School Law and the Public Schools: A Practical Guide for Educational Leaders, 7th edition

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
• Conclusion
• Exercises

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 Freedom Involving Teachers
• Conclusion
• Exercises

3: Student Rights and Restrictions

• Freedom of Expression
• Student Walkouts
• Dress and Appearance
• Search and Seizure
• Drug and Alcohol Testing
• Use of Cell Phones and Electronic Devices
• Off-Campus Behavior and Social Media
• Mobile Devices in the Classroom
• Due Process
• Corporal Punishment
• School Suspension
• Restorative Justice
• Expulsion
• Student Discipline for Off-Campus Behavior
• Classroom Harassment
• Child Abuse
• Pregnant Students
• Transgender Students and Sports Teams
• Transgender Students
• Married Students
• Conclusion
• Exercises

4: National Security and School Safety

• Homeland Security
• School Safety
• Handling Violence in Schools
• Freedom of Expression: Prohibitions and School Violence
• School Uniform Dress Policies, School Safety, and Students’ Freedom of Expression Rights
• Zero Tolerance and School Safety
• Metal Detectors
• Conclusion
• Exercises

5: Individuals with Disabilities

• Individuals with Disabilities Education Act of 1990 (IDEA) and the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)
• Child Find
• 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
• Attention-Deficit/Hyperactivity Disorder and Federal Protection
• Section 504 Rehabilitation Act of 1973
• Protection Against Discrimination
• Rehabilitation 504
• Conclusion
• Exercises

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
• Conclusion
• Exercises

7: Liability and Student Records

• Sanctions for Violating Family Privacy Rights
• Rights of Parents
• Family Educational Rights and Privacy Act
• Rights of Noncustodial Parents
• Updating Student Records
• Rights of Eligible Students
• Rights of School Personnel
• Enforcement of State or Federal Statutes
• Family Education Rights and Privacy Act (FERPA)
• Defamation Involving School Personnel
• Conclusion
• Exercises

8: Teacher Freedoms

• Substantive and Procedural Considerations
• Freedom of Expression
• Freedom of Association
• Dress and Grooming
• Right to Privacy
• Religious Discrimination in Public Schools
• Family and Medical Leave Act (FMLA)
• Conclusion
• Exercises

9: Discrimination in Employment

• Equal Protection Provisions of the Fourteenth Amendment and
• Employment Discrimination
• Due Process Standards and Employment Discrimination
• Title VII: Discrimination
• The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
• Pregnancy and Public School Employment
• Sexual Harassment
• Conclusion
• Exercises

10: Recruitment, Tenure, Dismissal, and Due Process

• Recruitment of Personnel
• Tenure
• Dismissal for Cause
• Fair Labor Standards Act
• Collective Bargaining
• Teacher Strikes
• Conclusion
• Exercises

11: The Instructional Program and School Attendance

• Control of Public Schools
• Compulsory Attendance
• School Voucher Debate
• Health Requirements
• Residence
• Curriculum Standards, Academic Programs, and Extracurricular Program Equity
• Special Interest Groups and Public School Curriculum
• Promoting Innovation and Next Generation Assessments: Title I, Part B
• Intellectual Property and Fair Use
• The U.S. Department of Education and Artificial Intelligence
• Artificial Intelligence and the Future of Teaching and Learning
• Use of the Internet for Instruction
• Grading and Academic Requirements
• Conclusion
• Exercises

12: School Desegregation

• The American Challenge: From Plessy to Brown
• De Jure Segregation
• Brown II Implementation
• Busing and Desegregation
• Free Transfer and Freedom of Choice Program
• Conclusion
• Exercises

13: Public School Finance

• Taxation for Public Schools
• Tax Rate
• Equity Funding in Education
• The Landmark Rodriguez Case
• Litigation Following Rodriguez
• Post-Rodriguez Cases
• The Impact of Poverty on K–12 Children
• Conclusion
• Exercises

Appendix: The Constitution of the United States and Selected Key Provisions and Amendments Affecting Education

Additional Key Terms