School law : cases and concepts

著者

書誌事項

School law : cases and concepts

Michael W. La Morte

Pearson/A and B, c2008

9th ed

大学図書館所蔵 件 / 全2件

この図書・雑誌をさがす

注記

Includes index

内容説明・目次

内容説明

This text examines is written for K-12 educators and others who have little background in school law and need to know the sources of law under which educators operate. It focuses on an understanding of legal rationale and principles that inform practice. Relevant case law, statutory law, constitutional provisions, and commentary are provided to develop a basic understanding of school law issues and the legal rationale underpinning such law. Broad legal concepts such as due process, equal protection, freedom of expression, the wall separating church and state, and reasonable search are stressed to help professional educators gain a better understanding of the legal landscape in which they operate.

目次

CONTENTS TABLE OF CASES PREFACE A NOTE TO USERS OF THIS TEXT Chapter 1: EDUCATIONAL GOVERNANCE: SOURCES OF LAW AND THE COURTS I. Sources of Law A. Federal Level 1. Constitution and Amendments a. Historical Perspective b. Due Process and Equal Protection (1) Due Process (2) Equal Protection 2. Statutes 3. Case Law 4. Executive Orders and Attorney General Opinions B. State Level 1. State Constitutions 2. State Statutes 3. Case Law 4. State Board of Education, Chief State School Officer, and State Department of Education 5. Attorney General Opinions C. Local Level II. The American Judicial System A. State Court Systems B. Federal Court System 1. District Courts 2. Courts of Appeals 3. Supreme Court Chapter 2: SCHOOLS AND THE STATE I. Compulsory Attendance A. Satisfied by Parochial, Private, or Home School Attendance Pierce v.Society of Sisters Notes and Questions B. Regulation of Private Schools C. Home Instruction D. Admission Issues II. Religion in the Schools A. SchoolSponsored Prayer and Bible Reading 1. Recitation of a State Prayer Engel v.Vitale 2. Prayer and Bible Reading School District of Abington Township v.Schempp and Murray v. Curlett Notes and Questions Epilogue: Prayer and Bible Reading 3. Prayers at Graduation Exercises and other Public School-Sponsored Activities Lee v.Weisman Notes and Questions B. Equal Access C. The Teaching of Evolution Edwards v.Aguillard Notes and Questions D. Textbooks E. Distribution of Religious Literature F. Released and Shared Time and Religious Instruction G. Religious Holidays H. Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools III. Use of Facilities Good News Club v. Milford Central School Notes and Questions IV. Aid to Nonpublic Schools V. School Fees Nagy v. Evansville-Vanderburgh School Corporation Notes and Questions VI. Health Services A. Immunization Berg v.Glen Cove City School District Notes B. Distribution of Condoms Chapter 3: STUDENTS AND THE LAW I. Freedom of Expression A. The Tinker Doctrine Tinker v.Des Moines Independent Community School District Notes B. Limiting the Tinker Doctrine 1. Nonpolitical Speech Bethel School District No. 403 v.Fraser Notes 2. SchoolSponsored Expressive Activities Hazelwood School District v.Kuhlmeier Notes and Questions C. Participation in Patriotic Exercises Sherman v.Community School District 21 Notes and Questions II. Family Educational Rights and Privacy Act of 1974 (Buckley Amendment) III. Suspension, Expulsion, and Disciplinary Transfer A. Suspension Goss v.Lopez Notes and Questions B. Expulsion 1. Public School Expulsion Gonzales v.McEuen Notes and Questions 2. Private School Expulsion Allen v.Casper Note C. Disciplinary Transfer IV. Corporal Punishment Ingraham v. Wright Notes and Questions V. Search of Students and Lockers A. Student Search New Jersey v. T.L.O. Notes and Questions B. Search for Drugs and Weapons C. Intrusive Search D. Locker Search VI. Dress and Grooming A. Dress B. Uniforms C. Grooming VII. Pregnancy, Parenthood, and Marriage VIII. Participation in Extracurricular Activities A. Legal Status of Extracurricular Activities Palmer v.Merluzzi Notes and Questions B. Athletics 1. Married Students Beeson v.Kiowa County School District RE1 Notes and Questions 2. Gender Equity IX. School Punishment for OutofSchool Offenses Chapter 4: TEACHERS AND THE LAW I. Nonrenewal and Dismissal Board of Regents of State Colleges v.Roth Notes and Questions II. Freedom of Expression A. Tenured Teacher's Public Expression Pickering v.Board of Education of Township High School District 205 Notes B. Nontenured Teacher's Freedom of Expression Mt. Healthy City School District Board of Education v.Doyle Notes III. Academic Freedom A. Appropriate Material Fowler v.Board of Education of Lincoln County Notes and Questions B. Political Speakers Wilson v. Chancellor Notes and Questions IV. Drug Testing V. Dress East Hartford Education Association v. Board of Education of Town of East Hartford Notes and Questions VI. Teacher as Exemplar A. Homosexual Teacher Epilogue B. Adulterous Teacher Erb v. Iowa State Board of Public Instruction Notes C. Criminal Activities Gillett v.Unified School District No. 276 Note D. Impropriety with Students Barcheski v.Board of Education of Grand Rapids Public Schools Notes VII. Employment Discrimination A. Racial Discrimination B. Sex Discrimination Fuhr v. School District of the City of Hazel Park Marshall v.Kirkland Notes C. Pregnancy Eckmann v.Board of Education of Hawthorn School District Notes and Questions D. Religious Discrimination E. Age Discrimination VIII. Teacher Bargaining Lehnert v.Ferris Faculty Association Notes IX. Political Activities Chapter 5: SCHOOL DESEGREGATION I. Historical Perspective A. Separate but Equal Doctrine Plessy v.Ferguson Notes and Questions B. De jure Public School Segregation Unconstitutional (Brown I) Brown v.Board of Education of Topeka Notes and Questions C. Implementation (Brown II) Brown v.Board of Education of Topeka Notes and Questions II. Early Desegregation in the South III. Desegregation in the NonSouth A. Intentional Segregative Action B. Interdistrict Integration Sheff v.O'Neill IV. Current Desegregation Issues A. Release from Court Order B. Race-Related Placement 1. Magnet Schools 2. Weighted Lottery 3. Controlled Choice IV. Epilogue Chapter 6: INDIVIDUALS WITH DISABILITIES AND THE LAW I. The Individuals with Disabilities Education Act A. Eligibility B. Identification and Evaluation of Students C. Substantive Educational Rights Board of Education of the Hendrick Hudson Central School District v.Rowley Notes and Questions D. Individualized Education Programs E. Appropriate Placements F. Related Services G. Procedural Protections H. Discipline I. Transition Services J. Graduation and Competency Exams K. Cost Issues Notes and Questions II. Section 504 of the Rehabilitation Act A. Students and Section 504 Thomas v. Atascadero Unified School District Notes Grube v.Bethlehem Area School District Note B. Employees and Section 504 III. The Americans with Disabilities Act Chapter 7: SCHOOL FINANCE and SCHOOL CHOICE ISSUES I. School Finance Reform A. Background B. Early Decisions C. Fiscal Neutrality D. Rodriguez San Antonio Independent School District v. Rodriguez Notes and Questions E. PostRodriguez Litigation Rose v.Council for Better Education Notes F. Results to Date 1. Decisions Upholding State Finance Provisions 2. Decisions Effecting Reform Listing of Selected School FinanceRelated Cases II. Choice A. Choice Plans 1. Public School Interand IntraDistrict Open Enrollment 2. IntraDistrict Specialized Schools 3. Voucher Plan Zelman v. Simmons-Harris Notes 4. Charter Schools 5. Education Service Providers 6. Tuition Tax Credits B. Legal Implications Chapter 8: EDUCATOR AND SCHOOL DISTRICT LIABILITY I. General Principles Underlying Educator Liability A. Intentional Torts B. Negligence 1. Duty of Care 2. Standard of Care 3. Proximate Cause 4. Actual Loss or Injury C. Defenses for Negligence II. Liability under State Law A. Immunity B. Supervision Issues 1. Before and After School 2. During School Hours 3. OffCampus Activities III. Liability under Federal Law A. Liability under Title IX 1. Teacher-to-Student Harassment Gebser v. Lago Vista Independent School District Notes 2. Student-to-Student Harassment Davis v. Monroe County Board of Education Notes and Questions B. Liability under 42 U.S.C. 1983 Wood v. Strickland Notes and Questions Carey v.Piphus IV. Parental Consent V. Malpractice VI. Insurance Questions APPENDIX A-Analyzing a Court Decision APPENDIX B-An Introduction to Research in School Law APPENDIX C-The Constitution of the United States of AmericaEdited APPENDIX D-Statutory Material No Child Left Behind Act of 2001 Sec. 6301. Statement of Purpose Sec. 6311. State Plans Sec. 6316. Academic Assessment and LEA and School Improvement Sec. 6317. School Support and Recognition Sec. 6318. Parental Involvement Sec. 6319. Qualifications for Teachers and Paraprofessionals Sec. 6320. Participation of Children Enrolled in Private Schools Sec. 6575. Prohibition Against Federal Mandates, Direction, or Control Sec. 6623. Local Use of Funds Sec. 6672. Authorization of Troops-to-Teachers Program Sec. 6736. Limitation on Liability for Teachers Sec. 7175. Gun-Free Requirements Sec. 7165. Transfer of School Disciplinary Records Sec. 7183. Nonsmoking Policy for Children's Services Sec. 7217a. Participation of Children Enrolled in Private Schools Sec. 7221. Charter School Programs Sec. 7231. Magnet School Assistance Sec. 7886. Private, Religious, and Home Schools Sec. 7904. School Prayer Sec. 7905. Equal Access to Public School Facilities Sec. 7909. Prohibition on Federally Sponsored Testing Sec. 7910. Limitations on National Testing or Certification for Teachers Sec. 7912. Unsafe School Choice Option Title VII of the Civil Rights Act of 1964 Pregnancy Discrimination Act of 1978 Age Discrimination in Employment Act of 1967 Age Discrimination in Employment Act Amendments of 1986 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Family Educational Rights and Privacy Act of 1974 Equal Access Act of 1984 Civil Rights, 42 U.S.C. 19811983 GLOSSARY INDEX

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