Public school law : teachers' and students' rights

著者

書誌事項

Public school law : teachers' and students' rights

Martha M. McCarthy, Nelda H. Cambron-McCabe, Suzanne E. Eckes

Pearson, c2014

7th ed

大学図書館所蔵 件 / 全2件

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

With this seventh edition of Public School Law: Teachers' and Students' Rights, renowned authors Martha M. McCarthy, Nelda H. Cambron-McCabe, Suzanne E. Eckes, have proven once again that their mainstay for school law can't be touched by the competition. In a masterful blend of 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, the book addresses legal principles applicable to practitioners in a succinct but comprehensive manner. Information in this text will help alleviate concerns voiced by educators who either do not know the legal concepts that govern schools or feel that the scales of justice have been tipped against them. Primarily written for school administrators and teachers to learn the most important points of the cases and how the cases will impact their practices, this new edition covers a wider range of legal topics, takes a much more in-depth approach to discussing the cases presented, and cites many more current cases that are relevant to practitioners than any other school law textbook in comparison. New to this edition, besides being thoroughly updated and revised throughout, are the most current new laws, policies, and judicial decisions; more than 400 new cases from previous editions, with all content as current and well-documented as of July, 2012; new information on cyber-bullying, sexting; legal controversies involving charter schools; and the Common Core State Standards Web sites with current data on a range of topics from voucher programs and home education to curriculum requirements; the latest on the American with Disabilities Act amendments of 2008, amendments to the regulations for Title IX of the Education Amendments of 1972, the Family Educational Rights and Privacy Act, and the Lilly Ledbetter Act; race-conscious student assignment plans, and the use of seclusion and restraints with students with disabilities with new information regarding guidelines from the U.S. Department of Justice and the U.S. Department of Education.; and the most current legal information regarding protections for gay, lesbian, bisexual, and transgender students; permissible religious activities in public schools; and student searches, including strip searches and cell phone searches. For law students, it is primarily written for teachers, school administrators, and other public school personnel taking a school law course at the graduate and master's levels, there is not a greater, more comprehensive resource on the market today than Public School Law, Seventh Edition.

目次

Contents Preface xii 1 Legal Framework of Public Education State Control of Education State Legislation State Administrative Agencies Local School Boards Federal Role in Education United States Constitution Constitutional Amendments that Relate to School Law Federal Legislation Federal Administrative Agencies Function and Structure of the Judicial System Filing a Case States 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 Religious Displays, Music, and Holiday Observances Proselytization in the Classroom Equal Access for Religious Expression and Groups Accommodations for Religious Beliefs Release-Time Programs Religious Absences Religious Exemptions from Secular Activities 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 Conclusion 3 School Attendance and Instructional Issues Compulsory School Attendance Alternatives to Traditional Public Schooling Health Requirements Residency Requirements School Fees Transportation Textbooks, Courses, and Materials The School Curriculum Requirements and Restrictions Censorship of Instructional Materials 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 Legal Principles School-Sponsored Expression Threats Prior Restraints Versus Punishment After the Fact Anti-Harassment and Anti-Bullying Policies Electronic Expression Time, Place, and Manner Regulations Future Directions Student-Initiated Clubs Student Appearance Hairstyle Attire Extracurricular Activities Recruitment and Eligibility Training Regulations and Other Conditions on Participation Fees for Participation 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 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 Academic Programs Sexual Harassment of Students 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 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 Suspensions Corporal Punishment Constitutional Issues State Law Academic Sanctions Absences Misconduct Search and Seizure Lockers Search of Personal Possessions Personal Search of Students 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 Teachers' 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 Freedom of Association Political Affiliations Political Activity Personal Appearance Constitutional Privacy Rights Search and Seizure Out-of-School Conduct Conclusion 10 Discrimination in Employment Legal Context Fourteenth Amendment Title VII Race and National-Origin Discrimination Hiring and Promotion Practices Adverse Decisions Affirmative Action Sex Discrimination Hiring and Promotion Practices Compensation Practices Termination, Nonrenewal, and Denial of Tenure Sexual Harassment Pregnancy Discrimination Retirement Benefits Sexual-Preference Discrimination Access to Benefits Harassment Adverse Employment Decisions Religious Discrimination Hiring and Promotion Practices Accommodation Adverse Employment Decisions Age Discrimination Hiring and Promotion Practices Compensation and Benefits Adverse Employment Actions 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 Procedural Requirements in Discharge Proceedings Notice Hearing 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 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 Union Security Provisions Dues and Service Fees Exclusive Privileges Grievances Negotiation Impasse Strikes Conclusion 13 Tort Liability Negligence Duty Breach of Duty/Standard of Care Proximate Cause Injury Defenses against Negligence 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 Index

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