The Law of Schools, Students and Teachers in a Nutshell

by Alexander, Kern; Alexander, M. David

• ISBN13: 9780314144614
• ISBN10: 0314144617
• Edition: 3rd
• Format: Paperback
• Copyright: 2003-07-01
• Publisher: West Academic

Summary

Laws governing schools, students, and teachers are developed to protect the individuals involved in education. Written by experts in the field, this text deals with many student issues, such as attendance, due process rights, freedom of speech, search and seizure, discrimination, discipline, and testing. Also addresses religion and employment terms and conditions for teachers, along with their constitutional rights.

Table of Contents

Table of Cases	p. XVII
Introduction	p. 1
Attendance in Public Schools	p. 5
Introduction	p. 5
Admission	p. 6
Compulsory Attendance	p. 14
Home Schooling	p. 21
Private Schools	p. 30
Marriage	p. 37
Vaccination	p. 38
The Instructional Program	p. 42
Introduction	p. 42
Curriculum	p. 43
Censorship of Textbooks	p. 55
Censorship of Library Books	p. 61
Course Content and Teaching Methods	p. 65
Promotion	p. 66
Diploma	p. 68
Grade Reduction	p. 69
Homework	p. 71
Sex Education	p. 72
Due Process Rights of Students	p. 75
Introduction	p. 75
Due Process	p. 76
Procedural Due Process	p. 85
Natural Justice and Due Process	p. 85
Impartiality	p. 86
Fairness	p. 87
Elements of Procedural Due Process	p. 88
In-School Suspension	p. 101
Impact of Procedural Due Process	p. 101
Freedom of Speech and Expression	p. 105
Introduction	p. 105
Balancing the Interests	p. 107
Forecast of Disruption	p. 108
Sit-Ins/Protests	p. 115
Flags	p. 115
Personal Appearance	p. 117
Student Pregnancy	p. 123
Immorality	p. 125
Marriage	p. 126
Drugs, Tobacco, and Alcohol	p. 127
Weapons	p. 128
Religion in Public Schools and State Funding of Religious Schools	p. 131
Introduction	p. 131
Free Exercise and Establishment	p. 134
Wall of Separation	p. 135
Constitutional Standard, the Lemon Test	p. 136
Religious Activities in Public Schools	p. 140
Public Tax Funds for Religious Schools	p. 155
Student Publications	p. 165
Introduction	p. 165
Search and Seizure	p. 175
Introduction	p. 175
Fourth Amendment	p. 176
Canine Searches	p. 186
Strip Searches	p. 188
Lockers	p. 191
Automobile Search	p. 192
Field Trip Searches	p. 193
Drug Testing	p. 195
Metal Detector Searches	p. 198
Student Discipline	p. 200
Introduction	p. 200
In Loco Parentis	p. 201
Corporal Punishment	p. 203
Child Abuse	p. 210
Discipline for Out-of-School Activities	p. 215
Academic Discipline	p. 218
Racial Segregation	p. 221
Introduction	p. 221
Separate-but-Equal	p. 221
The Brown Case	p. 224
The Swann Case	p. 228
De Facto and De Jure Segregation	p. 231
A Unitary System	p. 233
Interdistrict Desegregation	p. 235
Remedies	p. 236
Affirmative Action and Diversity	p. 238
Diversity	p. 241
Education of Disabled Children	p. 244
Introduction	p. 244
Right to Attend School	p. 244
The Original Public Law 94-142 and Section 504	p. 247
Litigation Pursuant to Idea	p. 255
Private School for Children With Disabilities	p. 271
Disabled Children in Sectarian Schools	p. 274
Discipline	p. 275
Acquired Immunodeficiency Syndrome (Aids)	p. 278
Attorney's Fees	p. 279
Student Sex Discrimination	p. 282
Introduction	p. 282
Equal Protection of Sexes	p. 283
Title IX	p. 288
Civil Liability	p. 298
Introduction	p. 298
What Is a Tort?	p. 298
Intentional Interference	p. 299
Strict Liability	p. 303
Negligence	p. 304
Elements of Negligence	p. 308
Defenses for Negligence	p. 314
Educational Malpractice	p. 327
Constitutional Torts	p. 329
Student Records, Defamation, and Privacy	p. 333
Introduction	p. 333
The Family Educational Rights and Privacy Act (FERPA)	p. 334
Defamation	p. 343
Right of Privacy	p. 355
Student Testing	p. 358
Introduction	p. 358
Judicial Review of Student Evaluations	p. 358
Limitations on the School	p. 360
Competency Tests	p. 361
Students' Due Process Interests	p. 362
Equal Protection Rights	p. 365
Validity of Tests	p. 368
Terms and Conditions of Teacher Employment	p. 373
Introduction	p. 373
Certification	p. 373
Local Board Prerogatives for Employment	p. 380
Right to Remain Silent	p. 384
Contracts	p. 384
Tenure	p. 386
Reduction in Force	p. 389
Constitutional Rights of Teachers	p. 393
Introduction	p. 393
Teachers' Freedoms of Speech and Expression	p. 393
Pickering and Teacher Political Freedom	p. 394
Title VII (Race)	p. 465
Affirmative Action	p. 470
Sex Discrimination	p. 474
Religious Discrimination	p. 485
Age Discrimination	p. 488
Discrimination Against the Disabled	p. 491
Family and Medical Leave Act of 1993	p. 494
Index	p. 497
Table of Contents provided by Rittenhouse. All Rights Reserved.