Published by Pearson (December 29, 2014) © 2016
Chapter 1 LEGAL FRAMEWORK AFFECTING PUBLIC SCHOOLS
Sources of Law
The U.S. System of Courts
Analysis of an Appellate Court Opinion
The U.S. Supreme Court
Legal Information Retrieval Systems
Chapter 2 RELIGION AND THE PUBLIC SCHOOLS
School-Sponsored Prayer
School-Sponsored Bible Reading
Silent Prayer and Meditation
Prayer at School Events
Voluntary Prayer at Commencement Exercises
Aid to Parochial Schools
Use of School Facilities by Religious Student Groups
Use of School Facilities by Outside Religious Groups
Religious Activities and Holiday Programs
Religious Freedoms Involving Teachers
Chapter 3 STUDENT RIGHTS AND RESTRICTIONS
Freedom of Expression
Dress and Appearance
Search and Seizure
Drug and Alcohol Testing
Use of Cell Phones and Electronic Devices
Mobile Devices in the Classroom
Due Process
Corporal Punishment
School Suspension
Expulsion
Student Discipline for Off-Campus Behavior
Classroom Harassment
Child Abuse
Pregnant Students
Married Students
Chapter 4 NATIONAL SECURITY AND SCHOOL SAFETY
Homeland Security
USA PATRIOT Act
No Child Left Behind and School Safety
Handling Violence in Schools
Freedom of Expression: Prohibitions and School Violence
Zero Tolerance and School Safety
Metal Detectors
Chapter 5 INDIVIDUALS WITH DISABILITIES
Individuals with Disabilities Education Act of 1990 (IDEA) and the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)
National Council on Disability
Education-Related Service Requirement
Isolation and Restraint Laws for Students with Disabilities
Disciplining Students with Disabilities
Individuals with Disabilities Education Act of 1997
Chapter 6 SCHOOL PERSONNEL AND SCHOOL DISTRICT LIABILITY
The School as a Safe Place
Liability of School Personnel
Intentional Torts
Defenses Against Defamation
Unintentional Torts
Defenses for Negligence
Proper Instruction and Student Safety
Duties of Supervision
Liability Involving Civil Rights Statutes
Educational Malpractice
Chapter 7 LIABILITY AND STUDENT RECORDS
Sanctions for Violating Family Privacy Rights
Rights of Parents
Family Educational Rights and Privacy Act
Rights of Noncustodial Parents
Rights of Eligible Students
Rights of School Personnel
Enforcement of State or Federal Statutes
Family Education Rights and Privacy Act (FERPA)
No Child Left Behind Act of 2002
Defamation Involving School Personnel
Chapter 8 TEACHER FREEDOMS
Substantive and Procedural Considerations
Freedom of Expression
Teacher Use of Facebook and Other Social Media
Freedom of Association
Dress and Grooming
Right to Privacy
Religious Discrimination in Public Schools
Family and Medical Leave Act (FMLA)
Chapter 9 DISCRIMINATION IN EMPLOYMENT
Equal Protection Provisions of the Fourteenth Amendment and Employment Discrimination
Due Process Standards and Employment Discrimination
Title VII: Discrimination
Title IX
The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
Pregnancy and Public School Employment
Sexual Harassment
Chapter 10 RECRUITMENT, TENURE, DISMISSAL, AND DUE PROCESS
Recruitment of Personnel
Tenure
Dismissal for Cause
Fair Labor Standards Act
Collective Bargaining
Right to Work Statutes
Teacher Strikes
Chapter 11 THE INSTRUCTIONAL PROGRAM AND SCHOOL ATTENDANCE
Control of Public Schools
Compulsory AttendanceSchool Vouchers
Health Requirements
Residence
Curriculum Standards
Common Core Standards
Special Interest Groups and Public School Curriculum
No Child Left Behind Act of 2001
Intellectual Property and Fair Use
Use of the Internet for Instruction
Grading and Academic Requirements
Chapter 12 SCHOOL DESEGREGATION
De Jure Segregation
Brown II Implementation
Busing and Desegregation
Free Transfer and Freedom of Choice Program
No Child Left Behind and Civil Rights
Chapter 13 PUBLIC SCHOOL FINANCE
Taxation for Public Schools
Tax Rate
Equity Funding in Education
Legal Challenges to School Funding
The Landmark Rodriguez Case
Litigation Following Rodriguez
Post-Rodriguez Cases
Equity and Adequacy of Funding for Public Schools
Appendix THE CONSTITUTION OF THE UNITED STATES AND SELECTED KEY PROVISIONS AND AMENDMENTS AFFECTING EDUCATION
Nathan L. Essex is professor of Educational Law and Leadership at the University of Memphis and President of Southwest Tennessee Community College. He received the B.S. degree in English at Alabama A&M University, the M.S. degree in Educational Administration at Jacksonville State University and the Ph.D. degree in Administration and Planning at The University of Alabama.
He has held public school teaching and administrative positions prior to completing the doctorate. Essex’s interests include law, educational policy and personnel administration. He has served as consultant for more than 100 school districts and numerous educational agencies. He served as a policy consultant with the Alabama State Department of Education for twelve years and received numerous awards in recognition of his contributions in the field of education. He is the recipient of the Truman M. Pierce Award for Educational Leadership and outstanding contributions which advanced the direction of education in the state of Alabama, the Academic Excellence Award in recognition of professional achievement and academic excellence in the research, service, and teaching of education, Capstone College of Education Society, The University of Alabama; Teaching Excellence Award; Distinguished Service Award—Who’s Who in the State of Tennessee, The University of Memphis Distinguished Administrator of the Year 1995-96, “Educator on the Move,” The University of Memphis; Phi Delta Kappa, the President’s award for leadership and service to the community, Youth Services, Inc.; Who’s Who in Corporate Memphis, Grace Magazine; and, President Bush’s Community Service Award, just to name a few. Essex has published numerous articles, book chapters and newsletters on legal issues. Many of his works appear in The Administrator’s Notebook, The Horizon, ERS Spectrum, Principal Journal, Compensation Review, The Clearinghouse, The American School Board Journal, American Management Association, Community College Review, Education and Law, and many other professional journals. Essex has authored a law textbook entitled 200 Legal Questions for Educators, which was published by Corwin. Essex has also published a textbook for public school teachers entitled, Pocket Guide to School Law and a booklet on No Child Left Behind, which was published by Allyn & Bacon. He is highly sought by educators at all levels to share his knowledge and expertise regarding legal and policy issues that impact educational organizations.
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