Introduction.
1. Control of Public Schools.
State and Local Control of Education.
State Board of Education
Chief State School Office
State Department of Education
Local Control of Public Schools
Teachers as Employees of Local School Boards
School District Rules and Regulations
School Board Meetings
Curriculum Standards
Guides, Control of Public Schools
2. Instruction and Curriculum Standards.
Academic Issues.
Curriculum Standards
No Child Left Behind Act of 2001.
Public School Choice
Summary and Implications, Accountability
Vouchers.
Charter Schools.
Guides, Instructional Program
Intellectual Property and Fair Use.
Copying Computer Software
Use of the Internet for Instruction.
School or District Responsibility
Teacher's Responsibility
Parent's Responsibility
Guides, Use of the Internet for Instruction
Grading and Academic Requirements.
Student Testing
Grade Reduction for Absences
Grade Reduction for Unexcused Absences
Grade Reduction for Academic Misconduct
Physical Punishment for Poor Academic Performance
Guides, Grading and Academic Requirements
Educational Malpractice.
Guides, Educational Malpractice
3. Religion and Public Schools.
Prayer, Bible Reading and Religious Symbols.
School Sponsored Prayer
Silent Prayer and Meditation
Prayer at School Events
School-Sponsored Bible Reading
Religious Symbols
Religious Displays
Ten Commandments
Prayer at School Board Meetings
Guides, Prayer and Bible Use in School
Religious Activities and Holiday Programs.
Distribution of Religious Materials
Pledge of Allegiance
Landmark Case
Guides, Religious Activities
4. Students, the Law and Public Schools.
Freedom of Expression.
Tinker Case
Guides, Freedom of Expression
Protests And Demonstrations
Guides, Protests and Demonstrations
School Sponsored Newspapers.
Guides, Student Newspapers
Censorship.
Guides, Censorship
Dress and Appearance.
Health and Safety Issues
Controversial Slogans
Guides, Dress and Appearance
Search and Seizure.
Reasonable Suspicion
Student Desks
Student Lockers
Book Bags
Automobiles
Personal Searches
Guides, Search and Seizure
Use of Pagers and Cellular Phones.
Guides, Use of Pagers and Cellular Phones
Corporal Punishment.
Reasonable Punishment
Minimal Due Process
Excessive Punishment
Guides, Corporal Punishment
Classroom Harrassment.
The Supreme Court's Decision
Guides, Classroom Harassment
Child Abuse.
Pregnant Students.
Married Students.
Guides, Pregnant and Married Students
5. Due Process and Student Safety.
Creating Safe Schools.
Gangs and Dress.
Guides, Gangs and Dress
School Uniform Dress Policies and Students' Freedom of Expression Rights
Early Legal Challenges
Guides, Uniforms
Zero Tolerance and School Safety.
Recent Zero Tolerance Practices
Guides, Zero Tolerance
School Suspension.
Guides, School Suspension
Procedural and Substantive Due Process
Expulsion.
Guides, Expulsion
Metal Detectors
Guides, Metal Detectors
Drug Testing
Alcohol Use and Breathalyzers
Guides, Drugs And Alcohol Testing
6. Liability and Student Records.
Sanctions for Violating Family Privacy Rights.
Rights of Parents
Rights of Noncustodial Parents
Rights of Eligible Students
Rights of School Personnel
Enforcement of State or Federal Statutes
Family Education Rights and Privacy Act.
Recent U.S. Supreme Court Rulings
Defamation Involving School Personnel.
Slander
Libel
Privilege
Good Faith
Acts of Malice
Confidentiality Issues Involving School Counselors.
Guides, Liability and Students Records
7. Individuals with Disabilities.
Individuals with Disabilities Education Act or 1990 (IDEA).
Mandatory Requirements
Functional Exclusion of Children with Disabilities
Interpretation and Identification of Children with Disabilities
Prereferral Intervention
Individualized Education Program Requirement
Least Restrictive Environment
Equal Access to Assistive Technology for Students with Disabilities
Program Review and Changes
Education-Related Service Requirement
Inclusion of Children with Disabilities
Attention Deficit Hyperactivity Disorder and Federal Protection
Disciplining Students with Disabilities.
Expulsion
Suspension
Guides, Students with Disabilities
8. The Teacher and School Liability.
The School as a Safe Place.
Liability of School Personnel.
Individual Liability
Vicarious Liability
Foreseeability
Nuisance
Intentional Torts.
Libel and Slander
Mental Distress
False Imprisonment
Trespassing on Personal Property
Unintentional Torts.
Standard of Care
Breach of Duty
Proximity or Legal Cause
Injury
Defenses for Negligence.
Contributory Negligence
Assumption of Risk
Comparative Negligence
Liability Costs
Duties of Supervision.
Supervision Before School and After School
Field Trips
Parental Consent and Written Waivers
Guides, School Liability
9. Discrimination in Employment.
Title VII, Discrimination.
Sexual Discrimination
The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.
Qualifications for Employment
Scope of Protection-Section 504 and ADA
Guides, Americans with Disabilities
Racial Discrimination
Religious Discrimination
Age Discrimination
Pregnancy and School Employment.
Family and Medical Leave Act (FMLA).
Guides, Discrimination
Sexual Harrassment.
Guides, Sexual Harassment
10. Teacher Freedoms.
Substantive and Procedural Considerations.
Freedom of Expression.
Speech Outside the School Environment
Academic Freedom
Freedom of Association.
Political Rights.
Dress and Grooming.
Unwed Pregnant Teachers.
Right to Privacy.
Guides, Teacher Freedoms
Religious Freedoms.
Use of Religious Garb by School Personnel
Title VII--Religious Discrimination.
Guides, Religious Discrimination
11. Tenure, Dismissal and Collective Bargaining.
Tenure.
Acquisition of Tenure
Nonrenewal
Guides, Tenure
Teacher Evaluation
Guides, Teacher Evaluation
Dismissal for Cause.
Incompetency
Insubordination
Neglect of Duty
Immorality
Conduct Involving Morality
Sexual Advances Toward Students
Guides, Dismissal for Cause
Financial Exigency (Abolition of Positions).
Guides, Financial Exigency
Good or Just Cause
Guides, Good or Just Cause
Collective Bargaining.
Private Sector Versus Public Sector Bargaining
State Involvement
Scope of Collective Bargaining
Impasse and Bargaining
Worker's Compensation
Guides, Collective Bargaining
Appendix A: Selected Constitutional Provisions.
Appendix B: Selected Federal Statutes.
Appendix C: Relevant Educational Resources for Teachers and Other Professional Educators.
Glossary of Relevant Legal Terms.
Index.
