California School Law

by Kemerer, Frank R.; Sansom, Peter; Kemerer, Jennifer

• ISBN13: 9780804748643
• ISBN10: 0804748640
• Format: Hardcover
• Copyright: 2005-05-06
• Publisher: Stanford Law & Politics

Summary

California School Lawprovides the first comprehensive discussion of how law affects the day-to-day operation of the state's public, charter, and private schools. The book is written for a wide audience including policymakers, governing board members, school administrators, union leaders, teachers, school law attorneys, education law professors and their students, and parents. In its twelve chapters, readers will find a detailed yet readable account of the many ways law structures the delivery of educational services in California. Beginning with an explanation of the legal framework within which California schooling takes place, the book examines constitutional, statutory, and judicial law governing attendance and instruction, school accountability, school finance, the collective bargaining process, employment, free speech, religion, the delivery of services to children with disabilities, student discipline, open meetings and records, privacy and student search and seizure, race and gender discrimination and harassment, and legal liability.

Author Biography

Frank Kemerer teaches education law in the School of Law and School of Education at the University of San Diego as a Professor in Residence. He has been researching and teaching education law for thirty-five years at universities in New York, Texas, and California. In addition to speaking and consulting, Prof. Kemerer has written extensively in the field. Included among his books are the legal text Constitutional Rights and Student Life (West Publishing Company 1979), School Choice and Social Controversy: Politics, Policy and Law (Brookings Institution Press 1999), and The Educator's Guide to Texas School Law (University of Texas Press, 2005, now in its sixth edition). He was awarded the Scribes Certificate of Distinction in 1992 from the American Society of Writers on Legal Subjects for William Wayne Justice: A Judicial Biography (University of Texas Press 1991). [e-mail]
Peter Sansom is an associate with Lozano Smith, a California law firm specializing in education law. After graduating with highest honors and a major in communications from the University of California at Santa Barbara, he received his law degree from the University of San Diego School of Law. In his practice at Lozano Smith, Mr. Sansom has successfully represented school districts in special education due process hearings and student expulsions. He works on a wide variety of education law issues including employee discipline and student rights.
Jennifer Kemerer practices employment law with a firm in Palo Alto. After graduating Phi Beta Kappa from Stanford University with a major in public policy and education, Ms. Kemerer worked as an analyst for Cornerstone Research in Menlo Park. Later, she received her law degree with distinction from Stanford Law School. In addition to employment law, her interests focus on racial and gender issues, as well as constitutional rights.

Table of Contents

Tables and Figures	xv
Abbreviations	xvii
Preface	xxi
Chapter 1 Law and the California Schooling System	1	(43)
What Comprises School Law?	3	(14)
Constitutional Law	3	(3)
Statutory Law	6	(4)
Administrative Law	10	(3)
Contract Law	13	(1)
Judicial Law	14	(3)
The California Schooling Structure	17	(7)
Parent Rights and Responsibilities	24	(5)
Choosing a Private School	24	(2)
Homeschooling	26	(1)
Rights within Public Schools	27	(1)
Expanding Parent Choice	28	(1)
California Charter Schools	29	(8)
Starting a Charter School	31	(1)
Operating a Charter School	32	(4)
Constitutionality of Charter Schools	36	(1)
California Private Schools	37	(2)
Voucher Programs	39	(3)
Summary	42	(2)
Chapter 2 Attendance, Instruction, and Assessment	44	(45)
Attendance	45	(7)
The Compulsory Attendance Law	45	(4)
Attendance Records	49	(1)
Exemptions from Attendance	49	(1)
Absences and Truancy	50	(2)
Curriculum and Instruction	52	(27)
Maintaining a Safe Learning Environment	52	(5)
Curriculum Content Standards	57	(2)
Curriculum Censorship	59	(1)
Classroom Instruction	60	(9)
Class Size Reduction	60	(1)
Educating Targeted Groups	61	(3)
Teacher Preparation and Evaluation	64	(5)
Copyright Law	69	(2)
The Internet	71	(8)
Controlling Access to Inappropriate Material	73	(3)
Privacy and the Internet	76	(1)
Disciplining Students for Internet Misuse	76	(1)
Online Courses and Cyberschools	77	(2)
Assessment and Accountability	79	(9)
The Influence of the No Child Left Behind Act	79	(1)
Student Assessment	80	(4)
School Accountability	84	(4)
Summary	88	(1)
Chapter 3 Equity, Adequacy, and School Finance	89	(37)
Does Money Matter?	90	(2)
The Quest for Equity	92	(13)
Foundation Funding	92	(3)
Litigation	95	(7)
State Court: Serrano v. Priest (1971)	95	(2)
Federal Court: San Antonio Independent School District v. Rodriguez (1973)	97	(2)
State Court: Serrano v. Priest (1976)	99	(3)
Proposition 13	102	(3)
The Current California School Finance System	105	(8)
Revenue Limit Funding	108	(1)
Categorical Aid	109	(1)
Other Sources of School Revenue	110	(1)
Facilities Funding	111	(2)
Funding Charter Schools	113	(5)
The Block Grant System	113	(3)
The Special Case of Nonclassroom-Based Charters	116	(1)
Facilities	116	(2)
The Movement toward Adequacy	118	(5)
Summary	123	(3)
Chapter 4 Unions and Collective Bargaining	126	(34)
The Three Stages of Collective Bargaining	127	(4)
Unionization Stage	127	(2)
Contract Negotiation Stage	129	(1)
Contract Administration Stage	130	(1)
Collective Bargaining under the Educational Employment Relations Act (EERA)	131	(23)
The Role of the Public Employment Relations Board (PERB)	133	(1)
Covered Employees and Schools	133	(3)
Deciding on the Appropriate Bargaining Unit and Choosing a Representative	136	(1)
Scope of Bargaining	137	(5)
Contract Negotiation	142	(6)
Contract Administration	148	(3)
The Grievance and Arbitration System	148	(1)
The Role of the Arbitrator	149	(2)
Organizational Security Arrangements	151	(3)
Future Challenges	154	(4)
Summary	158	(2)
Chapter 5 Employment	160	(41)
Classifications and Categories of Public School Employees	161	(2)
Property Rights in Employment	163	(1)
Certificated Employees	163	(24)
Credentials	163	(2)
Classifications	165	(9)
Substitute	165	(1)
Temporary	166	(3)
Probationary	169	(2)
Permanent	171	(3)
Evaluation and Reassignment	174	(2)
Discipline of Probationary and Permanent Employees	176	(1)
Nonreelection and Dismissal of Probationary Teachers	177	(2)
Dismissal of Permanent Teachers	179	(4)
Immoral or Unprofessional Conduct	180	(1)
Unsatisfactory Performance	181	(1)
Evident Unfitness for Service	181	(1)
Persistent Violation of or Refusal to Obey School Laws	182	(1)
The Dismissal Hearing Process	183	(2)
Layoff	185	(2)
Classified Employees	187	(4)
Categories	187	(1)
Evaluation and Discipline	188	(1)
Dismissal and Layoff	189	(1)
Merit System School Districts	190	(1)
Administrators	191	(1)
The Personnel File	192	(1)
Public School Employee Leave Rights	193	(1)
Federal and State Antidiscrimination Laws	194	(5)
Title VII	194	(2)
Americans with Disabilities Act and Section 504	196	(2)
Fair Employment and Housing Act	198	(1)
Summary	199	(2)
Chapter 6 Rights of Expression	201	(37)
Educator Expression Rights	201	(13)
Speaking Out on Matters of Public Concern	201	(4)
Mt. Healthy Test	205	(3)
Complaints about Working Conditions	208	(2)
Expression through School Channels	210	(2)
Educator Association Rights	212	(1)
Whistleblowing	213	(1)
Student Expression Rights	214	(14)
Face-to-Face Communication	215	(4)
Expression through School Channels	219	(5)
Right of Association	224	(4)
Expression Rights in the Classroom	228	(8)
Teacher Academic Freedom	228	(4)
Student Classroom Expression	232	(4)
Summary	236	(2)
Chapter 7 The School and Religion	238	(39)
Federal and California Constitutional Law	239	(3)
No Government Establishment of Religion	239	(1)
Protection for Free Exercise of Religion	240	(2)
Manifestations of Religion on Campus	242	(29)
The Pledge of Allegiance	243	(1)
School Prayer	244	(5)
School-Sponsored or Endorsed Public Prayer	245	(2)
Private Prayer and Religious Exercise	247	(2)
Religion in the Classroom	249	(8)
Teaching about Religion	250	(4)
Student Religious Papers and Presentations	254	(3)
Holiday Observances and Religious Music	257	(2)
Graduation Prayer and Religious Speeches	259	(2)
Access of Religious Groups to Campus	261	(7)
Student Religious Groups and the Equal Access Act	261	(3)
Community Use Policies	264	(4)
Religiously Based Exemptions	268	(3)
Aid to Religious Private Schools	271	(4)
Direct Aid Programs	272	(1)
Indirect Aid Programs through Vouchers and Tax Credits	273	(2)
Summary	275	(2)
Chapter 8 Students with Disabilities	277	(46)
Special Education Law	278	(7)
A Brief History	278	(4)
Sources of Special Education Law	282	(1)
The Language of Special Education	283	(2)
Free Appropriate Public Education (FAPE)	285	(5)
Procedural Component	285	(2)
Substantive Component	287	(2)
FAPE and the Least Restrictive Environment (LRE)	289	(1)
Child Find, Referral, Assessment, and Eligibility	290	(8)
Child Find and Referral for Initial Assessment	291	(2)
Initial Assessment	293	(2)
Eligibility	295	(3)
Independent Educational Evaluation (IEE) and Reevaluation	298	(1)
The IEP Process	298	(7)
IEP Team Meetings	298	(3)
IEP Contents	301	(2)
Special Education and DIS	303	(2)
Extended School Year	305	(3)
Behavior-Related Assessments and Plans	305	(1)
Mental Health Services	306	(1)
Placement	307	(1)
Transition Plans, the Age of Majority, and Exiting Special Education	308	(2)
Private School Students and IDEA	310	(2)
Due Process Hearings	312	(5)
Stay Put during Hearing	313	(1)
Due Process Rights	314	(1)
Due Process Remedies	315	(1)
Compensatory Education	315	(1)
Reimbursement for Educational Expenses	315	(1)
Attorney Fees	316	(1)
Section 504 and Americans with Disabilities Act (ADA)	317	(3)
Section 504	317	(2)
Americans with Disabilities Act (ADA)	319	(1)
Summary	320	(3)
Chapter 9 Student Discipline	323	(43)
The Importance of Student Discipline Rules	323	(2)
California's Legal Framework for Student Discipline	325	(5)
Who Can Discipline	326	(1)
Due Process of Law	326	(4)
Types of Discipline	330	(15)
Discipline Short of Suspension	330	(1)
Suspension	330	(8)
Expulsion	338	(5)
Mandatory Recommendation for Expulsion	339	(2)
Mandatory Recommendation for Expulsion Unless Inappropriate	341	(1)
Discretionary Expulsion	341	(2)
Discipline for an Act Not on School Grounds	343	(2)
Involuntary Transfer	345	(1)
The Expulsion Process	345	(13)
Recommendation for Expulsion	346	(1)
The Expulsion Hearing	346	(5)
Final Determination by the Governing Board	351	(3)
Post-Expulsion Educational Programming	354	(1)
Readmission Following Expulsion	354	(1)
Appeal of an Expulsion Order	355	(3)
Discipline and Special Education	358	(6)
Different Types of Disciplinary Removals	359	(1)
Short-Term Removals	359	(1)
Long-Term Removals	360	(2)
Interim Alternative Educational Settings and a Honig Injunction	362	(1)
Students Not Yet Identified as Special Education Students	363	(1)
Summary	364	(2)
Chapter 10 Public Access, Privacy, and Student Search and Seizure	366	(39)
Public Access	366	(11)
The Brown Open Meetings Act	367	(8)
Key Provisions	368	(3)
Defining Open Meetings	371	(1)
Exceptions to Open Meetings	372	(2)
Enforcement	374	(1)
The Public Records Act	375	(2)
Personal Privacy	377	(11)
Employee Lifestyle	378	(2)
Student Dress and Grooming	380	(2)
Student Records, Surveys, and Profiling	382	(6)
Student Records	382	(4)
Student Surveys and Profiling	386	(2)
Student Search and Seizure	388	(15)
Student Searches	388	(13)
Standards	389	(5)
Individual Searches	394	(3)
Group Searches	397	(4)
Student Seizures	401	(2)
Summary	403	(2)
Chapter 11 Race and Gender Discrimination	405	(34)
Racial Discrimination	406	(18)
Racial Discrimination under Federal Law	406	(4)
Racial Discrimination under California Law	410	(14)
Historical Perspective	410	(3)
Remedying Racial Isolation Regardless of Cause	413	(2)
Limits on Busing	415	(1)
Limits on Affirmative Action and Racial Balancing	416	(5)
Finding Other Means of Fostering Diversity	421	(3)
Gender Discrimination	424	(6)
Constitutional Dimensions	425	(3)
Title IX and Its Regulations	428	(2)
Racial and Gender Harassment	430	(7)
Racial Harassment under Title VI	430	(3)
Sexual Harassment and Abuse under Title IX	433	(2)
California Unruh Civil Rights Act	435	(2)
Summary	437	(2)
Chapter 12 Legal Liability	439	(38)
Liability under California Law	439	(28)
California Tort Claims Act	440	(26)
Injury to Students on Campus	442	(12)
Injury to Students off Campus	454	(3)
Injury to Nonstudents	457	(3)
Dangerous Condition of School Property	460	(2)
Waivers of Liability	462	(1)
Counselors and the Duty to Warn	463	(1)
A Word about Insurance	464	(2)
Fair Employment and Housing Act	466	(1)
Liability under Federal Law	467	(6)
Liability of Schools under 42 U.S.C. Section 1983	468	(1)
Liability of School Employees under 42 U.S.C. Section 1983	469	(4)
Summary	473	(4)
Appendix A: Glossary of Legal Terminology	477	(8)
Appendix B: Finding and Reading Statutes and Judicial Decisions	485	(5)
Appendix C: References	490	(3)
List of Cases	493	(18)
Index	511