School Law and the Public Schools: A Practical Guide for Educational Leaders

School Law and the Public Schools: A Practical Guide for Educational Leaders, 6th edition

  • Nathan L. Essex

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Overview

School Law and the Public Schools is a practical guide to the historical background and contemporary legal issues affecting the organization and administration of schools in America today. You'll learn to apply concrete, specific legal knowledge to the real issues and challenges faced in the classroom and in schools.

Published by Pearson (July 14th 2021) - Copyright © 2016

ISBN-13: 9780137521180

Subject: Educational Leadership

Category: Education Policy

Table of contents

1. LEGAL FRAMEWORK AFFECTING PUBLIC SCHOOLS
Sources of Law
The U.S. System of Courts
Analysis of an Appellate Court Opinion
The U.S. Supreme Court
Legal Information Retrieval Systems

2. RELIGION AND THE PUBLIC SCHOOLS
School-Sponsored Prayer
School-Sponsored Bible Reading
Silent Prayer and Meditation
Prayer at School Events
Voluntary Prayer at Commencement Exercises
Aid to Parochial Schools
Use of School Facilities by Religious Student Groups
Use of School Facilities by Outside Religious Groups
Religious Activities and Holiday Programs
Religious Freedoms Involving Teachers

3. STUDENT RIGHTS AND RESTRICTIONS
Freedom of Expression
Dress and Appearance
Search and Seizure
Drug and Alcohol Testing
Use of Cell Phones and Electronic Devices
Mobile Devices in the Classroom
Due Process
Corporal Punishment
School Suspension
Expulsion
Student Discipline for Off-Campus Behavior
Classroom Harassment
Child Abuse
Pregnant Students
Married Students

4. NATIONAL SECURITY AND SCHOOL SAFETY
Homeland Security
USA PATRIOT Act
No Child Left Behind and School Safety
Handling Violence in Schools
Freedom of Expression: Prohibitions and School Violence
Zero Tolerance and School Safety
Metal Detectors

5. INDIVIDUALS WITH DISABILITIES
Individuals with Disabilities Education Act of 1990 (IDEA) and the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)
National Council on Disability
Education-Related Service Requirement
Isolation and Restraint Laws for Students with Disabilities
Disciplining Students with Disabilities
Individuals with Disabilities Education Act of 1997

6. SCHOOL PERSONNEL AND SCHOOL DISTRICT LIABILITY
The School as a Safe Place
Liability of School Personnel
Intentional Torts
Defenses Against Defamation
Unintentional Torts
Defenses for Negligence
Proper Instruction and Student Safety
Duties of Supervision
Liability Involving Civil Rights Statutes
Educational Malpractice

7. LIABILITY AND STUDENT RECORDS
Sanctions for Violating Family Privacy Rights
Rights of Parents
Family Educational Rights and Privacy Act
Rights of Noncustodial Parents
Rights of Eligible Students
Rights of School Personnel
Enforcement of State or Federal Statutes
Family Education Rights and Privacy Act (FERPA)
No Child Left Behind Act of 2002
Defamation Involving School Personnel

8. TEACHER FREEDOMS
Substantive and Procedural Considerations
Freedom of Expression
Teacher Use of Facebook and Other Social Media
Freedom of Association
Dress and Grooming
Right to Privacy
Religious Discrimination in Public Schools
Family and Medical Leave Act (FMLA)

9. DISCRIMINATION IN EMPLOYMENT
Equal Protection Provisions of the Fourteenth Amendment and Employment Discrimination
Due Process Standards and Employment Discrimination
Title VII: Discrimination
Title IX
The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
Pregnancy and Public School Employment
Sexual Harassment

10. RECRUITMENT, TENURE, DISMISSAL, AND DUE PROCESS
Recruitment of Personnel
Tenure
Dismissal for Cause
Fair Labor Standards Act
Collective Bargaining
Right to Work Statutes
Teacher Strikes

11. THE INSTRUCTIONAL PROGRAM AND SCHOOL ATTENDANCE
Control of Public Schools
Compulsory AttendanceSchool Vouchers
Health Requirements
Residence
Curriculum Standards
Common Core Standards
Special Interest Groups and Public School Curriculum
No Child Left Behind Act of 2001
Intellectual Property and Fair Use
Use of the Internet for Instruction
Grading and Academic Requirements

12. SCHOOL DESEGREGATION
De Jure Segregation
Brown II Implementation
Busing and Desegregation
Free Transfer and Freedom of Choice Program
No Child Left Behind and Civil Rights

13. PUBLIC SCHOOL FINANCE
Taxation for Public Schools
Tax Rate
Equity Funding in Education
Legal Challenges to School Funding
The Landmark Rodriguez Case
Litigation Following Rodriguez
Post-Rodriguez Cases
Equity and Adequacy of Funding for Public Schools


APPENDIX
THE CONSTITUTION OF THE UNITED STATES AND SELECTED KEY PROVISIONS AND AMENDMENTS AFFECTING EDUCATION

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