuals with Disabilities
95(29)
Individuals with Disabilities Education Act of 1990 (IDEA)
97(2)
Mandatory Requirements
97(2)
National Council on Disability
99(10)
Interpretation and Indentification of Children with Disabilities
99(1)
Prereferral Intervention
99(3)
Individualized Educational Program Requirement
102(1)
Equal Access to Assistive Technology for Students with Disabilities
102(1)
Program Review and Changes
103(1)
Education-Related Service Requirement
103(1)
Least Restrictive Environment
104(2)
Inclusion of Children with Disabilities
106(1)
Length of School Year
107(1)
Residential Placement
107(2)
Private School Placement
109(1)
Discriplining Students with Disabilities
109(4)
Expulsion
109(3)
Suspension
112(1)
Individuals with Disabilities Education Act of 1997
113(10)
Amendments Regarding Discipline
113(4)
Administrative Guide: Student Disabilities
117(1)
Attention Deficit Hyperactivity Disorder and Federal Protection
118(1)
Correctable Illnesses and ADA
119(3)
Administrative Guide: Americans with Disabilities
122(1)
Endnotes
123(1)
School Personnel and School District Liability
124(38)
The School as a Safe Place
124(1)
Limiting Liability for School Violence
125(5)
Schools as Safe Places
126(1)
School Violence and Negligence
127(1)
Emerging Legal Issues
127(1)
Freedom of Expression: Prohibitions and School Violence
127(1)
Administrative Guide: School Violence
128(1)
Legal Challenges Related to School Gangs
129(1)
Duty of Care and Gang Violence
129(1)
Administrative Guide: Liability and Gang Violence
130(1)
Liability of School Personnel
130(5)
Individual Liability
130(1)
Vicarious Liability
131(1)
Foreseeability
131(1)
Nuisance
132(2)
Parental Access to School Premises
134(1)
International Torts
135(5)
Assault
135(1)
Battery
135(1)
Defamation
136(1)
Libel and Slander
137(1)
Mental Distress
137(2)
False Imprisonment
139(1)
Trespassing on Personal Property
139(1)
Unintentional Torts
140(3)
Standard of Care
140(2)
Breach of Duty
142(1)
Proximate Cause
142(1)
Injury
143(1)
Defenses for Negligence
143(5)
Contributory Negligence
143(1)
Assumption of Risk
144(2)
Comparative Negligence
146(1)
Immunity
147(1)
Duties of Supervision
148(7)
Supervision before School
149(2)
Supervision during School
151(1)
Supervision after School
151(2)
Field Trips
153(1)
Parental Consent and Written Waivers
154(1)
Liability Involving Civil Rights Statutes
155(2)
Administrative Guide: School Liability
155(2)
Educational Malpractice
157(1)
Professionalism in Education
157(1)
School-Based Management
158(1)
Educational Malpractice Cases
158(2)
Administrative Guide: Educational Malpractice
160(1)
Endnotes
160(2)
Liability and Student Records
162(15)
Sanctions for Violating Family Privacy Rights
162(2)
Rights of Parents
164(1)
Rights of Noncustodial Parents
165(1)
Rights of Eligible Students
165(1)
Rights of School Personnel
166(1)
Enforcement of State or Federal Statutes
166(2)
Defamation Involving School Personnel
168(5)
Slander
168(1)
Libel
168(1)
Privilege
169(1)
Good Faith
169(2)
Acts of Malice
171(2)
Defenses against Defamation
173(4)
Privilege
174(1)
Good Faith
174(1)
Truth
174(1)
Administrative Guide: Liability and Student Records
175(1)
Endnotes
176(1)
Teacher Freedoms
177(22)
Substantive and Procedural Considerations
177(1)
Freedom of Expression
178(6)
Speech Outside the School Environment
179(3)
Academic Freedom
182(2)
Freedom of Association
184(4)
Membership in Subversive Organizations
186(1)
Political Rights
187(1)
Right to Hold Office
187(1)
Participation in Political Campaigns
188(1)
Dress and Grooming
188(4)
Community Norms and Expectations
190(1)
Unwed Pregnant Teachers
191(1)
Right to Privacy
192(4)
Administrative Guide: Teacher Freedoms
195(1)
Religious Freedoms
196(1)
Title VII: Religious Discrimination
196(2)
Administrative Guide: Religious Discrimination
197(1)
Endnotes
198(1)
Discrimination in Employment
199(26)
Title VII: Discrimination
199(4)
Sexual Discrimination
202(1)
The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
203(8)
Qualifications for Employment
204(1)
Scope of Protection: Section 504 and ADA
205(2)
Gender Discrimination
207(1)
Racial Discrimination
207(4)
Affirmative Action: California and Proposition 209
211(3)
Age Discrimination
212(2)
Pregnancy and Public School Employment
214(7)
Administrative Guide: Discrimination
216(1)
Sexual Harassment
216(5)
Issues Involving National Origin: Proposition 187
221(2)
Endnotes
223(2)
Tenure, Dismissal, and Due Process
225(30)
Tenure
225(5)
Acquisition of Tenure
226(1)
Nonrenewal
227(1)
Administrative Guide: Tenure
228(1)
Tenure for Principals
228(2)
Administrative Guide: Principal Tenure
230(1)
Dismissal for Cause
230(17)
Incompetency
230(2)
Insubordination
232(2)
Immorality
234(1)
Homesexuality and Employment
235(2)
Unprofessional Conduct
237(2)
Criminal Activity
239(1)
Sexual Advances toward Students
240(2)
Administrative Guide: Dismissal
242(1)
Financial Exigency (Abolition of Positions)
243(3)
Administrative Guide: Financial Exigency
246(1)
Good or Just Cause
246(1)
Administrative Guide: Good or Just Cause
247(1)
Collective Bargaining
247(6)
Private Sector versus Public Sector Bargaining
248(1)
State Involvement
249(1)
Scope of Collective Bargaining
249(1)
Impasse and Bargaining
250(1)
Legal Issues
251(1)
Workers' Compensation
252(1)
Administrative Guide: Collective Bargaining
253(1)
Endnotes
253(2)
Appendix A The Constitution of the United States: Provisions and Amendments Affecting Education 255(4)
Appendix B Summary of Relevant Felevant Federal Statutes 259(16)
Glossary of Relevant Legal Terms 275(4)
Index 279


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