Practical Education Law for the Twenty-First Century

by Dodd, Victoria J.

• ISBN13: 9780890890554
• ISBN10: 0890890552
• Format: Paperback
• Copyright: 2002-12-01
• Publisher: Carolina Academic Pr

Table of Contents

Table of Cases	xiii
Introduction to American Education Law	3	(16)
The Nature of American Education Law	5	(1)
Primary Sources of Education Law and Research Tools	6	(1)
Basic Legal Research Tools	7	(1)
Traditional Bases of Education	8	(1)
Brief History of Elementary and Secondary Public Education in the United States	9	(1)
Compulsory Education	10	(2)
The Role of Deference	12	(1)
Development of National and State Educational Standards	13	(1)
Teacher and Student Competency Testing	14	(2)
Comparison of American Public Education with the Educational Systems of Other Industrialized Nations	16	(2)
The Evolving Role of American Public Education	18	(1)
The Organization and Operation of American Public Education	19	(44)
Overall State Organization of Public Education	21	(1)
Powers and Duties of State Boards of Education	22	(10)
In General	22	(2)
Powers of State Commissioner of Education	24	(3)
State Control over Curriculum	27	(2)
State Control over Local School Boards	29	(1)
Review of State Board Decisions	30	(2)
Powers of County School Boards	32	(2)
Creation, Change, and Dissolution of School Districts	34	(5)
In General	34	(1)
Change of Boundaries	34	(2)
Merger of School Districts	36	(1)
Annexation and Detachment	36	(2)
Closing Schools, Property Transfers	38	(1)
Powers and Duties of Local School Boards	39	(7)
Selection and Removal of Members	39	(1)
Public Bidding Laws	40	(2)
Control over Curriculum	42	(1)
Control over Personnel	43	(2)
Powers of Local Superintendent of Schools	45	(1)
Contracts	46	(4)
Contracts with Personnel	46	(2)
Contracts with Third Parties	48	(1)
Authority of School Board to Contract	48	(1)
Construction Contracts	48	(1)
Invalid Contracts	49	(1)
Acquisition and Sale of Real Property	50	(2)
Purchase and Sale Issues	50	(2)
Condemnation Issues	52	(1)
Insurance Issues	52	(2)
Open Meeting Laws	54	(4)
Typical Statutory Provisions	54	(1)
Definition of ``Meeting''	55	(1)
Requirement of Notice	56	(1)
Exemptions from Open Meetings Laws	57	(1)
Ratification to Cure Non-Compliance with Open Meeting Law	57	(1)
School Board Records Issues and Rules	58	(2)
Minutes	58	(1)
Quorum Rules	59	(1)
Other Records Issues	59	(1)
Conflict of Interest Rules	59	(1)
State Take-Overs of Local School Districts	60	(1)
Development of State and Local Education Standards	61	(2)
School Finance	63	(46)
Overview of School Financing	65	(2)
Role of the School District Budget	67	(2)
Establishing the Tax Levy	69	(3)
Issues in the Assessment and Collection of Taxes	72	(4)
Challenges to the Overall Tax Levy Process	76	(3)
Valuation Issues and Appraisal Methods	79	(4)
Property Tax Delinquency and Foreclosure	83	(2)
Federal Constitutional Challenges to Local Property Tax Model	85	(1)
State Constitutional Challenges to Local Property Tax Model	86	(1)
Models of School Funding	87	(1)
Alternative Funding Schemes	88	(1)
Procedures for Issuing Bonds	89	(3)
School Bond Elections	92	(2)
Bond Purposes	94	(1)
Constraints on School District Indebtedness	95	(1)
Limitations on Bonds	96	(3)
Bonds and Consolidation of Districts	99	(1)
Warrants and Notes	100	(1)
Selected Salary and Fringe Benefits Issues	101	(4)
Financial Exigencies	105	(4)
Fundamental Rights to an Education under State and Federal Constitutional Law	109	(24)
No Federal Constitutional Fundamental Right to an Education Exists: The Rodriguez Case	111	(2)
Post-Rodriguez Supreme Court Cases: Minimal Federal Constitutional Interests in Education	113	(1)
Early State-Based Rights to an Education: The Serrano Case and Others	114	(2)
Modern Post-Serrano Legal Challenges under State Equal Protection Theories	116	(1)
Successful Challenges Using State-Based Equal Protection Theories	117	(2)
Unsuccessful Challenges Using State-Based Equal Protection Theories	119	(2)
State-Based Rights to an Education under State Constitutional Education Articles	121	(1)
State Education Articles---In General	122	(1)
Successful Challenges Using State Education Articles	123	(2)
Unsuccessful Challenges Using State Education Articles	125	(2)
Impact of Successful Cases on Funding and Other Issues	127	(1)
The Problem of On-Going Litigation	128	(2)
State Legislative Responses	130	(1)
The Future of State-Based Litigation	131	(2)
Residency Requirements and Mandatory Fees and Expenses	133	(24)
The Supreme Court and Residency Requirements	135	(2)
Basic State Residency Requirements	137	(3)
Proving Residency	140	(1)
Residency Issues in Divorced Families	141	(2)
Residency and Guardianship	143	(1)
Residency of Children in Group Homes or Institutions	144	(1)
Homeless Children and Residency Issues	145	(2)
The Handicapped Child and Residency Issues	147	(2)
Residency Issues in Special Factual Situations	149	(2)
Various Tuition Issues and Residency	151	(1)
General Guidelines Regarding Student Fees	152	(1)
Textbook Fees	153	(1)
Fees for Courses and Activities	154	(1)
Transportation Expenses	155	(1)
Miscellaneous Fees and Expenses	155	(2)
Home Schooling, School Choice, Charter Schools, and Other Alternative Schools	157	(26)
Home Schooling---In General	159	(2)
State Regulation of Home Schooling---In General	161	(2)
Curriculum and Credentialling	163	(2)
Reporting and Procedural Requirements	165	(2)
Free Exercise Challenges	167	(1)
Vagueness Challenges	168	(1)
Home Education and Handicapped Children	169	(1)
Divorce and Custody Issues	170	(2)
Other Federal Court Issues and Home Schooling	172	(1)
School Choice---In General	173	(1)
Existing Public School Choice Plans	174	(2)
Establishment Clause Challenges to Voucher Programs	176	(2)
Equal Protection Challenges to Voucher Programs	178	(2)
Charter Schools	180	(2)
Privatization of Schools	182	(1)
Search and Seizure and Crime on Campus	183	(28)
The Basic Standard for Student Searches---T.L.O.	185	(1)
Searches of the Person---In General	186	(2)
Strip Searches	188	(2)
Locker Searches	190	(1)
Searches of Bookbags	191	(2)
Searches of Automobiles	193	(1)
When Is a Search Not a Search?	194	(2)
Canine-Assisted Searches	196	(1)
Metal Detectors in the School Environment	197	(1)
Police-Conducted Searches	197	(3)
The Exclusionary Rule and Student Searches	200	(1)
Miranda Warnings	201	(1)
Drug Testing	202	(3)
Weapons Legislation	205	(2)
Duty to Maintain a Safe Campus	207	(4)
Torts and the Student-School Relationship	211	(38)
Sovereign Immunity	213	(3)
In General	213	(1)
Insurance Exception	214	(1)
Premises Liability Exception	215	(1)
Governmental and Discretionary or Ministerial Functions	216	(2)
The Doctrine of In Loco Parentis	218	(2)
Civil Actions under §1983	220	(3)
Corporal Punishment	223	(3)
Student-Inflicted Injury	226	(2)
Injuries by Non-Student Third Parties	228	(3)
Other Student Injuries	231	(8)
Non-Disciplinary Faculty-Inflicted Injury	231	(1)
Faculty Duty to Supervise Students	232	(2)
Student Mishaps Off-Campus or at Home	234	(2)
Student Suicide	236	(1)
Teacher Sexual Abuse and Sexual Harassment	237	(2)
Educational Malpractice	239	(2)
Other Professional Liability Concerns	241	(3)
Slander and Libel	241	(1)
Student Confidentiality Issues	242	(1)
Buckley Amendment	242	(1)
Other Counseling Issues	243	(1)
Overview of Selected Student Health Issues	244	(1)
Child Abuse Reporting Statutes	244	(1)
Immunization	245	(1)
Acquired Immunity Deficiency Syndrome	245	(4)
Sexual Education and Condom Distribution	247	(2)
Athletics	249	(32)
Athletics and Constitutional Rights---Introduction	251	(1)
Athletic Rights and Transferring Students	252	(2)
Student Suspensions from Athletics and the Availability of Due Process Rights	254	(2)
Other Athletic Rules and Student Rights	256	(3)
Student Fees and Athletics	259	(1)
School Liability Issues in Athletics---In General	260	(1)
Liability for Student Injuries on School Teams	261	(3)
Liability for Student Injuries during Physical Education Class	264	(3)
Student Assumption of the Risk	267	(2)
Validity of Student Waivers Concerning Athletic Injuries	269	(1)
Gender and Athletics---In General	270	(1)
Equal Protection Concerns	271	(1)
Title IX and Team Formation	272	(2)
Title IX and Other Athletic Claims	274	(1)
National Collegiate Athletic Association (NCAA) and Regulation of High Schools---In General	275	(2)
NCAA and Recruitment of Student Athletes	277	(1)
NCAA and Eligibility Standards	278	(3)
Labor Relations	281	(36)
State Collective Bargaining Laws	283	(4)
Similarities with National Labor Relations Act	283	(2)
Typical State Statutes	285	(1)
States Prohibiting Collective Bargaining	286	(1)
Scope of Collective Bargaining	287	(4)
In General	287	(1)
Mandatory Subjects	288	(2)
Duty to Bargain in Good Faith	290	(1)
Typical Bargainable Issues: ``Wages, Hours, and Terms and Conditions of Employment''	291	(8)
Salary and Benefits	291	(2)
Length of School Day and Calendar Issues	293	(1)
Class Size	294	(1)
Additional Duties during the School Day and Extra-Curricular Activities	295	(1)
Other Issues	296	(1)
Merit Pay	296	(1)
Teacher Evaluations	297	(1)
Smoking Policies	298	(1)
Selecting Bargaining Representatives	299	(4)
Elections and Exclusive Representation	299	(2)
Union Fees, Dues and Assessments	301	(2)
Construction of Labor Contracts	303	(2)
Employee Grievances and Arbitration	305	(5)
In General	305	(1)
Role of Arbitrator	306	(2)
Review of Arbitrator's Decision	308	(2)
Unfair Labor Practices	310	(1)
Legality of Teacher Strikes	311	(1)
Typical State Statutes	311	(1)
Injunctions and Punishment of Striking Teachers	311	(1)
Teacher Transfers, Terminations, and Reductions in Force	312	(5)
Addendum: 2002 U.S. Supreme Court Decisions	317	(2)
Index	319