Public School Law

Martha McCarthy isPresidential Professor at Loyola Marymount University and Chancellor's Professor Emeritus at Indiana University where she teaches educational law and policy courses. She has written numerous books and articles, and has made frequent presentations on various school law topics at educational leadership programs with faculty members. She has served as President of the Education Law Association and the University Council for Educational Administration (UCEA), and Vice President for Division A of the American Educational Research Association. Among her accolades, she received the Roald Campbell Lifetime Achievement Award from UCEA. Nelda Cambron-McCabe is Professor of Educational Leadership and Chair, Department of Educational Psychology at Miami University. Her teaching and research interests include public school law, leadership, and organizational learning. She has published extensively in these areas, including books and articles, as well as frequent presentations at conferences and to educators in the field. She has served as President of the Education Law Association and the American Education Finance Association, and has received a number of awards and honors for research and service contributions to education. Suzanne Eckes is an associate professor at Indiana University where she teaches and researches about education law. A prolific author, she has written over 70 articles on school legal issues, is a co-author on Principals Teaching the Law (Corwin, 2010), and a co-editor on the Principal's Legal Handbook (Education Law Association, in press) and School Discipline and Safety (Sage, in press). She has been invited to speak at several national and international venues about the legal rights of teachers and students, and has received several awards for her teaching and research accomplishments.

Contents

Preface xii

1 Legal Framework of Public Education

State Control of Education

State Legislation

State Administrative Agencies

Local School Boards

Federal Role in Education

United States Constitution

Constitutional Amendments that Relate to School Law

Federal Legislation

Federal Administrative Agencies

Function and Structure of the Judicial System

Filing a Case

States Courts

Federal Courts

Judicial Trends

Conclusion



2 Church/State Relations

Constitutional Framework

Religious Influences in Public Schools

Silent Prayer Statutes

School-Sponsored versus Private Devotionals

Religious Displays, Music, and Holiday Observances

Proselytization in the Classroom

Equal Access for Religious Expression and Groups

Accommodations for Religious Beliefs

Release-Time Programs

Religious Absences

Religious Exemptions from Secular Activities

Religious Challenges to the Secular Curriculum

The Origin of Humanity

Other Challenges

State Aid to Private Schools

Aid for Student Services

Aid to Encourage Educational Choice

Conclusion



3 School Attendance and Instructional Issues

Compulsory School Attendance

Alternatives to Traditional Public Schooling

Health Requirements

Residency Requirements

School Fees

Transportation

Textbooks, Courses, and Materials

The School Curriculum

Requirements and Restrictions

Censorship of Instructional Materials

Student Proficiency Testing

Educational Malpractice/Instructional Negligence

Instructional Privacy Rights

Student Records

Pupil Protection and Parental Rights Laws

Conclusion



4 Students' Rights in Noninstructional Matters

Freedom of Speech and Press

Legal Principles

School-Sponsored Expression

Threats

Prior Restraints Versus Punishment After the Fact

Anti-Harassment and Anti-Bullying Policies

Electronic Expression

Time, Place, and Manner Regulations

Future Directions

Student-Initiated Clubs

Student Appearance

Hairstyle

Attire

Extracurricular Activities

Recruitment and Eligibility

Training Regulations and Other Conditions on Participation

Fees for Participation

Conclusion



5 Student Classifications

Legal Context

Classifications Based on Race

Pre-Brown Litigation

De Jure Segregation in the South

Distinguishing between De Jure and De Facto Segregation

Fashioning Appropriate Remedies

Achieving Unitary Status

Postunitary Transfer and School Assignment

Race as a Factor in Admission to Private Schools

Race Discrimination and Matriculated Students

Classifications Based on Native Language

Classifications Based on Ability or Achievement

Tracking Schemes

Gifted and Talented Students

Classifications Based on Age

Classifications Based on Sex

Interscholastic Sports

Academic Programs

Sexual Harassment of Students

Marriage and Pregnancy

Conclusion



6 Rights of Students with Disabilities

Legal Context

Rehabilitation Act

Americans with Disabilities Act

Individuals with Disabilities Education Act

Individualized Education Programs

Initial Identification

Evaluation

IEP Team

IEP Preparation

Free Appropriate Public Education

Least Restrictive Environment

Private Schools

Related Services

Transportation

Psychological Services

Health and Nursing Services

Extended School Year

Participation in Sports

Discipline

Suspension

Expulsion

Procedural Safeguards

Stay-Put Provision

Informal Meeting

Mediation

Impartial Due Process Hearing

State Review

Civil Action

Remedies and Attorneys' Fees

Conclusion



7 Student Discipline

Conduct Regulations

Expulsions and Suspensions

Expulsions

Suspensions

Corporal Punishment

Constitutional Issues

State Law

Academic Sanctions

Absences

Misconduct

Search and Seizure

Lockers

Search of Personal Possessions

Personal Search of Students

Metal Detectors

Drug-Detecting Canines

Drug Testing

Police Involvement

Remedies for Unlawful Disciplinary Actions

Conclusion



8 Terms and Conditions of Employment

Licensure or Certification

Employment by Local School Boards

Employment Requirements

Assignment of Personnel and Duties

Contracts

Term and Tenure Contracts

Supplemental Contracts

Domestic Partner Benefits

Leaves of Absence

Personnel Evaluation

Personnel Records

Other Employment Issues

Using Copyrighted Materials

Reporting Suspected Child Abuse

Conclusion



9 Teachers' Substantive Constitutional Rights

Freedom of Expression

Legal Principles

Application of the Legal Principles

Prior Restraint and Channel Rules

Expressing Personal Views in the Classroom

Academic Freedom

Course Content

Teaching Strategies

Freedom of Association

Political Affiliations

Political Activity

Personal Appearance

Constitutional Privacy Rights

Search and Seizure

Out-of-School Conduct

Conclusion



10 Discrimination in Employment

Legal Context

Fourteenth Amendment

Title VII

Race and National-Origin Discrimination

Hiring and Promotion Practices

Adverse Decisions

Affirmative Action

Sex Discrimination

Hiring and Promotion Practices

Compensation Practices

Termination, Nonrenewal, and Denial of Tenure

Sexual Harassment

Pregnancy Discrimination

Retirement Benefits

Sexual-Preference Discrimination

Access to Benefits

Harassment

Adverse Employment Decisions

Religious Discrimination

Hiring and Promotion Practices

Accommodation

Adverse Employment Decisions

Age Discrimination

Hiring and Promotion Practices

Compensation and Benefits

Adverse Employment Actions

Retaliation

Retirement

Disability Discrimination

Qualifying as Disabled

Otherwise Qualified

Reasonable Accommodation

Termination and Nonrenewal

Conclusion



11 Termination of Employment

Procedural Due Process in General

Dismissal

Nonrenewal

Establishing Protected Property and Liberty Interests

Procedural Requirements in Discharge Proceedings

Notice

Hearing

Dismissal for Cause

Incompetency

Immorality

Insubordination

Neglect of Duty

Unprofessional Conduct

Other Good and Just Cause

Reduction-in-Force

Remedies for Violations of Protected Rights

Liability of School Officials

Liability of School Districts

Remedies

Conclusion



12 Labor Relations

Employees' Bargaining Rights in the Private and Public Sectors

Teachers' Statutory Bargaining Rights

Scope of Negotiations

Governmental Policy

Selected Bargaining Subjects

Union Security Provisions

Dues and Service Fees

Exclusive Privileges

Grievances

Negotiation Impasse

Strikes

Conclusion



13 Tort Liability

Negligence

Duty

Breach of Duty/Standard of Care

Proximate Cause

Injury

Defenses against Negligence

Intentional Torts

Assault and Battery

False Imprisonment

Intentional Infliction of Mental Distress

Defamation

Private and Public Persons

Veracity of Statements

Fact versus Opinion

Privilege

Damages

Conclusion



14 Summary of Legal Generalizations

Generalizations

Conclusion

Glossary

Selected Supreme Court Decisions

Index