1
Legal Framework of Public Education
State Control of
Education
Legislative Power
State Agencies
Local School Boards
School-based Councils
Federal Role in
Education
United States Constitution
General Welfare Clause
Commerce Clause
Obligation of Contract Clause
First Amendment
Fourth Amendment
Fifth Amendment
Ninth Amendment
Fourteenth Amendment
Federal Legislation
Funding Laws
Civil Rights Laws
Federal Administrative Agencies
Function and Structure of the
Judicial System
State Courts
Federal Courts
Judicial Trends
Conclusion
2
Church-State Relations
Constitutional
Framework
Religious Influences in Public
Schools
Silent Prayer
Statutes
School-Sponsored Versus Private
Devotionals
Weisman and Its Progeny
Student Elections to Authorize
Prayers
Pledge of Allegiance
Religious Displays and Holiday
Observances
Proselytization in the
Classroom
Equal Access for Religious
Expression and Groups
Equal Access Act
School Access for Community
Groups
Distribution of Religious
Literature
Accommodations for Religious
Beliefs
Release-Time Programs
Religious Absences
Religious Exemptions from
Secular Activities
Observances
Curriculum Components
Religious Challenges to the
Secular Curriculum
The Origin of Humanity
Other Challenges
State Aid to Private
Schools
Aid for Student
Services
Aid to Encourage Educational Choice
Tax Relief Measures
Vouchers
Conclusion
3
School Attendance and Instructional Issues
Compulsory School
Attendance
Alternatives to Public
Schooling
Health Requirements
Residency
Requirements
School Fees
Transportation
Textbooks, Courses, and
Materials
The School Curriculum
Requirements and
Restrictions
Censorship of Instructional
Materials
Parental Challenges
Censorship by Policymakers
Electronic Censorship
Student Proficiency
Testing
Educational
Malpractice/Instructional Negligence
Instructional Privacy
Rights
Student Records
Pupil Protection and Parental
Rights Laws
Conclusion
4
Students’ Rights in Noninstructional Matters
Freedom of Speech and
Press
Unprotected
Expression
Defamatory Expression
Obscene, Lewd, or Vulgar
Expression
Inflammatory
Expression
Advocacy of Illegal Activity for
Minors
Commercial Expression
School-Sponsored
Expression
Type of Forum
Hazelwood and Its
Progeny
Protected Private
Expression
Prior Restraints
Post-Expression
Discipline
Anti-Harassment
Policies
Electronic Expression
Time, Place, and Manner
Regulations
Future Directions
Student-Initiated Clubs
Student
Appearance
Hairstyle
Attire
Dress Codes
Student
Uniforms
Extracurricular Activities
Attendance, Training, and
Recruitment Regulations
Restrictions on
Eligibility
Fees for
Participation
Other Conditions
Conclusion
5
Student Classifications
Legal Context
Classifications Based on
Race
Pre-Brown Litigation
De Jure Segregation in the South
Distinguishing Between De Jure and De Facto
Segregation
Fashioning Appropriate Remedies
Rezoning and the Closing,
Reopening, or Construction of
Schools
Busing
Programmatic Options
Interdistrict Remedies
Staff Desegregation Remedies
Fiscal Responsibilities
Achieving Unitary Status
Postunitary Transfer and School Assignment
Race as a Factor in Admission to Private Schools
Race Discrimination and Matriculated Students
Classifications Based on Native
Language
Classifications Based on Ability
or Achievement
Tracking Schemes
Gifted and Talented Students
Classifications Based on
Age
Classifications Based on
Sex
Interscholastic Sports
Single-sex Teams
Fewer Sports Opportunities for Females
Modified Sports and Separate Seasons for Females
Academic Programs
Single-sex Schools
Sex-segregated Courses and Programs
Sex-based Admission Criteria
Sexual Harassment of Students
Employee-to-Student Harassment
Student-to-Student Harassment
Marriage and Pregnancy
Conclusion
6
Rights of Students with Disabilities
Legal Context
Rehabilitation Act
Americans with Disabilities Act
Individuals with Disabilities Education Act
Individualized Education
Programs
Initial Identification
Evaluation
IEP
Team
IEP
Preparation
Free Appropriate Public Education
Least Restrictive Environment
Private Schools
Public Placement of a Child in a
Private School
Parental Placement of a Child in a Private School
Services Available in Private Schools
Change of Placement
Related Services
Transportation
Psychological Services
Health and Nursing Services
Extended School Year
Participation in
Sports
Discipline
Suspension
Expulsion
Procedural Safeguards
Stay-Put Provision
Informal Meeting
Mediation
Impartial Due Process Hearing
State Review
Civil Action
Remedies and Attorneys’ Fees
Conclusion
7
Student Discipline
Conduct Regulations
Expulsions and
Suspensions
Expulsions
Procedural Requirements
Zero-Tolerance Policies
Suspensions
Procedural Requirements
Disciplinary Transfers to Alternative Educational Placements
Anti-Bullying Laws
Corporal Punishment
Constitutional Issues
State Law
Academic Sanctions
Absences
Misconduct
Search and Seizure
Application of Fourth Amendment to Students
Lockers
Search of Personal Possessions
Personal Search of Students
Personal Searches
Strip Searches
Seizure of Students
Use of Metal Detectors
Drug-Detecting Canines
Drug Testing
Police Involvement
Remedies for Unlawful
Disciplinary Actions
Conclusion
8
Terms and Conditions of Employment
Licensure or
Certification
Employment by Local School
Boards
Employment Requirements
Assignment of Personnel and Duties
Contracts
Term and Tenure Contracts
Supplemental Contracts
Domestic Partner Benefits
Leaves of Absence
Personnel Evaluation
Personnel Records
Other Employment
Issues
Using Copyrighted Materials
Reporting Suspected Child Abuse
Conclusion
9
Substantive Constitutional Rights
Freedom of Expression
Legal Principles
Application of the Legal
Principles
Prior Restraint and Channel
Rules
Expressing Personal Views in the
Classroom
Academic
Freedom
Course Content
Teaching Strategies
Adequate Notice
Relevancy
Threat of Disruption
Community Standards
Freedom of
Association
Political
Affiliations
Political Activity
Campaigning for Issues and
Candidates
Holding Public Office
Personal Appearance
Privacy Rights
Search and Seizure
Lifestyle Controversies
Conclusion
10
Discrimination in Employment
Legal Context
Fourteenth Amendment
Title VII
Qualifying as an Employer
Disparate Treatment and Impact
Retaliation
Relief
Race and National-Origin
Discrimination
Hiring and Promotion Practices
Testing
Adverse Decisions
Affirmative Action
Sex Discrimination
Hiring and Promotion Practices
Compensation Practices
Termination, Nonrenewal, and Denial of Tenure
Sexual Harassment
Quid Pro Quo
Hostile Environment
Pregnancy Discrimination
Retirement Benefits
Sexual-Preference
Discrimination
Access to Benefits
Harassment
Adverse Employment Decisions
Religious
Discrimination
Hiring and Promotion Practices
Accommodation
Attire Restrictions
Personal Leave
Job Assignments and Responsibilities
Adverse Employment Decisions
Age Discrimination
Hiring and Promotion Practices
Compensation and Benefits
Adverse Employment Actions
Termination, Nonrenewal,
Reduction-in-Force
Transfer
Retaliation
Retirement
Disability
Discrimination
Qualifying as Disabled
Otherwise Qualified
Reasonable Accommodation
Termination and Nonrenewal
Conclusion
11
Termination of Employment
Procedural Due Process in
General
Dismissal
Nonrenewal
Establishing Protected Property and Liberty Interests
Property Interest
Liberty Interest
Procedural Requirements in
Discharge Proceedings
Notice
Hearing
Adequate Notice of Hearing
Waiver of Hearing
Impartial Hearing
Evidence
Findings of Fact
Dismissal for Cause
Incompetency
Immorality
Insubordination
Neglect of Duty
Unprofessional Conduct
Other Good and Just Cause
Reduction in Force
Remedies for Violations of
Protected Rights
Liability of School Officials
Liability of School Districts
Remedies
Damages
Reinstatement
Attorneys’ Fees
Conclusion
12
Labor Relations
Employees’ Bargaining Rights in
the Private and Public Sectors
Teachers’ Statutory Bargaining
Rights
Scope of Negotiations
Governmental Policy
Selected Bargaining Subjects
Class Size
School Calendar
Teacher Evaluation
Reduction in Force
Nonrenewal and Tenure Decisions
Union Security
Provisions
Dues and Service Fees
Exclusive Privileges
Grievances
Negotiation Impasse
Strikes
Conclusion
13
Tort Liability Negligence
Duty
Supervision
Instruction
Maintenance of Buildings, Grounds, and Equipment
Duty to Warn
Breach of Duty/Standard of Care
Reasonable Person
Invitee, Licensee, Trespasser
Proximate Cause
Injury
Defenses Against Negligence
Governmental Immunity
Contributory Negligence
Comparative Negligence
Assumption of Risk
Intentional Torts
Assault and Battery
False Imprisonment
Intentional Infliction of Mental Distress
Defamation
Private and Public Persons
Veracity of Statements
Fact versus Opinion
Privilege
Damages
Conclusion
14
Summary of Legal Generalizations
Generalizations
Conclusion
Glossary
Selected Supreme Court
Decisions
Appendix
Index