Table of Contents
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
Obligation of Contracts Clause
First Amendment
Fourth Amendment
Fourteenth Amendment
Federal Legislation
Funding Laws
Civil Rights Laws
Federal
2 Tort Liability
Negligence Duty Instruction
Supervision
Maintenance of Buildings, Grounds, and Equipment
Duty to Warn
Breach of Duty/Standard of Care
Reasonable Person
Invitee, Licensee, and 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
Points to Ponder 3 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
Post-Santa Fe Rulings
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
Excusal for Religious Observances
Religious Exemptions from Secular Activities
Religious Challenges to the Secular Curriculum
State Aid to Private Schools
Aid for Student Services
Aid to Encourage Educational Choice
Tax Relief Measures
Vouchers
Conclusion
Points to Ponder
4 Instructional Issues
The School Curriculum
Requirements and Restrictions
Censorship of Instructional Materials
Challenges to the Curriculum
Censorship by Policy Makers
Electronic Censorship
Academic Freedom
Curriculum Content
Teaching Strategies
Copyright Compliance
Student Proficiency Testing
Educational Malpractice/Instructional Negligence
Instructional Privacy Rights
Student Records
Pupil Protection and Parental Rights Laws
Conclusion
Points to Ponder
5 Student Expression, Association, and Appearance
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
Student-Initiated Clubs
Student Appearance
Hairstyle
Attire
Dress Codes
Student Uniforms
Conclusion
Points to Ponder
6 Student Classifications
Classifications Based on Race
Pre-Brown Litigation
De Jure Segregation in the South
Distinguishing Between De Jure and De Facto Segregation
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 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
Conclusion
Points to Ponder
7 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
Conclusion
Points to Ponder
8 Student Discipline
Conduct Regulations
Expulsions and Suspensions
Explusions
Procedural Requirements
Zero-Tolerance Policies
Suspensions
Corporal Punishment
Constitutional Issues
State Law
Academic Sanctions
Absences
Misconduct
Search and Seizure
Application of the Fourth Amendment to Students
Students
Lockers
Search of Personal Possessions: Purses, Book Bags, and Other Property
Personal Search of Students
Use of Metal Detectors
Drug-Detecting Canines
Drug Testing
Police Involvement
Remedies for Unlawful Disciplinary Actions
Conclusion
Points to Ponder
9 Terms and Conditions of Employment
Licensure
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
Reporting Suspected Child Abuse
Collective Bargaining
Teachers' Statutory Bargaining Rights
Scope of Negotiations
Union Security Provisions
Exclusive Privileges
Grievances
Negotiation Impasse
Conclusion
Points to Ponder
10 Substantive Constitutional Rights
Freedom of Expression
Legal Principles
Application of the Legal Principles
Expression Outside the Classroom
Prior Restraints and Channel Rules
Classroom Expression
Freedom of Association
Political Affiliations
Political Activity
Campaigning for Issues and Candidates
Holding Public Office
Personal Appearance
Constitutional Privacy Rights
Search and Seizure
Lifestyle Controversies
Conclusion
Points to Ponder
11 Discrimination in Employment
Legal Context
Fourteenth Amendment
Title VII
Disparate Treatment and Impact
Retaliation
Relief
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
Quid Pro Quo
Hostile Environment
Pregnancy Discrimination
Retirement Benefits
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 Actions
Termination, Nonrenewal, Reduction-in-Force
Retaliation
Retirement
Disability Discrimination
Qualifying as Disabled
Otherwise Qualified
Reasonable Accommodation
Termination and Nonrenewal
Conclusion
Points to Ponder
12 Termination of Employment
Procedural Due Process in General
Dismissal
Nonrenewal
Establishing Protected Property and Libery Interests
Property Interest
Liberty Interest
Procedural Requirements in Discharge Proceedings
Notice
Hearing
Adequate Notice of Hearing
Waiver of Hearing
Impartial Hearing
Evidence
Dismissal of Cause
Incompetency
Immorality
Insubordination
Unprofessional Conduct
Neglect of Duty
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
Concusion
Points to Ponder
13 Summary of Legal Generalizations
Generalizations
Conclusions
Glossary
Selected Supreme Court Decisions
Index
