Introduction to the Legal System and Legal Research
PART I. POLICY ISSUES
1. School Desegregation
Case Study: Correcting an Inequity or Taxation Without Representation
Constitutional and Statutory Underpinnings
Challenges to State-Fostered (De Jure) School Segregation
Challenges to Non-purposeful (De Facto) School Segregation
Desegregation of Teachers
Case Study: Providing Plaintiffs with an Effective Remedy or an Improper Remedy
2. Church-State Interaction
Case Study: Equal Access or School Support of Religion?
The Key Principle: Government Must Remain Neutral toward Religion
Governmental Support and Regulation of Parochial Education
Religious Influences in Public Schools
Religious Objections to Public School Practices
Case Study: Free Speech or Supporting Christianity?
3. No Child Left Behind Act
Case Study: Another Unfunded Mandate
Case Study: Why does a special education teacher have to be highly qualified?
PART II. STUDENTS' RIGHTS
4. School Attendance
Case Study: Schooling at Home or a Real Education
Case Study: Is Home Schooling Equivalent Education?
5. Student Conduct and Discipline
Case Study: Art or Violence: Where do you draw the line?
Case Study: Drugs in Her Brassiere
6. Student Records
Case Study: Peer-graded Papers or Educational Records?
Privacy and Access to Student Records
Health Insurance Portability and Accountability Act
Case Study: Non-residential parent wants to attend school conferences
7. English Language Learners
Case Study: Let’s Treat These New Immigrants Like Our Grandparents Were Treated?
Case Study: It’s My Heritage and You Should Recognize It
8. Education Of Students With Disabilities
Case Study: It Wasn’t So Long Ago
Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)
Americans with Disabilities Act (ADA) of 1990
The Rehabilitation Act of 1973, Section 504
Due Process Issues and Concerns
Case Study: Do Special Education Services Follow The Child To A Private School Setting?
PART III. TEACHERS' RIGHTS
9. Teachers’ Rights and Concerns
Case Study: The “Teacher” in Red
Selected Terms and Conditions of Teacher Employment
Case Study: This Pink Floyd Wasn’t a Student
10. Teachers-Certifications, Licensure, And Contracts For Employment
Case Study: Minimal Conditions For Pregnancy Leave
Highly Qualified Teachers
Case Study: Hire the Best and Brightest
11. Collective Bargaining –Teacher-Employment
The Collective-Bargaining Process
Other Terms and Conditions of Teacher Employment
Case Study: Is Tenure Worth a Urinalysis Exam?
12. Teacher Dismissal and Retirement and Discrimination in Employment
Case Study: Teacher Dismissal and Retirement
Termination of Employment through Dismissal
Termination of Employment through Retirement
Discrimination in Employment
Discrimination against Persons with Disabilities
Case Study: Private and Public
PART IV. LEGAL ASPECTS OF SCHOOLS
13. Local School Boards and Contract Liability
Case Study: Should the School Board Pay?
Authority of the Local School Board
School Board Officers and Elections
General Principles of Statutory Contract Liability
The Competitive Bidding Process
Recovery under the Various Forms of Contract
Case Study: Variable School Boundaries?
14. Tort Liability of School Districts, Officers, and Employees
Case Study: Drinking in School
Elements of the Tort of Negligence
Defenses Against Liability in the School Setting
Case Study: A Terrible Reaction
15. Financing Public Schools and Use of Funds
Case Study: Breakdown in a State’s Balance of Power
Allocation of State Funds
Local School District Budgets and Expenditures
Use of School Funds for Particular Purposes
Case Study: Can School Property Use Be Refused to Religious Groups?
16. School Violence and Internet Issues
Case Study: School Violence on the Internet
Student Free Speech and the Internet
Case Study: Juvenile Court Proceedings or School Records?
Appendix A: Selected Provisions of the Constitution of the United States
Appendix B: Table of Authorities
About the Author