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
Commerce Clause
Obligation of Contract Clause
First Amendment
Fourth Amendment
Fifth Amendment
Ninth Amendment
Fourteenth Amendment
Federal Legislation
Funding Laws
Civil Rights Laws
Federal Administrative Agencies
Function and Structure of the Judicial System
State 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
Weisman and Its Progeny
Student Elections to Authorize Prayers
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
Religious Absences
Religious Exemptions from Secular Activities
Observances
Curriculum Components
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
Tax Relief Measures
Vouchers
Conclusion
3 School Attendance and Instructional Issues Compulsory School Attendance
Alternatives to Public Schooling
Health Requirements
Residency Requirements
School Fees
Transportation
Textbooks, Courses, and Materials
The School Curriculum
Requirements and Restrictions
Censorship of Instructional Materials
Parental Challenges
Censorship by Policymakers
Electronic Censorship
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
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
Future Directions
Student-Initiated Clubs
Student Appearance
Hairstyle
Attire
Dress Codes
Student Uniforms
Extracurricular Activities
Attendance, Training, and Recruitment Regulations
Restrictions on Eligibility
Fees for Participation
Other Conditions
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
Rezoning and the Closing, Reopening, or Construction of
Schools
Busing
Programmatic Options
Interdistrict Remedies
Staff Desegregation Remedies
Fiscal Responsibilities
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
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
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
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
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
Procedural Requirements
Zero-Tolerance Policies
Suspensions
Procedural Requirements
Disciplinary Transfers to Alternative Educational Placements
Anti-Bullying Laws
Corporal Punishment
Constitutional Issues
State Law
Academic Sanctions
Absences
Misconduct
Search and Seizure
Application of Fourth Amendment to Students
Lockers
Search of Personal Possessions
Personal Search of Students
Personal Searches
Strip Searches
Seizure of Students
Use of 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 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
Adequate Notice
Relevancy
Threat of Disruption
Community Standards
Freedom of Association
Political Affiliations
Political Activity
Campaigning for Issues and Candidates
Holding Public Office
Personal Appearance
Privacy Rights
Search and Seizure
Lifestyle Controversies
Conclusion
10 Discrimination in Employment Legal Context
Fourteenth Amendment
Title VII
Qualifying as an Employer
Disparate Treatment and Impact
Retaliation
Relief
Race and National-Origin Discrimination
Hiring and Promotion Practices
Testing
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
Sexual-Preference Discrimination
Access to Benefits
Harassment
Adverse Employment Decisions
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 Employment Actions
Termination, Nonrenewal, Reduction-in-Force
Transfer
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
Property Interest
Liberty Interest
Procedural Requirements in Discharge Proceedings
Notice
Hearing
Adequate Notice of Hearing
Waiver of Hearing
Impartial Hearing
Evidence
Findings of Fact
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
Damages
Reinstatement
Attorneys' Fees
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
Class Size
School Calendar
Teacher Evaluation
Reduction in Force
Nonrenewal and Tenure Decisions
Union Security Provisions
Dues and Service Fees
Exclusive Privileges
Grievances
Negotiation Impasse
Strikes
Conclusion
13 Tort Liability Negligence Duty Supervision
Instruction
Maintenance of Buildings, Grounds, and Equipment
Duty to Warn
Breach of Duty/Standard of Care
Reasonable Person
Invitee, Licensee, 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
14 Summary of Legal Generalizations Generalizations
Conclusion
Glossary
Selected Supreme Court Decisions
Appendix
Index
