School Law
Pearson (Verlag)
978-0-205-41913-5 (ISBN)
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Clearly and interestingly written, this book offers its readers the optimal balance of case law, statutes, regulations, and commentary, thereby providing first hand knowledge of the law and useful guidance in understanding the meaning and application of the law in schools. This approach enables educators to operate in a legally defensible and educationally sound manner. In addition to providing historical perspective, this new edition examines policies and litigation pertaining to church and state issues, legal rights and restrictions applicable to students and teachers, desegregation, school finance, vouchers, and charter schools, developments in disabilities law, and harassment of students.
Table of Cases.
Preface.
A Note to Users of This Text.
I. EDUCATIONAL GOVERNANCE: SOURCES OF LAW AND THE COURTS.
1. Sources of Law.
Federal Level.
State Level.
Local Level.
2. The American Judicial System.
State Court Systems.
Federal Court System.
II. SCHOOLS AND THE STATE.
1. Compulsory Attendance.
Satisfied by Parochial, Private, or Home School Attendance.
Regulation of Private Schools.
Home Instruction.
Admission Issues.
2. Religion in the Schools.
School-Sponsored Prayer and Bible Reading.
Prayers at Graduation Exercises and other Public School-Sponsored Activities.
Equal Access.
The Teaching of Evolution.
Textbooks.
Distribution of Religious Literature.
Released and Shared Time and Religious Instruction.
Religious Holidays.
Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools.
3. Use of Facilities.
4. Aid to Nonpublic Schools.
5. School Fees.
6. Health Services.
Immunization.
Distribution of Condoms.
III. STUDENTS AND THE LAW.
1. Freedom of Expression.
The Tinker Doctrine.
Limiting the Tinker Doctrine.
Participation in Patriotic Exercises.
2. Family Educational Rights and Privacy Act of 1974 (Buckley Amendment).
3. Suspension, Expulsion, and Disciplinary Transfer.
4. Corporal Punishment.
5. Search of Students and Lockers.
6. Dress and Grooming.
7. Pregnancy, Parenthood, and Marriage.
8. Participation in Extracurricular Activities.
9. School Punishment for Out-of-School Offenses.
IV. TEACHERS AND THE LAW.
1. Nonrenewal and Dismissal.
2. Freedom of Expression.
Tenured Teacher's Public Expression.
Nontenured Teacher's Freedom of Expression.
3. Academic Freedom.
Appropriate Material.
Political Speakers.
4. Drug Testing.
5. Dress.
6. Teacher as Exemplar.
Homosexual Teacher.
Adulterous Teacher.
Criminal Activities.
Impropriety with Students.
7. Employment Discrimination.
Racial Discrimination.
Sex Discrimination.
Pregnancy.
Religious Discrimination.
Age Discrimination.
8. Teacher Bargaining.
9. Political Activities.
V. SCHOOL DESEGREGATION.
1. Historical Perspective.
2. Early Desegregation in the South.
3. Desegregation in the Non-South.
4. Current Desegregation Issues.
5. Epilogue.
VI. INDIVIDUALS WITH DISABILITIES AND THE LAW.
1. The Individuals with Disabilities Education Act.
Eligibility.
Identification and Evaluation of Students.
Substantive Educational Rights.
Individualized Education Programs.
Appropriate Placements.
Related Services.
Procedural Protections.
Discipline.
Transition Services.
Graduation and Competency Exams.
Cost Issues.
2. Section 504 of the Rehabilitation Act.
Students and Section 504.
Employees and Section 504.
3. The Americans with Disabilities Act.
VII. SCHOOL FINANCE and SCHOOL CHOICE ISSUES.
1. Public School Inter-and Intra-District Open Enrollment
2. Intra-District Specialized Schools
3. Voucher Plan
4. Charter Schools
5. Education Service Providers
6. Tuition Tax Credits
Legal Implications
VIII. EDUCATOR AND SCHOOL DISTRICT LIABILITY.
1. School District Immunity
Liability Under State Law.
Liability Under Federal Law.
Damages under Title IX.
Teacher-to-Student Harassment.
Student-to-Student Harassment.
2. Educator Liability.
3. Duties of Supervision.
4. Parental Consent.
5. Malpractice.
6. 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 America-Edited.
Appendix D–Statutory Material.
No Child Left Behind Act of 2001.
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. § 1981-1983.
Glossary.
Index.
| Erscheint lt. Verlag | 2.6.2004 |
|---|---|
| Sprache | englisch |
| Gewicht | 744 g |
| Themenwelt | Recht / Steuern ► Arbeits- / Sozialrecht ► Sozialrecht |
| Recht / Steuern ► EU / Internationales Recht | |
| ISBN-10 | 0-205-41913-5 / 0205419135 |
| ISBN-13 | 978-0-205-41913-5 / 9780205419135 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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