School Law

Description

An engaging, case-based approach to the most up-to-date legal topics gives educators a basic understanding of the legal aspects of their work.

This text introduces K-12 educators to a body of school law that will help them to conduct themselves in a legally defensible manner.  A balance of case law, statutory law, constitutional provisions, and analytical commentary, this vital book covers a wide range of topics including: sources of law under which educators operate; legal restraints to state action in K-12 education; legal rights and restrictions applicable to students and teachers; law pertaining to persons with disabilities; and liability for damages as a result of official action or inaction. In addition, broad legal concepts such as due process, equal protection, freedom of expression, the wall separating church and state, and reasonable search are analyzed to assist professional educators in gaining a better understanding of the legal landscape in which they operate. The entire text is written in a clear, engaging style appropriate for those who do not have extensive legal backgrounds.

• A clear, jargon-free writing style facilitates use by teachers, administrators, and other educators who may not have a strong legal background.  
• Updated, edited and verbatim court decisions and references to over 500 applicable court decisions keeps readers abreast of the most current laws and legal topics.  
• Diverse coverage of a range of school law topics, including student freedom of expression, drug testing, dress codes and uniforms, search, Title IX requirements, notification of parents for refusal to participate in Pledge of Allegiance, and school fees. 
• A collection of useful learning tools, such as a guide to using the Internet for legal research, appendices with information on analyzing court decisions, notes and questions following cases, a glossary of legal terms, and an exhaustive index. 
• Historical perspective, when applicable, puts school law into context and makes the evolution of school law clear to readers.

With an emphasis on the case method, this clear and engaging school law text presents select court cases and their legal consequences in a real world context, assisting K-12 educators in making the essential connection between more abstract general principles of law and their operational application in schools.

The new tenth edition of School Law: Cases and Concepts is thoroughly updated with the most current court decisions and school law topics of interest, including restrictions on celebratory religious music; Bible distribution; wearing the confederate flag; gay student harassment; student internet message regulation; homeschooling; cyberbullying; parental notification when students refuse to pledge the flag; body piercings; discipline and due process for special education students; drug testing for teachers; lesbian teacher discrimination; maternity leave discrimination; home based charter school; online learning; and most recent school finance decisions. 

Understanding that some areas of school law remain unsettle while new issues surface every day, the newly revised edition of this text provides students with a number of learning tools and skills necessary for keeping up to date with school law issues, including basic legal terminology, the ability to properly analyze court decisions, and vital legal information research skills. In addition, notes, questions, epilogues, and summarizing material throughout the book also facilitate a better understanding of the law. 

Hallmark features: 

• A clear, jargon-free writing style facilitates use by teachers, administrators, and other educators who may not have a strong legal background.  
• Updated, edited and verbatim court decisions and references to over 500 applicable court decisions keeps readers abreast of the most current laws and legal topics.  
• Diverse coverage of a range of school law topics, including student freedom of expression, drug testing, dress codes and uniforms, search, Title IX requirements, notification of parents for refusal to participate in Pledge of Allegiance, and school fees. 
• A collection of useful learning tools, such as a guide to using the Internet for legal research, appendices with information on analyzing court decisions, notes and questions following cases, a glossary of legal terms, and an exhaustive index.
• Historical perspective, when applicable, puts school law into context and makes the evolution of school law clear to readers.

CONTENTS 

Table of Cases

Preface

A Note to Users of This Text

Educational Governance: Sources of Law and the Courts

1. EDUCATIONAL GOVERNANCE:  SOURCES OF LAW AND THE COURTS

    Sources of Law

    The American Judicial System

2. SCHOOLS AND THE STATE

    Compulsory Attendance

    Religion in the Schools

    Use of Facilities

    Aid to Nonpublic Schools

    School Fees
    Health Services

3. STUDENTS AND THE LAW

     Freedom of Expression

     Family Educational Rights and Privacy Act of 1974 (Buckley Amendment)

     Suspension, Expulsion, and Disciplinary Transfer

     Corporal Punishment

     Search of Students and Lockers

     Student Appearance

     Pregnancy, Parenthood, and Marriage

     Participation in Extracurricular Activities

     School Punishment for Out-of-School Offenses

4. TEACHERS AND THE LAW

     Nonrenewal and Dismissal

     Freedom of Expression

     Academic Freedom

     Drug Testing

     Dress

     Teacher as Exemplar

     Employment Discrimination

     Teacher Bargaining

     Political Activities

5. SCHOOL DESEGREGATION

    Historical Perspective

    Early Desegregation in the South

    Desegregation in the Non-Southern States

    Recent Desegregation Issues

    Epilogue

6. INDIVIDUALS WITH DISABILITIES AND THE LAW

    The Individuals with Disabilities Education Act

    Section 504 of the Rehabilitation Act

    The Americans with Disabilities Act

7. SCHOOL FINANCE and SCHOOL CHOICE ISSUES

     School Finance Reform

     Choice

8. EDUCATOR AND SCHOOL DISTRICT LIABILITY

    General Principles Underlying Educator Liability

    Liability under State Law

    Liability under Federal Law

    Parental Consent

    Malpractice

    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 America-Edited

APPENDIX D–Statutory Material

            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.  § 1981-1983

            Chapter 92 of the Massachusetts Acts of 2010

               An Act Relative to Bullying in Schools

GLOSSARY

INDEX

• Extensive examinations of recent U.S. Supreme Court decisions including Morse v. Frederick,  Safford Unified School District v. Redding, and Parents Involved in Community Schools v. Seattle School District No. 1, keep students up-to-date with the most current developments in school law. 
• Coverage of current events and school law topics including restrictions on celebratory religious music; Bible distribution; wearing the confederate flag; gay student harassment; student internet message regulation; homeschooling; cyberbullying; parental notification when students refuse to pledge the flag; body piercings; discipline and due process for special education students; drug testing for teachers; lesbian teacher discrimination; maternity leave discrimination; home based charter school; online learning; and most recent school finance decisions. 

An engaging, case-based approach to the most up-to-date legal topics gives educators a basic understanding of the legal aspects of their work.

This text introduces K-12 educators to a body of school law that will help them to conduct themselves in a legally defensible manner.  A balance of case law, statutory law, constitutional provisions, and analytical commentary, this vital book covers a wide range of topics including: sources of law under which educators operate; legal restraints to state action in K-12 education; legal rights and restrictions applicable to students and teachers; law pertaining to persons with disabilities; and liability for damages as a result of official action or inaction. In addition, broad legal concepts such as due process, equal protection, freedom of expression, the wall separating church and state, and reasonable search are analyzed to assist professional educators in gaining a better understanding of the legal landscape in which they operate. The entire text is written in a clear, engaging style appropriate for those who do not have extensive legal backgrounds.