Education Law

by Rossow, Lawrence F.; Stefkovich, Jacqueline A.

• ISBN13: 9781594600593
• ISBN10: 1594600597
• Format: Hardcover
• Copyright: 2005-07-05
• Publisher: Carolina Academic Press

Table of Contents

Table of Cases	xv
Preface	xxv
Acknowledgments	xxvii
Governance of Public Schools	3	(16)
Sources of the Law	3	(2)
Constitutions	3	(1)
Statutes	4	(1)
Regulations	4	(1)
Local Board Policy	4	(1)
Case Law	5	(1)
Structure of the Law	5	(1)
Stare Decisis	6	(1)
The Judicial System	7	(1)
District Courts	8	(1)
Courts of Appeals	9	(1)
The United States Supreme Court	9	(2)
State Courts	11	(1)
The Role of the Federal Government in Education	12	(3)
The Role of State Government in Education	15	(4)
The Instructional Program	19	(70)
Control over the Curriculum	20	(2)
Sources of Authority	20	(1)
Issues Related to Content	21	(1)
Controversial Curriculum	22	(2)
Sex Education/A.I.D.S. Education/Sexual Orientation	23	(1)
Service Learning	23	(1)
Competency Testing	24	(1)
High Stakes Testing	25	(1)
Testing for Special Education	25	(1)
Compulsory Education Laws and School Attendance	26	(1)
Exceptions to Compulsory Attendance	26	(1)
Home Schooling	26	(1)
Vouchers and Charter Schools	27	(1)
Conclusions	28	(1)
Selected Case Law	28	(61)
Board of Education, Island Trees Union Free School District No. 26 v. Pico	29	(36)
Steirer v. Bethlehem Area School District	65	(11)
Debra P. v. Turlington	76	(13)
Liability of Educators and School Districts	89	(62)
Introduction	89	(1)
Intentional Torts	90	(1)
Defamation, Libel, and Slander	90	(1)
Strict Liability	91	(1)
Unintentional Torts	91	(4)
Duty	92	(1)
Standard of Care	92	(1)
Causation	93	(1)
Damages	93	(1)
Defenses to Negligence	94	(1)
Liability for Third Party Actions	94	(1)
Civil Rights Torts and Qualified Immunity	95	(11)
The Fourth Amendment and § 1983 Claims	97	(2)
The Fourteenth Amendment, Corporal Punishment, and § 1983 Claims	99	(2)
Sexual Harassment and § 1983 Claims	101	(5)
Educational Malpractice	106	(2)
Conclusions	108	(1)
Selected Case Law	108	(43)
Thomas v. Roberts	109	(4)
Davis v. Monroe County	113	(29)
Peter W. v. San Francisco Unified School District	142	(9)
School Safety and Zero Tolerance	151	(72)
The School Violence Problem and Public Perceptions	151	(1)
National Initiatives and Federal Statutes Relative to Violence in Schools	152	(2)
The U.S. v. Lopez Supreme Court Decision	154	(1)
School Searches and School Violence	155	(3)
Metal Detector Searches	156	(1)
Mass Searches for Safety	157	(1)
School Safety and Liability Issues	158	(3)
State Constitutional and Statutory Claims	159	(1)
Negligence Claims	159	(1)
Claims under § 1983	160	(1)
School Safety and Zero Tolerance	161	(7)
Zero Tolerance Legislation	161	(1)
Zero Tolerance and the Courts	162	(3)
Opposition to Zero Tolerance Policies	165	(3)
Alternative Approaches to Addressing School Violence	168	(2)
Conclusions	170	(1)
Selected Case Law	170	(53)
United States v. Lopez	171	(35)
Seal v. Morgan	206	(17)
Drug and Alcohol Abuse by School Employees and Students	223	(96)
Legal Authority to Control Drug-Related Activities	223	(1)
National Initiatives and Federal Statutes Relative to Drugs in Schools	223	(1)
School Employees and Drug and Alcohol Use	224	(5)
Drug Testing of Teachers	225	(3)
Drug Testing of Other School Employees	228	(1)
Students and Drug and Alcohol Use	229	(7)
Searches of Individual Students for Drugs	229	(1)
Drug Testing of Individual Students	230	(1)
Random or Mass Drug Testing of Students	231	(5)
Zero Tolerance and Drugs	236	(1)
Dealing with Law Enforcement Agencies	237	(4)
Alternatives to Punishment	241	(1)
Conclusions	242	(1)
Selected Case Law	242	(77)
Chandler v. Miller	242	(12)
Knox County Education Association v. Knox County Board of Education	254	(26)
Vernonia School District 471 v. Acton	280	(21)
Board of Education of Independent School District No. 92 of Pottawatomie County, et al., Petitioners, v. Lindsay Earls et al.	301	(18)
Teachers' Rights and Responsibilities	319	(132)
Constitutional Rights of Teachers	319	(3)
Employment Discrimination in Teaching	322	(17)
Race Discrimination	323	(2)
Gender Discrimination	325	(4)
Sexual Harassment	329	(2)
Religious Discrimination	331	(1)
Age Discrimination	332	(7)
Teacher Dismissal	339	(7)
Dismissal of Nontenured Teachers	340	(1)
Dismissal of Tenured Teachers	341	(1)
Constitutional Restrictions in Teacher Dismissals	342	(1)
Applying the Teacher Speech Doctrines: Criticism of Authority	343	(2)
Conditions of Employment	345	(1)
Selected Case Law	346	(105)
Pickering v. Board of Education of Township High School District 205, Will County, Illinois	346	(11)
Mt. Healthy City School District Board of Education v. Doyle	357	(6)
Connick v. Myers	363	(18)
Waters v. Churchill	381	(19)
Meritor Savings Bank, FSB v. Vinson	400	(10)
Ansonia Board of Education v. Philbrook	410	(11)
The Board of Regents of State Colleges v. Roth	421	(14)
Cleveland Board of Education v. Loudermill	435	(16)
Teacher Evaluation	451	(32)
Evaluation and Dismissal	452	(18)
Documentation for Dismissal	454	(1)
Incompetence	455	(4)
Immorality	459	(1)
Drug Possession	459	(1)
Criminal Activity	460	(1)
Unfitness: Bad Language	461	(1)
Drunk Driving	462	(1)
Insubordination	463	(3)
Using Tests to Evaluate Teachers	466	(1)
Test Validity	467	(3)
Teacher Testing as an Impairment of Contract	470	(4)
Substantive Due Process and Tests	474	(1)
Equal Protection and Tests	474	(3)
Job Relatedness and Testing	477	(2)
Availability of Alternative Measures in Testing of Teachers	479	(1)
Discrimination against Teachers with Disabilities and Testing	480	(2)
Age Discrimination in Teacher Testing	482	(1)
Students' Rights and Discipline	483	(168)
Legal Basis for Disciplining Students	483	(2)
Scope of School Administrators' Authority	483	(1)
Grade Reductions As Punishment	484	(1)
Expulsion and Suspension	485	(1)
The Fourteenth Amendment	485	(1)
Short-Term Suspensions	486	(3)
Defining Minimum Due Process---Goss v. Lopez	486	(1)
Notice for Short-Term Suspensions	487	(1)
Hearing Procedures for Short-Term Suspensions	488	(1)
Appealing a Short-Term Suspension	489	(1)
Long-Term Suspensions	489	(1)
Specialty Suspensions	490	(3)
Emergency Suspension	490	(1)
School Bus Suspension	490	(1)
In-School Suspensions	491	(1)
Suspension from Extracurricular Activities	492	(1)
Indefinite Suspensions	493	(1)
Disciplinary Transfers	493	(1)
Related Considerations in Student Removals	494	(1)
Responsibility for Alternative Education	494	(1)
Expulsion or Suspension for Behavior Off School Grounds	495	(3)
Zero Tolerance and Due Process	497	(1)
Concluding Remarks on Student Expulsions and Suspensions	498	(1)
Constitutional Rights	498	(7)
Freedom of Speech and Expression	499	(1)
Lewd/Vulgar Student Speech	499	(1)
School-Sponsored Speech	499	(1)
Applying the Standards	500	(2)
Student Dress Codes versus Uniform Policies	502	(3)
Search and Seizure	505	(6)
Source of Search and Seizure Law	505	(1)
Privacy Rights of Students and New Jersey v. T.L.O.	506	(1)
The Case of T.L.O.	507	(1)
Do Students Have a Right to Privacy?	507	(2)
The Reasonableness Standard	509	(1)
Applying the Reasonableness Standard in T.L.O.	509	(1)
Elaborating on the Two-Pronged Test	510	(1)
Corporal Punishment	511	(5)
State Laws	512	(1)
Constitutional Challenges	512	(3)
Corporal Punishment versus Battery	515	(1)
Corporal Punishment versus Child Abuse	515	(1)
Student Records	516	(10)
Selected Case Law	526	(125)
Goss v. Lopez	526	(17)
Tinker v. Des Moines Independent Community School District	543	(12)
Bethel School District No. 403 v. Fraser	555	(11)
Hazelwood School District v. Kuhlmeier	566	(16)
New Jersey v. T.L.O.	582	(33)
Ingraham v. Wright	615	(27)
Chandler v. McMinnville School District	642	(9)
Special Education	651	(60)
Early Cases	651	(1)
Federal Legislation	652	(8)
Individuals with Disabilities Education Act	653	(3)
Free Appropriate Public Education	656	(1)
Related Services	657	(1)
Discipline of Special Education Students	658	(1)
Americans with Disabilities Act	659	(1)
1997 Statutory Changes in Discipline	660	(1)
Drugs and Weapons Suspensions	660	(1)
Other Disciplinary Removals	661	(1)
Procedural Due Process in Special Education	662	(1)
Selected Case Law	663	(48)
Board of Education of the Hendrick Hudson Central School District, Westchester County v. Rowley	663	(22)
Irving Independent School District v. Tatro	685	(7)
Honig v. Doe	692	(19)
Church/State/Education Relationships	711	(202)
Brief History of the Religion Clause	711	(2)
Relationship between the Free Exercise and the Establishment Clause	713	(1)
The Free-Exercise Clause in Education	714	(11)
The Belief-Conduct Distinction Test	714	(1)
Reynolds v. United States, 98 U.S. 145 (1878)	715	(1)
Balance of Competing Interests Test	716	(1)
Threshold Requirement for the Claimant: A Sincerely Held Religious Belief	716	(1)
Threshold Requirement for the State: Least Restrictive Means	717	(2)
The Modified Balance of Interest Test: Targeting Required	719	(1)
Congress Reacts to Oregon v. Smith: The Religious Freedom Restoration Act	719	(2)
Free Exercise and Home Schooling	721	(2)
Course Requirements and Religious Objections	723	(2)
The Establishment Clause in Education	725	(21)
The Early Cases: Child-Benefit Theory and the Two-Pronged Test	725	(1)
The Teaching of Creationism v. Evolution	726	(1)
The Three-Pronged Lemon Test	727	(1)
Creationism Revisited	728	(1)
The Modified Lemon Test	729	(2)
The Prayer Clubs Cases	731	(1)
The Equal Access Act	732	(3)
Avoiding the Equal Access Act	735	(1)
Post-Mergens, EAA Litigation	736	(1)
Religious Materials in School	736	(2)
The Third Establishment Clause Test: Coercion Analysis	738	(1)
Prayer at School Events	739	(2)
Free Exercise As Speech	741	(2)
Moment of Silence, Meditation or Prayer	743	(1)
Curriculum As an Establishment Clause Issue	744	(1)
School Vouchers and the Establishment Clause	745	(1)
Final Thoughts on Accommodation	746	(1)
Selected Case Law	746	(167)
Wisconsin v. Yoder	747	(21)
Frazee v. Illinois Department of Employment Security	768	(3)
Employment Division, Department of Human Resources of Oregon v. Alfred L. Smith	771	(27)
Lemon v. Kurtzman	798	(18)
Board of Education of the Westside Community Schools v. Mergens	816	(33)
Lee v. Weisman	849	(36)
Santa Fe Independent School District v. Doe	885	(17)
Lamb's Chapel v. Center Moriches Union Free School District	902	(11)
Racial Desegregation	913	(44)
Legal Authority Prohibiting Segregation	913	(1)
Historical Antecedents	914	(2)
The Post-Brown Era and Segregation in the South	916	(5)
Northern Desegregation Efforts	919	(2)
Fashioning Remedies	921	(3)
Busing and Racial Quotas	921	(1)
Grouping and Clustering of Schools	922	(1)
Alteration of Attendance Zones	923	(1)
Metropolitan Remedies	923	(1)
Unitary Status Responsibilities	924	(1)
The Future of Desegregation	924	(2)
Resegregation	925	(1)
Vouchers and Charter Schools	925	(1)
Social Science Data and Desegregation	925	(1)
Conclusions	926	(1)
Selected Case Law	926	(31)
Brown v. Board of Education I	926	(6)
Brown v. Board of Education II	932	(2)
Green v. County School Board of New Kent County	934	(5)
Board of Education of Oklahoma City Public Schools v. Dowell	939	(18)
Affirmative Action in Higher Education	957	(76)
History of Affirmative Action in College Admissions	957	(1)
The University of Michigan Cases	958	(1)
Selected Case Law	959	(74)
Gratz v. Bollinger	959	(30)
Grutter v. Bollinger	989	(44)
Glossary of Terms	1033	(14)
Index	1047