Table of Contents
Preface.
I.EDUCATIONAL GOVERNANCE: SOURCES OF LAW AND THE COURTS.
1.Sources of Law.
Federal Level.
State Level.
Local Level.
2.The American Judicial System.
State Court Systems.
Federal Court System.
II.SCHOOLS AND THE STATE.
1.Compulsory Attendance.
Satisfied by Parochial, Private, or Home School Attendance.
Regulation of Nonpublic Schools.
Home Instruction.
Admission Issues.
2.Religion in the Schools.
School-Sponsored Prayer and Bible Reading.
Equal Access.
The Teaching of Evolution.
Textbooks.
Distribution of Religious Literature.
Released and Shared Time and Religious Instruction.
Religious Holidays.
Suggested Guidelines Regarding Religion in the Public Schools.
3.Use of Facilities.
Lamb's Chapel versus Center Moriches Union Free School District.
Notes and Questions.
4.Aid to Nonpublic Schools.
5.School Fees.
Hartzell versus Connell.
Notes and Questions.
6.Health Services.
Immunization.
Distribution of Condoms.
III.STUDENTS AND THE LAW.
1.Freedom of Expression.
The Tinker Doctrine.
Limiting the Tinker Doctrine.
Participation in Patriotic Exercises.
2.Suspension, Expulsion, and Disciplinary Transfer.
Suspension.
Expulsion.
Disciplinary Transfer.
3.Corporal Punishment.
Ingraham versus Wright.
Notes and Questions.
4.Search of Students and Lockers.
Student Search.
Search for Drugs and Weapons.
Intrusive Search.
Locker Search.
5.Dress and Grooming.
Dress.
Grooming.
6.Pregnancy, Parenthood, and Marriage.
7.Participation in Extracurricular Activities.
Legal Status of Extracurricular Activities.
Athletics.
8.School Punishment for Out-of-School Offenses.
IV.TEACHERS AND THE LAW.
1.Nonrenewal and Dismissal.
Board of Regents of State Colleges versus Roth.
Notes and Questions.
2.Freedom of Expression.
Tenured Teacher's Public Expression.
Nontenured Teacher's Freedom of Expression.
3.Academic Freedom.
Appropriate Materials.
Political Speakers.
4.Drug Testing.
5.Dress.
East Hartford Education Association versus Board of Education of Town of East Hartford.
Notes and Questions.
6.Teacher as Exemplar.
Homosexual Teacher.
Gaylord versus Tacoma School District No. 10.
Notes and Questions.
Adulterous Teacher.
Erb versus Iowa State Board of Public Instruction.
Notes and Questions.
Criminal Activities.
Gillett versus Unified School District No. 276.
Note.
Impropriety with Students.
Barcheski versus Board of Education of Grand Rapids Public Schools.
Notes.
7.Employment Discrimination.
Racial Discrimination.
Sex Discrimination.
Marshall versus Kirkland.
Notes.
Pregnancy.
Eckmann versus Board of Education of Hawthorn School District.
Notes and Questions.
Religious Discrimination.
Age Discrimination.
Geller versus Markham.
Notes and Questions.
8.Teacher Bargaining.
Lehnert versus Ferris Faculty Association.
Notes.
9.Political Activities.
V.SCHOOL DESEGREGATION.
1.Historical Perspective.
Separate but Equal Doctrine.
De jure Public School Segregation Unconstitutional (Brown I).
Implementation (Brown II).
2.Desegregation in the South.
Freedom of Choice.
Defining the Scope of the Duty to Eliminate the Dual School System.
3.Current Desegregation Issues.
Desegregation in the Non-South.
Release from Court Order.
4.Epilogue.
VI.INDIVIDUALS WITH DISABILITIES AND THE LAW.
1.The Individuals with Disabilities Education Act.
Eligibility.
Identification and Evaluation of Students.
Substantive Educational Rights.
Individualized Education Programs.
Appropriate Placements.
Related Services.
Procedural Protections.
Discipline.
Transition Services.
Graduation and Competency Exams.
Cost Issues.
Notes and Questions.
2.Section 504 of the Rehabilitation Act.
Students and Section 504.
Employees and Section 504.
3.The Americans with Disabilities Act.
VII.SCHOOL FINANCE ISSUES.
1.School Finance Reform.
Background.
Early Decisions.
Fiscal Neutrality.
San Antonio Independent School District versus Rodriguez.
Post-Rodriguez Litigation.
2.Choice.
Choice Plans.
Legal Implications.
VIII. EDUCATOR AND SCHOOL DISTRICT LIABILITY.
1.School District Immunity.
Liability Under State Law.
Liability Under Federal Law.
2.Educator Liability.
Intentional Torts.
Negligence.
Defenses for Negligence.
3.Duties of Supervision.
Before and After School.
During School Hours.
Off-Campus Activities.
4.Parental Consent.
5.Malpractice.
6.Insurance.
Questions.
Appendix A: Analyzing a Court Decision.
Appendix B: An Introduction to Research in School Law.
Appendix C: The Constitution of the United States of America — Edited.
Appendix D: Statutory Material.
Glossary.
Index.
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