School Law : Cases and Concepts

by LaMorte, Michael W.

• ISBN13: 9780205342846
• ISBN10: 0205342841
• Edition: 7th
• Format: Hardcover
• Copyright: 2002-01-01
• Publisher: Allyn & Bacon

Summary

This text examines is written for K-12 educators and others who have little background in school law and need to know the sources of law under which educators operate. It focuses on an understanding of legal rationale and principles that inform practice. Relevant case law, statutory law, constitutional provisions, and commentary are provided to develop a basic understanding of school law issues and the legal rationale underpinning such law. Broad legal concepts such as due process, equal protection, freedom of expression, the wall separating church and state, and reasonable search are stressed to help professional educators gain a better understanding of the legal landscape in which they operate.

Table of Contents

Table of Cases	xiii
Preface	xxiii
A Note to Users of This Text	xxvii
Educational Governance: Sources of Law and the Courts	1	(18)
Sources of Law	3	(11)
Federal Level	3	(1)
Constitution and Amendments	3	(1)
Historical Perspective	3	(2)
Due Process and Equal Protection	5	(1)
Due Process	6	(2)
Equal Protection	8	(1)
Statutes	9	(1)
Case Law	10	(1)
Executive Orders and Attorney General Opinions	11	(1)
State Level	11	(1)
State Constitutions	11	(1)
State Statutes	12	(1)
Case Law	12	(1)
State Board of Education, Chief State School Officer, and State Department of Education	13	(1)
Attorney General Opinions	13	(1)
Local Level	14	(1)
The American Judicial System	14	(5)
State Court Systems	15	(1)
Federal Court System	16	(1)
District Courts	16	(1)
Courts of Appeals	16	(1)
Supreme Court	16	(3)
Schools and the State	19	(76)
Compulsory Attendance	19	(10)
Satisfied by Parochial, Private, or Home School Attendance	19	(1)
Pierce v. Society of Sisters	20	(2)
Notes and Questions	22	(2)
Regulation of Nonpublic Schools	24	(1)
Home Instruction	25	(3)
Admission Issues	28	(1)
Religion in the Schools	29	(45)
School-Sponsored Prayer and Bible Reading	29	(1)
Recitation of a State Prayer	30	(1)
Engel v. Vitale	30	(5)
Prayer and Bible Reading	35	(1)
School District of Abington Township v. Schempp and Murray v. Curlett	35	(3)
Notes and Questions	38	(6)
Prayers at Graduation Exercises and other Public School-Sponsored Activities	44	(1)
Prayer at Graduation Exercises	44	(1)
Lee v. Weisman	44	(10)
Notes and Questions	54	(2)
Prayer at Other Public School Activities	56	(2)
Equal Access	58	(3)
The Teaching of Evolution	61	(1)
Edwards v. Aguillard	61	(4)
Notes	65	(1)
Textbooks	66	(2)
Distribution of Religious Literature	68	(1)
Released and Shared Time and Religious Instruction	69	(1)
Religious Holidays	70	(1)
Suggested Guidelines Regarding Religion in the Public Schools	71	(3)
Use of Facilities	74	(8)
Lamb's Chapel v. Center Moriches Union Free School District	75	(4)
Notes and Questions	79	(3)
Aid to Nonpublic Schools	82	(4)
School Fees	86	(4)
Hartzell v. Connell	86	(3)
Notes and Questions	89	(1)
Health Services	90	(5)
Immunization	90	(1)
Berg v. Glen Cove City School District	90	(2)
Notes	92	(1)
Distribution of Condoms	93	(2)
Students and the Law	95	(81)
Freedom of Expression	96	(24)
The Tinker Doctrine	96	(1)
Tinker v. Des Moines Independent Community School District	96	(7)
Notes	103	(2)
Limiting the Tinker Doctrine	105	(1)
Nonpolitical Speech	105	(1)
Bethel School District No. 403 v. Fraser	105	(5)
Notes	110	(1)
School-Sponsored Expressive Activities	110	(1)
Hazelwood School District v. Kuhlmeier	111	(4)
Notes and Questions	115	(2)
Participation in Patriotic Exercises	117	(1)
Sherman v. Community School District 21	117	(1)
Notes and Questions	118	(2)
Suspension, Expulsion, and Disciplinary Transfer	120	(17)
Suspension	120	(1)
Goss v. Lopez	120	(7)
Notes and Questions	127	(1)
Expulsion	128	(1)
Public School Expulsion	128	(1)
Gonzales v. McEuen	128	(3)
Notes and Questions	131	(2)
Private School Expulsion	133	(1)
Allen v. Casper	134	(2)
Note	136	(1)
Disciplinary Transfer	137	(1)
Corporal Punishment	137	(6)
Ingraham v. Wright	138	(4)
Notes and Questions	142	(1)
Search of Students and Lockers	143	(12)
Student Search	145	(1)
New Jersey v. T.L.O.	145	(5)
Notes and Questions	150	(1)
Search for Drugs and Weapons	150	(2)
Intrusive Search	152	(2)
Locker Search	154	(1)
Student Appearance	155	(7)
Dress	156	(2)
Uniforms	158	(2)
Grooming	160	(2)
Pregnancy, Parenthood, and Marriage	162	(1)
Participation in Extracurricular Activities	163	(10)
Legal Status of Extracurricular Activities	164	(1)
Palmer v. Merluzzi	164	(3)
Notes and Questions	167	(1)
Athletics	168	(1)
Married Students	169	(1)
Beeson v. Kiowa County School District RE-1	169	(2)
Notes and Questions	171	(1)
Gender Equity	171	(2)
School Punishment for Out-of-School Offenses	173	(3)
Teachers and the Law	176	(93)
Nonrenewal and Dismissal	176	(7)
Board of Regents of State Colleges v. Roth	177	(4)
Notes and Questions	181	(2)
Freedom of Expression	183	(11)
Tenured Teacher's Public Expression	184	(1)
Pickering v. Board of Education of Township High School District 205	184	(4)
Notes	188	(2)
Nontenured Teacher's Freedom of Expression	190	(1)
Mt. Healthy City School District Board of Education v. Doyle	190	(4)
Notes	194	(1)
Academic Freedom	194	(15)
Appropriate Material	195	(1)
Fowler v. Board of Education of Lincoln County	195	(4)
Notes and Questions	199	(5)
Political Speakers	204	(1)
Wilson v. Chancellor	204	(5)
Questions	209	(1)
Drug Testing	209	(2)
Personal Appearance	211	(4)
East Hartford Education Association v. Board of Education of Town of East Hartford	211	(4)
Notes and Questions	215	(1)
Teacher as Exemplar	215	(25)
Homosexual Teacher	216	(1)
Gaylord v. Tacoma School District No. 10	217	(7)
Notes and Questions	224	(3)
Adulterous Teacher	227	(1)
Erb v. Iowa State Board of Public Instruction	227	(4)
Note	231	(1)
Criminal Activities	231	(1)
Gillett v. Unified School District No. 276	231	(4)
Notes	235	(1)
Impropriety with Students	236	(1)
Barcheski v. Board of Education of Grand Rapids Public Schools	236	(4)
Notes	240	(1)
Employment Discrimination	240	(19)
Racial Discrimination	242	(3)
Sex Discrimination	245	(1)
Marshall v. Kirkland	246	(3)
Notes	249	(1)
Pregnancy	250	(1)
Eckmann v. Board of Education of Hawthorn School District	251	(3)
Notes and Questions	254	(2)
Religious Discrimination	256	(1)
Age Discrimination	257	(2)
Teacher Bargaining	259	(7)
Lehnert v. Ferris Faculty Association	260	(5)
Notes	265	(1)
Political Activities	266	(3)
School Desegregation	269	(36)
Historical Perspective	270	(16)
Separate but Equal Doctrine	270	(1)
Plessy v. Ferguson	270	(8)
Notes and Questions	278	(1)
De Jure Public School Segregation Unconstitutional (Brown I)	279	(1)
Brown v. Board of Education of Topeka	279	(4)
Notes and Questions	283	(1)
Implementation (Brown II)	283	(1)
Brown v. Board of Education of Topeka	284	(1)
Notes and Questions	285	(1)
Early Desegregation in the South	286	(1)
Desegregation in the Non-South	287	(9)
Intentional Segregative Action	288	(1)
Interdistrict Integration	289	(1)
Sheff v. O'Neill	290	(6)
Current Desegregation Issues	296	(6)
Release from Court Order	296	(3)
Race-Related Placement	299	(1)
Magnet Schools	299	(2)
Weighted Lottery	301	(1)
Epilogue	302	(3)
Individuals with Disabilities and the Law	305	(41)
The Individuals with Disabilities Education Act	307	(25)
Eligibility	307	(1)
Identification and Evaluation of Students	308	(1)
Substantive Educational Rights	309	(1)
Board of Education of the Hendrick Hudson Central School District v. Rowley	309	(6)
Notes and Questions	315	(1)
Individualized Education Programs	316	(1)
Appropriate Placements	316	(3)
Related Services	319	(1)
Procedural Protections	320	(2)
Discipline	322	(6)
Summary	328	(1)
Transition Services	329	(1)
Graduation and Competency Exams	330	(1)
Cost Issues	330	(1)
Notes and Questions	331	(1)
Section 504 of the Rehabilitation Act	332	(13)
Students and Section 504	333	(2)
Thomas v. Atascadero Unified School District	335	(4)
Notes	339	(1)
Grube v. Bethlehem Area School District	340	(3)
Note	343	(1)
Employees and Section 504	343	(2)
The Americans with Disabilities Act	345	(1)
School Finance and School Choice Issues	346	(37)
School Finance Reform	346	(24)
Background	346	(2)
Early Decisions	348	(1)
Fiscal Neutrality	348	(1)
Rodriguez	349	(1)
San Antonio Independent School District v. Rodriguez	350	(9)
Notes and Questions	359	(1)
Post-Rodriguez Litigation	359	(1)
Decisions Upholding State Finance Provisions	360	(1)
Decisions Effecting Reform	361	(1)
Rose v. Council for Better Education	362	(7)
Notes	369	(1)
Choice	370	(13)
Choice Plans	370	(1)
Public School Inter-and Intradistrict Open Enrollment	370	(1)
Interdistrict Specialized Schools and Plans	371	(1)
Voucher Plan	371	(4)
Charter Schools	375	(1)
Private Contractors	376	(1)
Tuition Tax Credits	376	(1)
Legal Implications	377	(2)
Listing of Selected Schools Finance-Related Cases	379	(4)
Educator and School District Liability	383	(32)
School District Immunity	383	(22)
Liability under State Law	383	(2)
Liability under Federal Law	385	(1)
Liability under 42 U.S.C. § 1983	385	(1)
Wood v. Strickland	385	(5)
Notes and Questions	390	(1)
Carey v. Piphus	391	(4)
Damages under Title IX	395	(1)
Teacher-to-Student Harassment	395	(1)
Gebser v. Lago vista Independent School District	395	(4)
Notes	399	(1)
Student-to-Student Harassment	400	(1)
Davis v. Monroe County Board of Education	400	(5)
Question	405	(1)
Educator Liability	405	(3)
Intentional Torts	405	(1)
Negligence	406	(1)
Duty of Care	406	(1)
Standard of Care	406	(1)
Proximate Cause	407	(1)
Actual Loss or Injury	407	(1)
Defenses for Negligence	407	(1)
Duties of Supervision	408	(4)
Before and after School	408	(2)
During School Hours	410	(1)
Off-Campus Activities	411	(1)
Parental Consent	412	(1)
Malpractice	412	(2)
Insurance	414	(1)
Questions	414	(1)
APPENDIX A-Analyzing a Court Decision	415	(3)
APPENDIX B-An Introduction to Research in School Law	418	(11)
APPENDIX C-The Constitution of the United States of America-Edited	429	(6)
APPENDIX D-Statutory Material	435	(12)
Title VII of the Civil Rights Act of 1964-P.L. 88-352	435	(2)
Pregnancy Discrimination Act of 1978-P.L. 95-555	437	(1)
Age Discrimination in Employment Act of 1967-P.L. 90-202	438	(1)
Age Discrimination in Employment Act Amendments of 1978-P.L. 95-256	439	(1)
Age Discrimination in Employment Act Amendments of 1986-P.L. 99-592	439	(1)
Title IX of the Education Amendments of 1972-P.L. 92-318	440	(1)
Section 504 of the Rehabilitation Act of 1973-P.L. 93-112	441	(1)
Family Educational Rights and Privacy Act of 1974-P.L. 93-380	441	(2)
Equal Access Act of 1984-P.L. 98-377	443	(2)
Civil Rights-42 U.S.C. §1981-1983	445	(2)
Glossary	447	(6)
Index	453