Law and American Education (eBook)

Robert H. Palestini has held positions at all levels of education for almost 50 years. He has been a teacher, principal, superintendent of schools, college professor, and college dean. He is currently dean emeritus, associate professor and founding executive director of the Educational Leadership Institute and Center for Catholic Urban Education Saint Joseph’s University in Philadelphia, Pennsylvania.Karen Palestini, Esquire is Robert Palestini’s daughter and is a partner in the Saul Ewing law firm in Philadelphia. She has been an adjunct professor at Saint Joseph’s University and Seton Hall University.

Prefacevii1Introduction 1 I.Sources of Law 1 II.The American Judicial System 62The Educator and Liability 9 I.School District Immunity 9Wood v. Strickland 11Carey v. Piphus 12Franklin v. Gwinett Cy. Pub. Schools 12 II.The Law and Nonpublic Schools 13 III.Educator Liability14 IV.Duties of Supervision and Negligence Law 16 V.Parental Consent 17 VI.Contract Law 18 VII.Sexual Harassment 18Davis v. Monroe County Board of Education20VIII. Privacy and School Records 20 IX.Malpractice 23 X.Insurance 233Schools and the State 24 I.Compulsory Attendance 24Pierce v. Society of Sisters of Holy Names 24 II.Religion in Schools 26Engel v. Vitale 27School District of Abington v. Schempp, Murray v. Curlett 27Lee v. Weisman 29Edwards v. Aguillard 30 III.Use of Facilities32Lamb’s Chapel v. Center Moriches Union Free Sch. Dist. 32 IV.Aid to Nonpublic Schools 33 V. School Fees 34Hartzell v. Connell 34 VI.Health Services 36Berg v. Glen Cove School District 374Students and the Law 38 I.Freedom of Expression 38Tinker v. Des Moines Indep. Community Sch. Dist. 38Bethel Sch. Dist. v. Fraser 40Hazelwood Sch. Dist. v. Kuhlmeier 40Sherman v. Community Sch. Dist. 21 42 II.Suspension, Expulsion & Disciplinary Transfer 42Goss v. Lopez 43Gonzalez v. McEuen 43Allen v. Casper 44 III.Corporal Punishment 45Ingraham v. Wright 46 IV.Search of Student & Lockers 47New Jersey v. T.L.O. 47Bellnier v. Lund 48Vernonia Sch. Dist. v. Acton 49Trinidad Sch. Dist. No. 1 v. Lopez 50 V.Dress and Grooming 52Bannister v. Paradis 52Davenport v. Randolph County Bd. of Educ. 53 VI.Pregnancy, Parenthood & Marriage 53 VII.Education of Individuals with Disabilities 54Board of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley55Florence County Sch. Dist. v. Carter 60Thomas v. Atascadero Unified Sch. Dist. 61VIII.Participation in Extracurricular Activities 63Palmer v. Merluzzi 63Beeson v. Kiowa County Sch. Dist. 64Grube v. Bethlehem Area Sch. Dist. 66 IX.Disciplinary Action for Out-of-School Offenses 675Teachers and the Law 69 I.Contract Non-renewal and Dismissal 69Board of Regents of State Colleges v. Roth 69 II.Freedom of Expression70Pickering v. Bd. of Educ. of Township High Sch. 71Mt. Healthy City Bd. of Educ. v. Doyle 72 III.Academic Freedom 73Fowler v. Bd. of Educ. of Lincoln County 73Wilson v. Chancellor 74 IV.Drug Testing 74 V.Dress 75East Hartford Educ. Assoc. v. Bd. of Educ. of East Hartford 75 VI.Teacher as Role Model or Exemplar 75Gaylord v. Tacoma Sch. Dist. No. 1076Erb v. Iowa State Bd. of Pub. Instruction 78Mc Broom v. Bd. of Educ., Dist. No. 205 78Barcheski v. Bd. of Educ. of Grand Rapids Pub. Sch. 79Gebser v. Logo Vista Indep. Sch. Dist. 80 VII.Employment Discrimination 81Marshall v. Kirkland 82Eckmann v. Bd. of Educ. of Hawthorn Sch. Dist. No. 17 83Geller v. Markham 85VIII.Teacher Bargaining 86Lehnert v. Ferris Faculty Ass’n 86 IX.Political Activities 876School Desegregation 88 I.Historical Perspective 88Plessy v. Ferguson88Brown v. Bd. of Educ. of Topeka 89 II.Desegregation in the South 90Green v. County Sch. Bd. of New Kent County 91Swann v. Charlotte-Mecklenburg Bd. of Educ. 92 III.Desegregation in Non-Southern States 93Milliken v. Bradley 93Columbus Bd. of Educ. v. Penick 94Board of Educ. of Oklahoma City v. Dowell 95Freeman v. Pitts 96Missouri v. Jenkins 97 IV.Epilogue 987School Finance Issues 99 I.School Finance Reform 99San Antonio Indep. Sch. Dist. v. Rodriguez 100Rose v. Council For Better Educ. Inc. 102 II.Educational Choice 103Jackson v. Benson 104Index 109About the Author111