School Law for K-12 Educators

Frank D. Aquila - Cleveland State University, McGown & Markling Co., LPA

Other Titles in:
Legal Issues | Superintendents & District Administration

November 2007 | 456 pages | SAGE Publications, Inc

School Law for K-12 Educators avoids the often-complex presentation of education laws and the issues surrounding education. The text allow prospective headteachers, counsellors and teachers to grasp essential legalities of public school law without being weighed down with complex, non-essential details. School Law for K-12 Educators provides education professionals with a practical knowledge of school law so that they may function in the education setting with confidence and competence. Each chapter is a self-contained unit that contains case studies with discussion questions and provides an overview of the legal area in a dialectic format which stimulates student interest.

Preface

Introduction to the Legal System and Legal Research

PART I. POLICY ISSUES

1. School Desegregation

Overview

Case Study: Correcting an Inequity or Taxation Without Representation

Important Concepts

Constitutional and Statutory Underpinnings

Challenges to State-Fostered (De Jure) School Segregation

Challenges to Non-purposeful (De Facto) School Segregation

Desegregation of Teachers

Recent Court Activity

Case Study: Providing Plaintiffs with an Effective Remedy or an Improper Remedy

Conclusion

Case Briefs

2. Church-State Interaction

Overview

Case Study: Equal Access or School Support of Religion?

Important Concepts

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?

Conclusion

Case Briefs

3. No Child Left Behind Act

Overview

Case Study: Another Unfunded Mandate

Important Concepts

No Child Left Behind Act

Case Study: Why does a special education teacher have to be highly qualified?

Conclusion

Case Briefs

PART II. STUDENTS' RIGHTS

4. School Attendance

Overview

Case Study: Schooling at Home or a Real Education

Important Concepts

School Attendance

Case Study: Is Home Schooling Equivalent Education?

Conclusion

Case Briefs

5. Student Conduct and Discipline

Overview

Case Study: Art or Violence: Where do you draw the line?

Important Concepts

Student Conduct

Student Discipline

Reasonableness Standard

Case Study: Drugs in Her Brassiere

Conclusion

Case Briefs

6. Student Records

Overview

Case Study: Peer-graded Papers or Educational Records?

Important Concepts

Privacy and Access to Student Records

Health Insurance Portability and Accountability Act

Case Study: Non-residential parent wants to attend school conferences

Conclusion

Case Briefs

7. English Language Learners

Overview

Case Study: Let’s Treat These New Immigrants Like Our Grandparents Were Treated?

Important Concepts

Bilingual-Bicultural Education

Legal Basis

Castaneda Guidelines

Bilingual Education Acts

Related Issues

Case Study: It’s My Heritage and You Should Recognize It

Conclusion

Case Briefs

8. Education Of Students With Disabilities

Overview

Case Study: It Wasn’t So Long Ago

Important Concepts

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: Steep Steps

Case Study: Do Special Education Services Follow The Child To A Private School Setting?

Conclusion

Case Briefs

PART III. TEACHERS' RIGHTS

9. Teachers’ Rights and Concerns

Overview

Case Study: The “Teacher” in Red

Important Concepts

Selected Terms and Conditions of Teacher Employment

Case Study: This Pink Floyd Wasn’t a Student

Conclusion

Case Briefs

10. Teachers-Certifications, Licensure, And Contracts For Employment

Overview

Case Study: Minimal Conditions For Pregnancy Leave

Important Concepts

Teacher Certification

Employment of Teachers

Teachers’ Contracts

Highly Qualified Teachers

Case Study: Hire the Best and Brightest

Conclusion

Case Briefs

11. Collective Bargaining –Teacher-Employment

Overview

Case Study: Free Rider

Important Concepts

The Collective-Bargaining Process

Other Terms and Conditions of Teacher Employment

Case Study: Is Tenure Worth a Urinalysis Exam?

Conclusion

Case Briefs

12. Teacher Dismissal and Retirement and Discrimination in Employment

Overview

Case Study: Teacher Dismissal and Retirement

Important Concepts

Termination of Employment through Dismissal

Termination of Employment through Retirement

Discrimination in Employment

Discrimination against Persons with Disabilities

Case Study: Private and Public

Conclusion

Case Briefs

PART IV. LEGAL ASPECTS OF SCHOOLS

13. Local School Boards and Contract Liability

Overview

Case Study: Should the School Board Pay?

Important Concepts

Authority of the Local School Board

School Board Officers and Elections

School Board Meetings

General Principles of Statutory Contract Liability

The Competitive Bidding Process

Recovery under the Various Forms of Contract

Conflicts of Interest

Case Study: Variable School Boundaries?

Conclusion

Case Briefs

14. Tort Liability of School Districts, Officers, and Employees

Overview

Case Study: Drinking in School

Important Concepts

Elements of the Tort of Negligence

Defenses Against Liability in the School Setting

Federal Tort Liability

Case Study: A Terrible Reaction

Conclusion

Case Briefs

15. Financing Public Schools and Use of Funds

Overview

Case Study: Breakdown in a State’s Balance of Power

Important Concepts

Public School Revenues

Allocation of State Funds

Local School District Budgets and Expenditures

Proper and Fund Use

School Property

Use of School Funds for Particular Purposes

Case Study: Can School Property Use Be Refused to Religious Groups?

Conclusion

Case Briefs

16. School Violence and Internet Issues

Overview

Case Study: School Violence on the Internet

Important Concepts

School Violence

Juvenile Courts

Student Free Speech and the Internet

Case Study: Juvenile Court Proceedings or School Records?

Conclusion

Case Briefs

Appendix A: Selected Provisions of the Constitution of the United States

Appendix B: Table of Authorities

Glossary

Index

About the Author

"The greatest strength is presentation of facts, narratives, cases, in a concise format with discussion questions and topics."

Audrey M. Clarke

California State University, Northridge

“This comprehensive resource is thoughtfully designed with a focus on legal currency and relevancy. The case briefs enhance an already distinctive textbook.”

Bradley Vance Balch

Indiana State University

"Well done book, comprehensive, and easy to read for educators. The most exceptional portion of this book are the case studies, and the exceptionally well done case briefs, excellent instructional tools."

Dr. Christine Villani

Southern Connecticut State University

This is an excellent text to use in the School Law class to provide a historical perspective of the history of American Education.

Dr Michael Cosimano

Teacher Education Division, Felician College

July 22, 2012

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Great organization. Loved the case briefs.

Dr Joseph Nichols

School Of Education, Georgia Southwestern State University

September 12, 2011

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