A Teacher's Pocket Guide to School Law

Nathan L. Essex has taught public school law for more than 25 years and has led over 350 workshops and seminars on legal issues in education. He has published more than 75 national articles on various aspects of law, published a public school law textbook, "School Law and the Public Schools: A Practical Guide for Educational Leaders," now in its 5th edition and completed the first edition of a law book entitled "The 200 Most Frequently Asked Legal Questions for Educators. "

CHAPTER 1

CONTROL OF PUBLIC SCHOOLS

 

STATE AND LOCAL CONTROL OF EDUCATION

State Board of Education

    Chief State School Office

    State Department of Education

Local Control of Public Schools

Teachers as Employees of Local School Boards

School District Rules and Regulations

School Board Meetings

Curriculum Standards

Guides, Control of Public Schools

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CHAPTER 2

INSTRUCTION AND CURRICULUM STANDARDS

 

ACADEMIC ISSUES

Curriculum Standards

NO CHILD LEFT BEHIND ACT OF 2001

Public School Choice

PUTTING READING FIRST

Summary and Implications, Accountability

Participation

Adequately Yearly Progress

Teacher Quality

Qualified Teachers

Paraprofessionals

Restructuring

Alternative Governance

VOUCHERS

CHARTER SCHOOLS

Guides, Instructional Program

INTELLECTUAL PROPERTY AND FAIR USE

Copying Computer Software

USE OF THE INTERNET FOR INSTRUCTION

School or District Responsibility

Guides, Use of the Internet for Instruction

GRADING AND ACADEMIC REQUIREMENTS

Student Testing

Grade Reduction for Absences

Grade Reduction for Unexcused Absences

Grade Reduction for Academic Misconduct

Physical Punishment for Poor Academic Performance

Guides, Grading and Academic Requirements

EDUCATIONAL MALPRACTICE

Guides, Educational Malpractice

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CHAPTER 3

RELIGION AND PUBLIC SCHOOLS

 

PRAYER, BIBLE READING AND RELIGIOUS SYMBOLS

School Sponsored Prayer

Silent Prayer and Meditation

Prayer at School Events

School-Sponsored Bible Reading

Religious Symbols

Religious Displays

Ten Commandments

Prayer at School Board Meetings

Guides, Prayer and Bible Use in School

RELIGIOUS ACTIVITIES AND HOLIDAY PROGRAMS

Distribution of Religious Materials

Pledge of Allegiance

            Landmark Case

Guides, Religious Activities

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CHAPTER 4

STUDENTS, THE LAW AND PUBLIC SCHOOLS

 

FREEDOM OF EXPRESSION

Tinker Case

Guides, Freedom of Expression

Protests and Demonstrations

Guides, Protests and Demonstrations

SCHOOL SPONSORED NEWSPAPERS

Guides, Student Newspapers

CENSORSHIP

Guides, Censorship

DRESS AND APPEARANCE

Health and Safety Issues

Controversial Slogans

Guides, Dress and Appearance

SEARCH AND SEIZURE

Reasonable Suspicion

Student Desks

Student Lockers

Book Bags

Automobiles

Personal Searches

Guides, Search and Seizure

USE OF PAGERS AND CELLULAR PHONES

Guides, Pagers and Cellular Phones

CORPORAL PUNISHMENT

Reasonable Punishment

Minimal Due Process

Excessive Punishment

Guides, Corporal Punishment

CLASSROOM HARASSMENT

The Supreme Court’s Decision

Guides, Classroom Harassment

CHILD ABUSE

PREGNANT STUDENTS

MARRIED STUDENTS

Guides, Pregnant and Married Students

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CHAPTER 5

DUE PROCESS AND STUDENT SAFETY

 

CREATING SAFE SCHOOLS

GANGS AND DRESS

Guides, Gangs and Dress

School Uniform Dress Policies and Students’ Freedom of Expression Rights

Early Legal Challenges

Guides, Uniforms

ZERO TOLERANCE AND SCHOOL SAFETY

Recent Zero Tolerance Practices

Guides, Zero Tolerance

SCHOOL SUSPENSION

Guides, School Suspension

Procedural and Substantive Due Process

EXPULSION

Guides, Expulsion

Metal Detectors

Guides, Metal Detectors

Drug Testing

Alcohol Use and Breathalyzers

Guides, Drugs And Alcohol Testing

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CHAPTER 6

LIABILITY AND STUDENT RECORDS

 

SANCTIONS FOR VIOLATING FAMILY PRIVACY RIGHTS

Rights of Parents

Rights of Noncustodial Parents

Rights of Eligible Students

Rights of School Personnel

Enforcement of State or Federal Statutes

FAMILY EDUCATION RIGHTS AND PRIVACY ACT

Significant U.S. Supreme Court Rulings

DEFAMATION INVOLVING SCHOOL PERSONNEL

Slander

Libel

Privilege

Good Faith

Acts of Malice

CONFIDENTIALITY ISSUES INVOLVING SCHOOL COUNSELORS

Guides, Liability and Students Records

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CHAPTER 7

INDIVIDUALS WITH DISABILITIES

 

INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 1990 (IDEA)

Mandatory Requirements

Functional Exclusion of Children with Disabilities

Interpretation and Identification of Children with Disabilities

Response to Intervention

Individualized Education Program Requirement

No Child Left Behind

Least Restrictive Environment

Equal Access to Assistive Technology for Students with Disabilities

Technology Assistive Services

Program Review and Changes

Education-Related Service Requirement

Inclusion of Children with Disabilities

Attention Deficit Hyperactivity Disorder and Federal Protection

DISCIPLING STUDENTS WITH DISABILITIES

Expulsion

Suspension

Rehabilitation Act of 1973, Sec. 504

Guides, Students with Disabilities

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CHAPTER 8

THE TEACHER AND SCHOOL LIABILITY

 

THE SCHOOL AS A SAFE PLACE

LIABILITY OF SCHOOL PERSONNEL

Individual Liability

Vicarious Liability

Foreseeability

Nuisance

INTENTIONAL TORTS

Mental Distress

False Imprisonment

Trespassing on Personal Property

UNINTENTIONAL TORTS

Standard of Care

Breach of Duty

Proximity or Legal Cause

Injury

DEFENSES FOR NEGLIGENCE

Contributory Negligence

Assumption of Risk

Comparative Negligence

Immunity

Liability Costs

DUTIES OF SUPERVISION

Supervision Before School and After School

Field Trips

Parental Consent and Written Waivers

Guides, School Liability

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CHAPTER 9

DISCRIMINATION IN EMPLOYMENT

 

TITLE VII, DISCRIMINATION

Sexual Discrimination

THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT OF 1990

Qualifications for Employment

Scope of Protection–Section 504 and ADA

Guides, Americans with Disabilities

Racial Discrimination

Religious Discrimination

Age Discrimination

PREGNANCY AND SCHOOL EMPLOYMENT

FAMILY AND MEDICAL LEAVE ACT (FMLA)

Guides, Discrimination

SEXUAL HARASSMENT

Sexual Harassment of Students by School Personnel

Guides, Sexual Harassment

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CHAPTER 10

TEACHER FREEDOMS

 

SUBSTANTIVE AND PROCEDURAL CONSIDERATIONS

FREEDOM OF EXPRESSION

Speech Outside the School Environment

Academic Freedom

FREEDOM OF ASSOCIATION

POLITICAL RIGHTS

DRESS AND GROOMING

UNWED PREGNANT TEACHERS

RIGHT TO PRIVACY

Guides, Teacher Freedoms

RELIGIOUS FREEDOMS

Use of Religious Garb by School Personnel

TITLE VII–RELIGIOUS DISCRIMINATION

Guides, Religious Discrimination

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CHAPTER 11

TENURE, DISMISSAL AND COLLECTIVE BARGAINING

 

TENURE

Acquisition of Tenure

Nonrenewal

Guides, Tenure

Teacher Evaluation

Guides, Teacher Evaluation

FINANCIAL EXIGENCY (ABOLITION OF POSITIONS)

Guides, Financial Exigency

DISMISSAL FOR CAUSE

Incompetency

Insubordination

Neglect of Duty

Immorality

Conduct Involving Morality

Sexual Advances Toward Students

Guides, Dismissal for Cause

Good or Just Cause

Guides, Good or Just Cause

COLLECTIVE BARGAINING

Private Sector Versus Public Sector Bargaining

State Involvement

Scope of Collective Bargaining

Impasse and Bargaining

Worker’s Compensation

Guides, Collective Bargaining

 

 

Appendix A:  Selected Constitutional Provisions

 

Appendix B:  Selected Federal Statutes

 

Appendix C:  Relevant Educational Resources for Teachers and Other Professional Educators

 

Glossary of Relevant Legal Terms

 

Index