Education Law

Michael Imber (Ph.D. Stanford University) is Professor of Educational Leadership and Policy Studies in the School of Education at the University of Kansas. Tyll van Geel (Ed.D. Harvard University; J.D. Northwestern University) is Taylor Professor of Education Emeritus in the Graduate School of Education, University of Rochester, Rochester, NY.

Preface


1 Understanding Education Law


1.1 Forms of Law


1.2 The Courts and Education Law


1.3 The Judicial System


1.4 Elements of a Judicial Decision


1.5 Legal Citations


1.6 Summary


2 Compulsory Education


2.1 Compulsory Education Laws: An Overview


Pierce v. Society of Sisters


2.2 Exemptions from Compulsory Education


Wisconsin v. Yoder


2.3 Admission Requirements and School Assignment


2.4 Government Regulation of Private and Home Schools


Meyer v. Nebraska


2.5 Government Assistance to Private Schools


Zelman v. Simmons-Harris


2.6 Summary


3 Curriculum


3.1 Authority to Control the Public School Program


3.2 Objections to Religious Observances in Public Schools


School District of Abington Township v. Schempp


Florey v. Sioux Falls School District 49–5


3.3 Religious and Moral Objections to Course Content and Materials


Smith v. Board of School Commissioners of Mobile County


3.4 Free Speech and Related Objections to Programs and Policies


Virgil v. School Board of Columbia County


3.5 Objections to Discriminatory Material


3.6 Federal Statutory Restrictions on School Programs


3.7 Summary


4 Student Freedom of Expression


4.1 Freedom of Expression: An Overview


4.2 Unprotected Categories of Speech


Morse v. Frederick


4.3 School-Sponsored Speech


Hazelwood School District v. Kuhlmeier


4.4 Independent Student Speech


Tinker v. Des Moines Independent School District


4.5 Off-Campus Speech


Thomas v. Board of Education


4.6 Freedom of Association and Use of School Facilities


4.7 Summary


5 Student Discipline


5.1 Codes of Conduct


5.2 The Use of Force to Control Students


5.3 The Investigation of Misconduct


New Jersey v. T.L.O.


Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls


5.4 The Adjudication of Guilt


Goss v. Lopez


Gonzales v. McEuen


5.5 The Assignment of Punishment


5.6 Summary


6 Equal Educational Opportunity: Race and Gender


6.1 The Equal Protection Clause and Racial Discrimination


6.2 Historical Perspective: Equal Protection Prior to Brown v. Board of Education


6.3 Racial Segregation


Brown v. Board of Education (Brown I)


6.4 Remedying De Jure Segregation


Brown v. Board of Education (Brown II)


6.5 Other Forms of Racial Discrimination


Hawkins v. Coleman


6.6 Affirmative Action and Voluntary Racial Integration


Parents Involved in Cummunity Schools v. Seattle School District No. 1


6.7 The Equal Protection Clause and Gender Discrimination


6.8 Federal Antidiscrimination Statutes


6.9 Racial and Sexual Harassment


6.10 Summary


7 Students with Special Needs


7.1 Historical Perspectives: The Education of Children with Disabilities


7.2 The Rehabilitation Act (504) and the Americans with Disabilities Act


7.3 The Individuals with Disabilities Education Act


Board of Education of Hendrick Hudson Central School District v. Rowley


Daniel R.R. v. State Board of Education


7.4 No Child Left Behind and Students with Disabilities


7.5 English Language Learners


Castaneda v. Pickard


7.6 Classification by Age and Ability


7.7 Summary


8 School Finance


8.1 A Legal Perspective on School Finance


8.2 The Federal Constitution and School Finance


San Antonio Independent School District v. Rodriguez


8.3 State Constitutions and School Finance


Seranno v. Priest


Rose v. Council for Better Education, Inc.


8.4 Local School Board Authority to Raise and Spend Money


8.5 Summary


9 Federal Constitutional and Statutory Rights of Teachers


9.1 Political Activity and Noncurricular Speech


Garcetti v. Ceballos


Pickering v. Board of Education


9.2 Academic Freedom and Curricular Speech


9.3 Privacy, Morality, and Lifestyle


9.4 Race, Ethnicity, Gender, Sexual Orientation, and Sexual Identity


Wygant v. Jackson Board of Education


Richardson v. Lamar County Board of Education


9.5 Religion


9.6 Disability


9.7 Age


9.8 Summary


10 Teacher Employment


10.1 Eligibility for Employment


10.2 Assignment, Transfer, and Demotion


10.3 Probationary Teachers: Evaluation, Renewal, and Tenure


10.4 Dismissal for Cause


In re Proposed Termination of James E. Johnson


Youngman v. Doerhoff


Board of Education of Long Beach Unified School District v. Jack M.


Krizek v. Cicero-Stickney Township High School District No. 201


10.5 Procedural Due Process


Hortonville Joint School District No. 1 v. Hortonville Education Association


10.6 Reduction in Force


10.7 Leaves of Absence


10.8 Workers’ Compensation


10.9 Summary


11 Collective Bargaining, Unions, and Teacher Contracts


11.1 Collective Bargaining for Teachers: An Overview


11.2 Rights of Union Members


Armstrong Education Association v. Armstrong School District


11.3 Rights of Nonunion Members


Abood v. Detroit Board of Education


11.4 Rights and Duties in Collective Bargaining


Chee-Craw Teachers Association v. Unified School District No. 247, Crawford County


11.5 Grievance Procedures


11.6 Individual Teacher Contracts


Bottineau Public School District No. 1 v. Currie


11.7 Summary


12 Torts


12.1 Intentional Torts: Battery, Assault, False Imprisonment, and Intentional Infliction of Mental Distress


12.2 Defamation and Employee Letters of Reference


12.3 Invasion of Privacy, Student Records, and the Duty to Report Child Abuse


12.4 Negligence


Barbin v. State


Broward County School Board v. Ruiz


Hoyem v. Manhatten Beach School District


12.5 Negligent Hiring and Vicarious Liability


12.6 Liability for Dangerous Buildings and Grounds


12.7 Educational Malpractice


12.8 Governmental Immunity and Statutes Affecting Tort Suits


12.9 Substantive Due Process


12.10 Section 1983 and Tortious Violations of Federal Law


Jefferson v. Ysleta Independent School District


12.11 Summary


The Constitution of the United States


Table of Cases


Index