A Teacher's Pocket Guide to School Law

Nathan L. Essex is a professor of Educational Law and Leadership at the University of Memphis and President of Southwest Tennessee Community College.  He received a B.S. in English at Alabama A&M University, an M.S. in Educational Administration at Jacksonville State University, and a Ph.D. in Administration and Planning at the University of Alabama.               Essex’s interests include law, educational policy, and personnel administration.  He has served as consultant for more than 100 school districts and numerous educational agencies.  He served as a policy consultant with the Alabama State Department of Education for 12 years and received numerous awards in recognition of his contributions in the field of education.  He is the recipient of the Truman M. Pierce Award for Educational Leadership, for outstanding contributions which advanced the direction of education in the state of Alabama; the Academic Excellence Award in recognition of professional achievement and academic excellence in the research, service, and teaching of education, Capstone College of Education Society, The University of Alabama; Teaching Excellence Award; Distinguished Service Award — Who’s Who in the State of Tennessee; The University of Memphis Distinguished Administrator of the Year 1995-1996, “Educator on the Move,” the University of Memphis; Phi Delta Kappa, the Presidents award for leadership and serve to the community, Youth Services, Inc.; Who’s Who in Corporate Memphis, Grace Magazine; and President Bush’s Community Service Award, just to name a few.  Essex has published numerous articles, book chapters, and newsletters on legal issues.  Many of his works appear in The Administrator’s Notebook, The Horizon, Compensation Review, The Clearinghouse, The American School Board Journal, American Management Association, Community College Review, Education and Law, and many other professional journals.  He is highly sought by educators at all levels to share his knowledge and expertise regarding legal issues that impact public schools.

Introduction.

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

2. Instruction and Curriculum Standards.



    Academic Issues.

            Curriculum Standards

    No Child Left Behind Act of 2001.

            Public School Choice

            Summary and Implications, Accountability

    Vouchers.

    Charter Schools.

            Guides, Instructional Program

    Intellectual Property and Fair Use.

            Copying Computer Software

    Use of the Internet for Instruction.

            School or District Responsibility

            Teacher’s Responsibility

            Parent’s 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

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

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, Use of Pagers and Cellular Phones

    Corporal Punishment.

            Reasonable Punishment

            Minimal Due Process

            Excessive Punishment

            Guides, Corporal Punishment

    Classroom Harrassment.

            The Supreme Court’s Decision

            Guides, Classroom Harassment

    Child Abuse.

    Pregnant Students.

    Married Students.

            Guides, Pregnant and Married Students

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

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.

            Recent 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

7. Individuals with Disabilities.

    Individuals with Disabilities Education Act or 1990 (IDEA).

            Mandatory Requirements

            Functional Exclusion of Children with Disabilities

            Interpretation and Identification of Children with Disabilities

            Prereferral Intervention

            Individualized Education Program Requirement

            Least Restrictive Environment

            Equal Access to Assistive Technology for Students with Disabilities

            Program Review and Changes

            Education-Related Service Requirement

            Inclusion of Children with Disabilities

            Attention Deficit Hyperactivity Disorder and Federal Protection

    Disciplining Students with Disabilities.

            Expulsion

            Suspension

            Guides, Students with Disabilities

8. The Teacher and School Liability.

    The School as a Safe Place.

    Liability of School Personnel.

            Individual Liability

            Vicarious Liability

            Foreseeability

            Nuisance

    Intentional Torts.

            Libel and Slander

            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

            Liability Costs

    Duties of Supervision.

            Supervision Before School and After School

            Field Trips

            Parental Consent and Written Waivers

            Guides, School Liability

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 Harrassment.

            Guides, Sexual Harassment

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

11. Tenure, Dismissal and Collective Bargaining.

    Tenure.

            Acquisition of Tenure

            Nonrenewal

            Guides, Tenure

            Teacher Evaluation

            Guides, Teacher Evaluation

    Dismissal for Cause.

            Incompetency

            Insubordination

            Neglect of Duty

            Immorality

            Conduct Involving Morality

            Sexual Advances Toward Students

            Guides, Dismissal for Cause

    Financial Exigency (Abolition of Positions).

            Guides, Financial Exigency

            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.