Law and American Education

Robert Palestini; Karen Palestini Falk

doi:10.5771/9781610484015

Summary

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet.

Both public and nonpublic school educators are aware that courts, over the last several decades, have played an increasingly significant role in defining school policy. Decisions in such areas as school desegregation, prayer, public school financing, student rights, collective bargaining, students with disabilities, sexual harassment and other personnel issues attest to the extent and importance of judicial influence. It is important, therefore, that teachers and administrators have a least a rudimentary knowledge and understanding of school law and how it affect their day-to-day classroom activities.

There is a sizable body of school law with which educators should be familiar if they wish to conduct themselves in a legally acceptable manner. Those educators who “fly by the seat of their pants” may be in difficulty if sufficient thought is not given to the legal implications of their decisions and conduct. This text provides introductory material for those educators interested in K-12 educational issues, and who have little or no background or knowledge in school law.

This book takes a case brief approach to the study of school law. Case briefs are the means by which students of the law summarize cases to facilitate learning and analysis. This book’s purpose is to provide those who are involved and interested in education with a rudimentary knowledge base for making educationally sound decisions within the legal framework of our nation. Having such knowledge may preclude, or at least minimize, an educator’s exposure to liability. On the other hand, this book is not intended to scare educators into inaction. Many of the most effective learning activities carry with them a certain degree of risk. Field trips and laboratory experiments come immediately to mind. The knowledge obtained from this book is not intended to end the taking of field trips and the conducting of laboratory experiments. It is intended to be a guide to conducting these valuable activities in a responsible manner that will minimize the educator’s exposure to liability.

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Bibliographic data

Copyright year: 2012
ISBN-Print: 978-1-61048-400-8
ISBN-Online: 978-1-61048-401-5
Publisher: Rowman & Littlefield, Lanham
Language: English
Pages: 103
Product type: Book Titles

1. Contents No access
2. Preface No access
1. 1. A. Federal Law No access
  2. B. State Level No access
2. 1. A. State Court Systems No access
  2. B. Federal Court System No access
1. 1. A. Liability under State Law No access
  2. B. Liability under Federal Law No access
2. 1. A. Special Status of Religious Schools No access
  2. B. Nonpublic Schools as Private Citizens No access
3. 1. A. Intentional Torts No access
  2. B. Defamation of Character No access
  3. C. Negligence No access
  4. D. Defenses for Negligence No access
4. 1. A. Before and After School No access
  2. B. During School Hours No access
  3. C. Off-Campus Activities No access
5. V. Parental Consent No access
6. VI. Contract Law No access
7. VII. Sexual Harassment No access
8. VIII. Bullying No access
9. 1. A. Rights of Parents No access
  2. B. Rights of School Personnel No access
  3. C. Confidentiality and Student Suicide No access
10. X. The Internet and Emerging Technologies No access
11. XI. Copyright Law No access
12. XII. Malpractice No access
13. XIII. Insurance No access
1. 1. A. Satisfied by Parochial, Private, or Home School Attendance No access
  2. B. Regulation of Nonpublic Schools No access
  3. C. Home Instruction No access
2. 1. A. School-Sponsored Prayer and Bible Reading No access
  2. B. Equal Access No access
  3. C. The Teaching of Evolution No access
  4. D. Religion and Textbooks No access
  5. E. Distribution of Religious Literature No access
  6. F. Shared Time and Religious Instruction No access
  7. G. Religious Holidays No access
  8. H. Accommodation of Religion No access
3. III. Use of Facilities No access
4. IV. Aid to Nonpublic Schools No access
5. V. School Fees No access
6. 1. A. Immunization No access
  2. B. Distribution of Condoms No access
1. 1. A. The Tinker Doctrine No access
  2. B. Limiting the Tinker Doctrine No access
  3. C. Participation in Patriotic Exercises No access
2. 1. A. Suspension No access
  2. B. Expulsion No access
  3. C. Disciplinary Transfer No access
  4. D. Zero Tolerance and School Safety No access
3. III. Corporal Punishment No access
4. 1. A. Student Search No access
  2. B. Intrusive Search No access
  3. C. Search for Drugs No access
  4. D. Locker Search No access
5. 1. A. Dress No access
  2. B. Grooming No access
6. VI. Pregnancy, Parenthood, and Marriage No access
7. 1. A. The Limits of “Free Appropriate Education” No access
  2. B. Individualized Educational Program Requirement No access
  3. C. Equal Access to Assistive Technology for Students with Disabilities No access
  4. D. Least Restrictive Environment No access
  5. E. Inclusion of Children with Disabilities No access
  6. F. Disciplining Students with Disabilities No access
  7. G. Private School Placement of Disabled Students No access
  8. H. Communicable Disease as a Disability No access
  9. I. Attention Deficit Hyperactivity Disorder No access
8. 1. A. Legal Status of Extracurricular Activities No access
  2. B. Athletics No access
9. IX. Disciplinary Action for Out-of-School Offenses No access
1. I. Contract Nonrenewal and Dismissal No access
2. 1. A. Tenured Teachers’ Freedom of Expression No access
  2. B. Nontenured Teachers’ Freedom of Expression No access
3. 1. A. Appropriate Materials No access
  2. B. Political Speakers No access
4. IV. Drug Testing No access
5. V. Dress No access
6. 1. A. Homosexual Teachers No access
  2. B. Adulterous Behavior No access
  3. C. Criminal Activities No access
  4. D. Impropriety with Students No access
7. 1. A. Racial Discrimination No access
  2. B. Gender Discrimination No access
  3. C. Pregnancy No access
  4. D. Religious Discrimination No access
  5. E. Age Discrimination No access
  6. F. Discrimination against the Disabled No access
8. VIII. Collective Bargaining No access
9. IX. Political Activities No access
1. 1. A. Background No access
  2. B. Early Court Cases No access
  3. C. Fiscal Neutrality No access
  4. D. Post-Rodriguez Litigation No access
2. 1. A. Choice Plans No access
  2. B. Legal Implications No access
1. 1. A. Doctrine of Separate but Equal No access
  2. B. De Jure Segregation No access
  3. C. Implementation of Brown I (Brown II) No access
2. 1. A. Freedom of Choice Plans No access
  2. B. Busing for Desegregation No access
3. 1. A. Inter-District Integration No access
  2. B. De Jure Segregation in Non-Southern States No access
  3. C. Release from Court Order No access
  4. D. Mandating Taxes for Desegregation No access
4. IV. Epilogue No access
About the Authors No access Pages 103 - 103