School Law for K-12 Educators

Preface
Introduction to the Legal System and Legal Research
PART I. POLICY ISSUES
1. School Desegregation
Overview
Case Study: Correcting an Inequity or Taxation Without Representation
Important Concepts
Constitutional and Statutory Underpinnings
Challenges to State-Fostered (De Jure) School Segregation
Challenges to Non-purposeful (De Facto) School Segregation
Desegregation of Teachers
Recent Court Activity
Case Study: Providing Plaintiffs with an Effective Remedy or an Improper Remedy
Conclusion
Case Briefs
2. Church-State Interaction
Overview
Case Study: Equal Access or School Support of Religion?
Important Concepts
The Key Principle: Government Must Remain Neutral toward Religion
Governmental Support and Regulation of Parochial Education
Religious Influences in Public Schools
Religious Objections to Public School Practices
Case Study: Free Speech or Supporting Christianity?
Conclusion
Case Briefs
3. No Child Left Behind Act
Overview
Case Study: Another Unfunded Mandate
Important Concepts
No Child Left Behind Act
Case Study: Why does a special education teacher have to be highly qualified?
Conclusion
Case Briefs
PART II. STUDENTS' RIGHTS
4. School Attendance
Overview
Case Study: Schooling at Home or a Real Education
Important Concepts
School Attendance
Case Study: Is Home Schooling Equivalent Education?
Conclusion
Case Briefs
5. Student Conduct and Discipline
Overview
Case Study: Art or Violence: Where do you draw the line?
Important Concepts
Student Conduct
Student Discipline
Reasonableness Standard
Case Study: Drugs in Her Brassiere
Conclusion
Case Briefs
6. Student Records
Overview
Case Study: Peer-graded Papers or Educational Records?
Important Concepts
Privacy and Access to Student Records
Health Insurance Portability and Accountability Act
Case Study: Non-residential parent wants to attend school conferences
Conclusion
Case Briefs
7. English Language Learners
Overview
Case Study: Let's Treat These New Immigrants Like Our Grandparents Were Treated?
Important Concepts
Bilingual-Bicultural Education
Legal Basis
Castaneda Guidelines
Bilingual Education Acts
Related Issues
Case Study: It's My Heritage and You Should Recognize It
Conclusion
Case Briefs
8. Education Of Students With Disabilities
Overview
Case Study: It Wasn't So Long Ago
Important Concepts
Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)
Americans with Disabilities Act (ADA) of 1990
The Rehabilitation Act of 1973, Section 504
Due Process Issues and Concerns
Case Study: Steep Steps
Case Study: Do Special Education Services Follow The Child To A Private School Setting?
Conclusion
Case Briefs
PART III. TEACHERS' RIGHTS
9. Teachers' Rights and Concerns
Overview
Case Study: The "Teacher" in Red
Important Concepts
Selected Terms and Conditions of Teacher Employment
Case Study: This Pink Floyd Wasn't a Student
Conclusion
Case Briefs
10. Teachers-Certifications, Licensure, And Contracts For Employment
Overview
Case Study: Minimal Conditions For Pregnancy Leave
Important Concepts
Teacher Certification
Employment of Teachers
Teachers' Contracts
Highly Qualified Teachers
Case Study: Hire the Best and Brightest
Conclusion
Case Briefs
11. Collective Bargaining -Teacher-Employment
Overview
Case Study: Free Rider
Important Concepts
The Collective-Bargaining Process
Other Terms and Conditions of Teacher Employment
Case Study: Is Tenure Worth a Urinalysis Exam?
Conclusion
Case Briefs
12. Teacher Dismissal and Retirement and Discrimination in Employment
Overview
Case Study: Teacher Dismissal and Retirement
Important Concepts
Termination of Employment through Dismissal
Termination of Employment through Retirement
Discrimination in Employment
Discrimination against Persons with Disabilities
Case Study: Private and Public
Conclusion
Case Briefs
PART IV. LEGAL ASPECTS OF SCHOOLS
13. Local School Boards and Contract Liability
Overview
Case Study: Should the School Board Pay?
Important Concepts
Authority of the Local School Board
School Board Officers and Elections
School Board Meetings
General Principles of Statutory Contract Liability
The Competitive Bidding Process
Recovery under the Various Forms of Contract
Conflicts of Interest
Case Study: Variable School Boundaries?
Conclusion
Case Briefs
14. Tort Liability of School Districts, Officers, and Employees
Overview
Case Study: Drinking in School
Important Concepts
Elements of the Tort of Negligence
Defenses Against Liability in the School Setting
Federal Tort Liability
Case Study: A Terrible Reaction
Conclusion
Case Briefs
15. Financing Public Schools and Use of Funds
Overview
Case Study: Breakdown in a State's Balance of Power
Important Concepts
Public School Revenues
Allocation of State Funds
Local School District Budgets and Expenditures
Proper and Fund Use
School Property
Use of School Funds for Particular Purposes
Case Study: Can School Property Use Be Refused to Religious Groups?
Conclusion
Case Briefs
16. School Violence and Internet Issues
Overview
Case Study: School Violence on the Internet
Important Concepts
School Violence
Juvenile Courts
Student Free Speech and the Internet
Case Study: Juvenile Court Proceedings or School Records?
Conclusion
Case Briefs
Appendix A: Selected Provisions of the Constitution of the United States
Appendix B: Table of Authorities
Glossary
Index
About the Author