An engaging, case-based approach to the most up-to-date legal topics gives educators a basic understanding of the legal aspects of their work.
This text introduces K-12 educators to a body of school law that will help them to conduct themselves in a legally defensible manner. A balance of case law, statutory law, constitutional provisions, and analytical commentary, this vital book covers a wide range of topics including: sources of law under which educators operate; legal restraints to state action in K-12 education; legal rights and restrictions applicable to students and teachers; law pertaining to persons with disabilities; and liability for damages as a result of official action or inaction. In addition, broad legal concepts such as due process, equal protection, freedom of expression, the wall separating church and state, and reasonable search are analyzed to assist professional educators in gaining a better understanding of the legal landscape in which they operate. The entire text is written in a clear, engaging style appropriate for those who do not have extensive legal backgrounds.
Table of Contents
Table of Cases
A Note to Users of This Text
Educational Governance: Sources of Law and the Courts
1. EDUCATIONAL GOVERNANCE: SOURCES OF LAW AND THE COURTS
Sources of Law
The American Judicial System
2. SCHOOLS AND THE STATE
Religion in the Schools
Use of Facilities
Aid to Nonpublic Schools
3. STUDENTS AND THE LAW
Freedom of Expression
Family Educational Rights and Privacy Act of 1974 (Buckley Amendment)
Suspension, Expulsion, and Disciplinary Transfer
Search of Students and Lockers
Pregnancy, Parenthood, and Marriage
Participation in Extracurricular Activities
School Punishment for Out-of-School Offenses
4. TEACHERS AND THE LAW
Nonrenewal and Dismissal
Freedom of Expression
Teacher as Exemplar
5. SCHOOL DESEGREGATION
Early Desegregation in the South
Desegregation in the Non-Southern States
Recent Desegregation Issues
6. INDIVIDUALS WITH DISABILITIES AND THE LAW
The Individuals with Disabilities Education Act
Section 504 of the Rehabilitation Act
The Americans with Disabilities Act
7. SCHOOL FINANCE and SCHOOL CHOICE ISSUES
School Finance Reform
8. EDUCATOR AND SCHOOL DISTRICT LIABILITY
General Principles Underlying Educator Liability
Liability under State Law
Liability under Federal Law
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
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
Chapter 92 of the Massachusetts Acts of 2010
An Act Relative to Bullying in Schools
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