CONTENTS
TABLE OF CASES
PREFACE
A NOTE TO USERS OF THIS TEXT
Chapter 1: EDUCATIONAL GOVERNANCE: SOURCES OF LAW AND THE COURTS
I. Sources of Law
A. Federal Level
1. Constitution and Amendments
a. Historical Perspective
b. Due Process and Equal Protection
(1) Due Process
(2) Equal Protection
2. Statutes
3. Case Law
4. Executive Orders and Attorney General Opinions
B. State Level
1. State Constitutions
2. State Statutes
3. Case Law
4. State Board of Education, Chief State School Officer, and State Department of Education
5. Attorney General Opinions
C. Local Level
II. The American Judicial System
A. State Court Systems
B. Federal Court System
1. District Courts
2. Courts of Appeals
3. Supreme Court
Chapter 2: SCHOOLS AND THE STATE
I. Compulsory Attendance
A. Satisfied by Parochial, Private, or Home School Attendance
Pierce v.Society of Sisters
Notes and Questions
B. Regulation of Private Schools
C. Home Instruction
D. Admission Issues
II. Religion in the Schools
A. SchoolSponsored Prayer and Bible Reading
1. Recitation of a State Prayer
Engel v.Vitale
2. Prayer and Bible Reading
School District of Abington Township v.Schempp and Murray v. Curlett
Notes and Questions
Epilogue: Prayer and Bible Reading
3. Prayers at Graduation Exercises and other Public School-Sponsored Activities
Lee v.Weisman
Notes and Questions
B. Equal Access
C. The Teaching of Evolution
Edwards v.Aguillard
Notes and Questions
D. Textbooks
E. Distribution of Religious Literature
F. Released and Shared Time and Religious Instruction
G. Religious Holidays
H. Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools
III. Use of Facilities
Good News Club v. Milford Central School
Notes and Questions
IV. Aid to Nonpublic Schools
V. School Fees
Nagy v. Evansville-Vanderburgh School Corporation
Notes and Questions
VI. Health Services
A. Immunization
Berg v.Glen Cove City School District
Notes
B. Distribution of Condoms
Chapter 3: STUDENTS AND THE LAW
I. Freedom of Expression
A. The Tinker Doctrine
Tinker v.Des Moines Independent Community School District
Notes
B. Limiting the Tinker Doctrine
1. Nonpolitical Speech
Bethel School District No. 403 v.Fraser
Notes
2. SchoolSponsored Expressive Activities
Hazelwood School District v.Kuhlmeier
Notes and Questions
C. Participation in Patriotic Exercises
Sherman v.Community School District 21
Notes and Questions
II. Family Educational Rights and Privacy Act of 1974 (Buckley Amendment)
III. Suspension, Expulsion, and Disciplinary Transfer
A. Suspension
Goss v.Lopez
Notes and Questions
B. Expulsion
1. Public School Expulsion
Gonzales v.McEuen
Notes and Questions
2. Private School Expulsion
Allen v.Casper
Note
C. Disciplinary Transfer
IV. Corporal Punishment
Ingraham v. Wright
Notes and Questions
V. Search of Students and Lockers
A. Student Search
New Jersey v. T.L.O.
Notes and Questions
B. Search for Drugs and Weapons
C. Intrusive Search
D. Locker Search
VI. Dress and Grooming
A. Dress
B. Uniforms
C. Grooming
VII. Pregnancy, Parenthood, and Marriage
VIII. Participation in Extracurricular Activities
A. Legal Status of Extracurricular Activities
Palmer v.Merluzzi
Notes and Questions
B. Athletics
1. Married Students
Beeson v.Kiowa County School District RE1
Notes and Questions
2. Gender Equity
IX. School Punishment for OutofSchool Offenses
Chapter 4: TEACHERS AND THE LAW
I. Nonrenewal and Dismissal
Board of Regents of State Colleges v.Roth
Notes and Questions
II. Freedom of Expression
A. Tenured Teacher's Public Expression
Pickering v.Board of Education of Township High School District 205
Notes
B. Nontenured Teacher's Freedom of Expression
Mt. Healthy City School District Board of Education v.Doyle
Notes
III. Academic Freedom
A. Appropriate Material
Fowler v.Board of Education of Lincoln County
Notes and Questions
B. Political Speakers
Wilson v. Chancellor
Notes and Questions
IV. Drug Testing
V. Dress
East Hartford Education Association v. Board of Education of Town of East Hartford
Notes and Questions
VI. Teacher as Exemplar
A. Homosexual Teacher
Epilogue
B. Adulterous Teacher
Erb v. Iowa State Board of Public Instruction
Notes
C. Criminal Activities
Gillett v.Unified School District No. 276
Note
D. Impropriety with Students
Barcheski v.Board of Education of Grand Rapids Public Schools
Notes
VII. Employment Discrimination
A. Racial Discrimination
B. Sex Discrimination
Fuhr v. School District of the City of Hazel Park Marshall v.Kirkland
Notes
C. Pregnancy
Eckmann v.Board of Education of Hawthorn School District
Notes and Questions
D. Religious Discrimination
E. Age Discrimination
VIII. Teacher Bargaining
Lehnert v.Ferris Faculty Association
Notes
IX. Political Activities
Chapter 5: SCHOOL DESEGREGATION
I. Historical Perspective
A. Separate but Equal Doctrine
Plessy v.Ferguson
Notes and Questions
B. De jure Public School Segregation Unconstitutional (Brown I)
Brown v.Board of Education of Topeka
Notes and Questions
C. Implementation (Brown II)
Brown v.Board of Education of Topeka
Notes and Questions
II. Early Desegregation in the South
III. Desegregation in the NonSouth
A. Intentional Segregative Action
B. Interdistrict Integration
Sheff v.O'Neill
IV. Current Desegregation Issues
A. Release from Court Order
B. Race-Related Placement
1. Magnet Schools
2. Weighted Lottery
3. Controlled Choice
IV. Epilogue
Chapter 6: INDIVIDUALS WITH DISABILITIES AND THE LAW
I. The Individuals with Disabilities Education Act
A. Eligibility
B. Identification and Evaluation of Students
C. Substantive Educational Rights
Board of Education of the Hendrick Hudson Central School District v.Rowley
Notes and Questions
D. Individualized Education Programs
E. Appropriate Placements
F. Related Services
G. Procedural Protections
H. Discipline
I. Transition Services
J. Graduation and Competency Exams
K. Cost Issues
Notes and Questions
II. Section 504 of the Rehabilitation Act
A. Students and Section 504
Thomas v. Atascadero Unified School District
Notes
Grube v.Bethlehem Area School District
Note
B. Employees and Section 504
III. The Americans with Disabilities Act
Chapter 7: SCHOOL FINANCE and SCHOOL CHOICE ISSUES
I. School Finance Reform
A. Background
B. Early Decisions
C. Fiscal Neutrality
D. Rodriguez
San Antonio Independent School District v. Rodriguez
Notes and Questions
E. PostRodriguez Litigation
Rose v.Council for Better Education
Notes
F. Results to Date
1. Decisions Upholding State Finance Provisions
2. Decisions Effecting Reform
Listing of Selected School FinanceRelated Cases
II. Choice
A. Choice Plans
1. Public School Interand IntraDistrict Open Enrollment
2. IntraDistrict Specialized Schools
3. Voucher Plan
Zelman v. Simmons-Harris
Notes
4. Charter Schools
5. Education Service Providers
6. Tuition Tax Credits
B. Legal Implications
Chapter 8: EDUCATOR AND SCHOOL DISTRICT LIABILITY
I. General Principles Underlying Educator Liability
A. Intentional Torts
B. Negligence
1. Duty of Care
2. Standard of Care
3. Proximate Cause
4. Actual Loss or Injury
C. Defenses for Negligence
II. Liability under State Law
A. Immunity
B. Supervision Issues
1. Before and After School
2. During School Hours
3. OffCampus Activities
III. Liability under Federal Law
A. Liability under Title IX
1. Teacher-to-Student Harassment
Gebser v. Lago Vista Independent School District
Notes
2. Student-to-Student Harassment
Davis v. Monroe County Board of Education
Notes and Questions
B. Liability under 42 U.S.C. ? 1983
Wood v. Strickland
Notes and Questions
Carey v.Piphus
IV. Parental Consent
V. Malpractice
VI. 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 AmericaEdited
APPENDIX D-Statutory Material
No Child Left Behind Act of 2001
Sec. 6301. Statement of Purpose
Sec. 6311. State Plans
Sec. 6316. Academic Assessment and LEA and School Improvement
Sec. 6317. School Support and Recognition
Sec. 6318. Parental Involvement
Sec. 6319. Qualifications for Teachers and Paraprofessionals
Sec. 6320. Participation of Children Enrolled in Private Schools
Sec. 6575. Prohibition Against Federal Mandates, Direction, or Control
Sec. 6623. Local Use of Funds
Sec. 6672. Authorization of Troops-to-Teachers Program
Sec. 6736. Limitation on Liability for Teachers
Sec. 7175. Gun-Free Requirements
Sec. 7165. Transfer of School Disciplinary Records
Sec. 7183. Nonsmoking Policy for Children's Services
Sec. 7217a. Participation of Children Enrolled in Private Schools
Sec. 7221. Charter School Programs
Sec. 7231. Magnet School Assistance
Sec. 7886. Private, Religious, and Home Schools
Sec. 7904. School Prayer
Sec. 7905. Equal Access to Public School Facilities
Sec. 7909. Prohibition on Federally Sponsored Testing
Sec. 7910. Limitations on National Testing or Certification for Teachers
Sec. 7912. Unsafe School Choice Option
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. ? 19811983
GLOSSARY
INDEX
