Education Law

by Imber, Michael; van Geel, Tyll

• ISBN13: 9780805846539
• ISBN10: 0805846530
• Edition: 3rd
• Format: Hardcover
• Copyright: 2004-08-24
• Publisher: Lawrence Erlbau

Summary

Education Lawpresents a comprehensive overview of the legal foundations of educational administration.

Author Biography

Michael Imber is Professor of educational administration in the School of Education at the University of Kansas. He received his Ph.D. in education from Stanford University in 1980. He is the author of many book, articles, and scholarly presentations on various topics of educational administration, policy, and law. Professor Imber has extensive experience advising school board members, educators, and lawyers on issues of educational policy and law and working with disabled children and adults. He has worked as a consultant to schools in Africa and Latin America. He also spent four years as the director of a school for at-risk students.
Tyll van Geel is Taylor Professor of Education in the Graduate School of Education, University of Rochester, NY. He received his J.D. degree from Northwestern University School of Law and his Ed.D. degree from the Harvard Graduate School of Education. He is a recipient of a John Simon Guggenheim Fellowship. Professor van Geel's books include Authority to Control the School Program, The Courts and American Education Law, and Understanding Supreme Court Opinions (4th Edition). He is a contributor to a wide range of law and education journals.

Table of Contents

Preface	xvii
Understanding Education Law	1	(15)
Forms of Law	1	(4)
The Courts and Education Law	5	(1)
The Judicial System	6	(3)
Elements of a Judicial Decision	9	(3)
Legal Citations	12	(2)
Summary	14	(2)
Compulsory Education	16	(45)
Compulsory Education Laws: An Overview	17	(4)
Pierce v. Society of Sisters	18	(3)
Exemptions from Compulsory Education	21	(9)
Wisconsin v. Yoder	22	(8)
Admission Requirements and School Assignment	30	(5)
Government Regulation of Private and Home Schools	35	(11)
Meyer v. Nebraska	35	(11)
Government Assistance to Private Schools	46	(13)
Zelman v. Simmons-Harris	54	(5)
Summary	59	(2)
Curriculum	61	(54)
Control of the Public School Program: An Overview	62	(4)
Statutory Limitations on School Board Control of Curriculum	66	(1)
Objections to Religious Observances in Public Schools	67	(18)
School District of Abington Township v. Schempp	68	(11)
Florey v. Sioux Falls School District 49-5	79	(6)
Religious and Moral Objections to Course Content and Materials	85	(9)
Smith v. Board of School Commissioners of Mobile County	88	(6)
Free Speech and Related Objections to Programs and Policies	94	(9)
Virgil v. School Board of Columbia County	100	(3)
Objections to Discriminatory Material	103	(2)
Federal Statutory Restrictions on School Programs	105	(7)
Summary	112	(3)
Student Free Speech Rights	115	(42)
Freedom of Expression: An Overview	116	(4)
Independent Student Speech	120	(14)
Tinker v. Des Moines Independent School District	121	(13)
School-Sponsored Speech	134	(12)
Hazelwood School District v. Kuhlmeier	135	(6)
Bethel School District No. 403 v. Fraser	141	(5)
Off-Campus Speech	146	(4)
Thomas v. Board of Education	147	(3)
Freedom of Association and Use of School Facilities	150	(5)
Summary	155	(2)
Student Discipline	157	(48)
The Making of Rules	159	(5)
The Use of Force to Control Students	164	(1)
The Investigation of Misconduct	165	(19)
New Jersey v. T.L.O.	169	(10)
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls	179	(5)
The Adjudication of Guilt	184	(14)
Coss v. Lopez	185	(6)
Gonzales v. McEuen	191	(7)
The Assignment of Punishment	198	(5)
Summary	203	(2)
Equal Educational Opportunity: Race and Gender	205	(49)
The Equal Protection Clause and Racial Discrimination	206	(1)
Historical Perspective: Equal Protection Prior to Brown v. Board of Education	207	(4)
Racial Segregation	211	(7)
Brown v. Board of Education (Brown I)	211	(7)
Remedying De Jure Segragation	218	(8)
Brown v. Board of Education (Brown II)	218	(8)
Other Forms of Racial Discrimination	226	(4)
Hawkins v. Coleman	227	(3)
Affirmative Action and Voluntary Racial Integration	230	(5)
The Equal Protection Clause and Gender Discrimination	235	(6)
Garrett v. Board of Education of School District of Detroit	238	(3)
Federal Antidiscrimination Statutes	241	(4)
Racial and Sexual Harassment	245	(6)
Summary	251	(3)
Students with Special Needs	254	(51)
Historical Perspectives: The Education of Children with Disabilities	255	(1)
The Rehabilitation Act and the Americans with Disabilities Act	256	(6)
The Individuals with Disabilities Education Act	262	(28)
Board of Education of Hendrick Hudson Central School District v. Rowley	267	(10)
Daniel R.R. v. State Board of Education	277	(13)
English Language Learners	290	(12)
Castaneda v. Pickard	293	(9)
Classification by Age and Ability	302	(1)
Summary	303	(2)
School Finance	305	(35)
A Legal Perspective on School Finance	306	(2)
The Federal Constitution and School Finance	308	(10)
San Antonio Independent School District v. Rodriguez	311	(7)
State Constitutions and School Finance	318	(17)
Seranno v. Priest	320	(6)
Rose v. Council for Better Education, Inc.	326	(9)
Local School Board Authority to Raise and Spend Money	335	(3)
Summary	338	(2)
Federal Constitutional and Statutory Rights of Teachers	340	(59)
Political Activity and Noncurricular Speech	341	(10)
Pickering v. Board of Education	344	(7)
Academic Freedom and Curricular Speech	351	(5)
Privacy, Morality, and Lifestyle	356	(9)
Race, Ethnicity, and Gender	365	(22)
Wygant v. Jackson Board of Education	368	(8)
Richardson v. Lamar County Board of Education	376	(11)
Religion	387	(3)
Disability	390	(5)
Age	395	(2)
Summary	397	(2)
Teacher Employment	399	(47)
Eligibility for Employment	399	(2)
Assignment, Transfer, and Demotion	401	(1)
Probationary Teachers: Evaluation, Renewal, and Tenure	402	(2)
Dismissal for Cause	404	(27)
In re Proposed Termination of James E. Johnson	412	(2)
Youngman v. Doerhoff	414	(8)
Board of Education of Long Beach Unified School District v. Jack M.	422	(4)
Krizek v. Cicero-Stickney Township High School District No. 201	426	(5)
Procedural Due Process	431	(9)
Hortonville Joint School District No. 1 v. Hortonville Education Association	435	(5)
Reduction in Force	440	(1)
Leaves of Absence	441	(1)
Workers' Compensation	442	(1)
Summary	443	(3)
Collective Bargaining, Unions, and Teachers Contracts	446	(40)
Collective Bargaining for Teachers: An Overview	446	(5)
Rights of Union Members	451	(6)
Armstrong Education Association v. Armstrong School District	454	(3)
Rights of Nonunion Members	457	(9)
Abood v. Detroit Board of Education	459	(7)
Rights and Duties in Collective Bargaining	466	(6)
Chee-Craw Teachers Association v. Unified School District No. 247, Crawford County	468	(4)
Grievance Procedures	472	(2)
Individual Teacher Contracts	474	(11)
Bottineau Public School District No. 1 v. Currie	479	(6)
Summary	485	(1)
Torts	486	(57)
Intentional Torts: Battery, Assault, False Imprisonment, and Intenational Infliction of Mental Distress	487	(4)
Defamation and Employee Letters of Reference	491	(7)
Invasion of Privacy, Student Records, and the Duty to Report Child Abuse	498	(3)
Negligence	501	(20)
Barbin v. State	511	(3)
Broward County School Board v. Ruiz	514	(2)
Hoyem v. Manhatten Beach School District	516	(5)
Negligent Hiring and Vicarious Liability	521	(4)
Liability for Dangerous Buildings and Grounds	525	(3)
Educational Malpractice	528	(1)
Governmental Immunity and Statutes Affecting Tort Suits	529	(3)
Section 1983 and Tortious Violations of Federal Law	532	(8)
Jefferson v. Ysleta Independent School District	535	(5)
Summary	540	(3)
The Constitution of the United States	543	(4)
Table of Cases	547	(22)
Index	569