School Law for K-12 Educators

"The greatest strength is presentation of facts, narratives, cases, in a concise format with discussion questions and topics."

• PrefaceIntroduction to the Legal System and Legal ResearchPART I. POLICY ISSUES1. School DesegregationOverviewCase Study: Correcting an Inequity or Taxation Without RepresentationImportant ConceptsConstitutional and Statutory UnderpinningsChallenges to State-Fostered (De Jure) School SegregationChallenges to Non-purposeful (De Facto) School SegregationDesegregation of TeachersRecent Court ActivityCase Study: Providing Plaintiffs with an Effective Remedy or an Improper RemedyConclusionCase Briefs2. Church-State InteractionOverviewCase Study: Equal Access or School Support of Religion?Important ConceptsThe Key Principle: Government Must Remain Neutral toward ReligionGovernmental Support and Regulation of Parochial EducationReligious Influences in Public SchoolsReligious Objections to Public School PracticesCase Study: Free Speech or Supporting Christianity?ConclusionCase Briefs3. No Child Left Behind ActOverviewCase Study: Another Unfunded MandateImportant ConceptsNo Child Left Behind ActCase Study: Why does a special education teacher have to be highly qualified?ConclusionCase BriefsPART II. STUDENTS′ RIGHTS4. School AttendanceOverviewCase Study: Schooling at Home or a Real EducationImportant ConceptsSchool AttendanceCase Study: Is Home Schooling Equivalent Education?ConclusionCase Briefs5. Student Conduct and DisciplineOverviewCase Study: Art or Violence: Where do you draw the line?Important ConceptsStudent ConductStudent DisciplineReasonableness StandardCase Study: Drugs in Her BrassiereConclusionCase Briefs6. Student RecordsOverviewCase Study: Peer-graded Papers or Educational Records?Important ConceptsPrivacy and Access to Student RecordsHealth Insurance Portability and Accountability ActCase Study: Non-residential parent wants to attend school conferencesConclusionCase Briefs7. English Language LearnersOverviewCase Study: Let’s Treat These New Immigrants Like Our Grandparents Were Treated?Important ConceptsBilingual-Bicultural EducationLegal BasisCastaneda GuidelinesBilingual Education ActsRelated IssuesCase Study: It’s My Heritage and You Should Recognize ItConclusionCase Briefs8. Education Of Students With DisabilitiesOverviewCase Study: It Wasn’t So Long AgoImportant ConceptsIndividuals with Disabilities Education Improvement Act of 2004 (IDEIA)Americans with Disabilities Act (ADA) of 1990The Rehabilitation Act of 1973, Section 504Due Process Issues and ConcernsCase Study: Steep StepsCase Study: Do Special Education Services Follow The Child To A Private School Setting?ConclusionCase BriefsPART III. TEACHERS′ RIGHTS9. Teachers’ Rights and ConcernsOverviewCase Study: The “Teacher” in RedImportant ConceptsSelected Terms and Conditions of Teacher EmploymentCase Study: This Pink Floyd Wasn’t a StudentConclusionCase Briefs10. Teachers-Certifications, Licensure, And Contracts For EmploymentOverviewCase Study: Minimal Conditions For Pregnancy LeaveImportant ConceptsTeacher CertificationEmployment of TeachersTeachers’ ContractsHighly Qualified TeachersCase Study: Hire the Best and BrightestConclusionCase Briefs11. Collective Bargaining –Teacher-EmploymentOverviewCase Study: Free RiderImportant ConceptsThe Collective-Bargaining ProcessOther Terms and Conditions of Teacher EmploymentCase Study: Is Tenure Worth a Urinalysis Exam?ConclusionCase Briefs12. Teacher Dismissal and Retirement and Discrimination in EmploymentOverviewCase Study: Teacher Dismissal and RetirementImportant ConceptsTermination of Employment through DismissalTermination of Employment through RetirementDiscrimination in EmploymentDiscrimination against Persons with DisabilitiesCase Study: Private and PublicConclusionCase BriefsPART IV. LEGAL ASPECTS OF SCHOOLS13. Local School Boards and Contract LiabilityOverviewCase Study: Should the School Board Pay?Important ConceptsAuthority of the Local School BoardSchool Board Officers and ElectionsSchool Board MeetingsGeneral Principles of Statutory Contract LiabilityThe Competitive Bidding ProcessRecovery under the Various Forms of ContractConflicts of InterestCase Study: Variable School Boundaries?ConclusionCase Briefs14. Tort Liability of School Districts, Officers, and EmployeesOverviewCase Study: Drinking in SchoolImportant ConceptsElements of the Tort of NegligenceDefenses Against Liability in the School SettingFederal Tort LiabilityCase Study: A Terrible ReactionConclusionCase Briefs15. Financing Public Schools and Use of FundsOverviewCase Study: Breakdown in a State’s Balance of PowerImportant ConceptsPublic School RevenuesAllocation of State FundsLocal School District Budgets and ExpendituresProper and Fund UseSchool PropertyUse of School Funds for Particular PurposesCase Study: Can School Property Use Be Refused to Religious Groups?ConclusionCase Briefs16. School Violence and Internet IssuesOverviewCase Study: School Violence on the InternetImportant ConceptsSchool ViolenceJuvenile CourtsStudent Free Speech and the InternetCase Study: Juvenile Court Proceedings or School Records?ConclusionCase BriefsAppendix A: Selected Provisions of the Constitution of the United StatesAppendix B: Table of AuthoritiesGlossaryIndexAbout the Author