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