Public school law : teachers' and students' rights

著者

書誌事項

Public school law : teachers' and students' rights

Stephen B. Thomas, Nelda H. Cambron-McCabe, Martha M. McCarthy

Pearson, c2009

6th 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 bibliographical references and index

内容説明・目次

内容説明

This text addresses legal principles applicable to practitioners in a succinct but comprehensive manner. It uniquely blends a detailed treatment of landmark cases with a thorough discussion of the legal context, trends, and generalizations to guide all school personnel in their daily activities. Information in this text will help alleviate concerns voiced by educators who either don't know the legal concepts that govern schools or feel that the scales of justice have been tipped against them.

目次

1 Legal Framework of Public Education State Control of Education Legislative Power State Agencies Local School Boards School-based Councils Federal Role in Education United States Constitution General Welfare Clause Commerce Clause Obligation of Contract Clause First Amendment Fourth Amendment Fifth Amendment Ninth Amendment Fourteenth Amendment Federal Legislation Funding Laws Civil Rights Laws Federal Administrative Agencies Function and Structure of the Judicial System State Courts Federal Courts Judicial Trends Conclusion 2 Church-State Relations Constitutional Framework Religious Influences in Public Schools Silent Prayer Statutes School-Sponsored Versus Private Devotionals Weisman and Its Progeny Student Elections to Authorize Prayers Pledge of Allegiance Religious Displays and Holiday Observances Proselytization in the Classroom Equal Access for Religious Expression and Groups Equal Access Act School Access for Community Groups Distribution of Religious Literature Accommodations for Religious Beliefs Release-Time Programs Religious Absences Religious Exemptions from Secular Activities Observances Curriculum Components Religious Challenges to the Secular Curriculum The Origin of Humanity Other Challenges State Aid to Private Schools Aid for Student Services Aid to Encourage Educational Choice Tax Relief Measures Vouchers Conclusion 3 School Attendance and Instructional Issues Compulsory School Attendance Alternatives to Public Schooling Health Requirements Residency Requirements School Fees Transportation Textbooks, Courses, and Materials The School Curriculum Requirements and Restrictions Censorship of Instructional Materials Parental Challenges Censorship by Policymakers Electronic Censorship Student Proficiency Testing Educational Malpractice/Instructional Negligence Instructional Privacy Rights Student Records Pupil Protection and Parental Rights Laws Conclusion 4 Students' Rights in Noninstructional Matters Freedom of Speech and Press Unprotected Expression Defamatory Expression Obscene, Lewd, or Vulgar Expression Inflammatory Expression Advocacy of Illegal Activity for Minors Commercial Expression School-Sponsored Expression Type of Forum Hazelwood and Its Progeny Protected Private Expression Prior Restraints Post-Expression Discipline Anti-Harassment Policies Electronic Expression Time, Place, and Manner Regulations Future Directions Student-Initiated Clubs Student Appearance Hairstyle Attire Dress Codes Student Uniforms Extracurricular Activities Attendance, Training, and Recruitment Regulations Restrictions on Eligibility Fees for Participation Other Conditions Conclusion 5 Student Classifications Legal Context Classifications Based on Race Pre-Brown Litigation De Jure Segregation in the South Distinguishing Between De Jure and De Facto Segregation Fashioning Appropriate Remedies Rezoning and the Closing, Reopening, or Construction of Schools Busing Programmatic Options Interdistrict Remedies Staff Desegregation Remedies Fiscal Responsibilities Achieving Unitary Status Postunitary Transfer and School Assignment Race as a Factor in Admission to Private Schools Race Discrimination and Matriculated Students Classifications Based on Native Language Classifications Based on Ability or Achievement Tracking Schemes Gifted and Talented Students Classifications Based on Age Classifications Based on Sex Interscholastic Sports Single-sex Teams Fewer Sports Opportunities for Females Modified Sports and Separate Seasons for Females Academic Programs Single-sex Schools Sex-segregated Courses and Programs Sex-based Admission Criteria Sexual Harassment of Students Employee-to-Student Harassment Student-to-Student Harassment Marriage and Pregnancy Conclusion 6 Rights of Students with Disabilities Legal Context Rehabilitation Act Americans with Disabilities Act Individuals with Disabilities Education Act Individualized Education Programs Initial Identification Evaluation IEP Team IEP Preparation Free Appropriate Public Education Least Restrictive Environment Private Schools Public Placement of a Child in a Private School Parental Placement of a Child in a Private School Services Available in Private Schools Change of Placement Related Services Transportation Psychological Services Health and Nursing Services Extended School Year Participation in Sports Discipline Suspension Expulsion Procedural Safeguards Stay-Put Provision Informal Meeting Mediation Impartial Due Process Hearing State Review Civil Action Remedies and Attorneys' Fees Conclusion 7 Student Discipline Conduct Regulations Expulsions and Suspensions Expulsions Procedural Requirements Zero-Tolerance Policies Suspensions Procedural Requirements Disciplinary Transfers to Alternative Educational Placements Anti-Bullying Laws Corporal Punishment Constitutional Issues State Law Academic Sanctions Absences Misconduct Search and Seizure Application of Fourth Amendment to Students Lockers Search of Personal Possessions Personal Search of Students Personal Searches Strip Searches Seizure of Students Use of Metal Detectors Drug-Detecting Canines Drug Testing Police Involvement Remedies for Unlawful Disciplinary Actions Conclusion 8 Terms and Conditions of Employment Licensure or Certification Employment by Local School Boards Employment Requirements Assignment of Personnel and Duties Contracts Term and Tenure Contracts Supplemental Contracts Domestic Partner Benefits Leaves of Absence Personnel Evaluation Personnel Records Other Employment Issues Using Copyrighted Materials Reporting Suspected Child Abuse Conclusion 9 Substantive Constitutional Rights Freedom of Expression Legal Principles Application of the Legal Principles Prior Restraint and Channel Rules Expressing Personal Views in the Classroom Academic Freedom Course Content Teaching Strategies Adequate Notice Relevancy Threat of Disruption Community Standards Freedom of Association Political Affiliations Political Activity Campaigning for Issues and Candidates Holding Public Office Personal Appearance Privacy Rights Search and Seizure Lifestyle Controversies Conclusion 10 Discrimination in Employment Legal Context Fourteenth Amendment Title VII Qualifying as an Employer Disparate Treatment and Impact Retaliation Relief Race and National-Origin Discrimination Hiring and Promotion Practices Testing Adverse Decisions Affirmative Action Sex Discrimination Hiring and Promotion Practices Compensation Practices Termination, Nonrenewal, and Denial of Tenure Sexual Harassment Quid Pro Quo Hostile Environment Pregnancy Discrimination Retirement Benefits Sexual-Preference Discrimination Access to Benefits Harassment Adverse Employment Decisions Religious Discrimination Hiring and Promotion Practices Accommodation Attire Restrictions Personal Leave Job Assignments and Responsibilities Adverse Employment Decisions Age Discrimination Hiring and Promotion Practices Compensation and Benefits Adverse Employment Actions Termination, Nonrenewal, Reduction-in-Force Transfer Retaliation Retirement Disability Discrimination Qualifying as Disabled Otherwise Qualified Reasonable Accommodation Termination and Nonrenewal Conclusion 11 Termination of Employment Procedural Due Process in General Dismissal Nonrenewal Establishing Protected Property and Liberty Interests Property Interest Liberty Interest Procedural Requirements in Discharge Proceedings Notice Hearing Adequate Notice of Hearing Waiver of Hearing Impartial Hearing Evidence Findings of Fact Dismissal for Cause Incompetency Immorality Insubordination Neglect of Duty Unprofessional Conduct Other Good and Just Cause Reduction in Force Remedies for Violations of Protected Rights Liability of School Officials Liability of School Districts Remedies Damages Reinstatement Attorneys' Fees Conclusion 12 Labor Relations Employees' Bargaining Rights in the Private and Public Sectors Teachers' Statutory Bargaining Rights Scope of Negotiations Governmental Policy Selected Bargaining Subjects Class Size School Calendar Teacher Evaluation Reduction in Force Nonrenewal and Tenure Decisions Union Security Provisions Dues and Service Fees Exclusive Privileges Grievances Negotiation Impasse Strikes Conclusion 13 Tort Liability Negligence Duty Supervision Instruction Maintenance of Buildings, Grounds, and Equipment Duty to Warn Breach of Duty/Standard of Care Reasonable Person Invitee, Licensee, Trespasser Proximate Cause Injury Defenses Against Negligence Governmental Immunity Contributory Negligence Comparative Negligence Assumption of Risk Intentional Torts Assault and Battery False Imprisonment Intentional Infliction of Mental Distress Defamation Private and Public Persons Veracity of Statements Fact versus Opinion Privilege Damages Conclusion 14 Summary of Legal Generalizations Generalizations Conclusion Glossary Selected Supreme Court Decisions Appendix Index

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