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

Nathan L. Essex

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For courses in Education Policy.

Equip future educational leaders with current, relevant legal information

School Law and the Public Schools: A Practical Guide for Educational Leaders provides comprehensive, practical information on relevant topics that impact the organization and administration of public schools. Students learn how to apply specific legal knowledge to real issues of daily life  in the classroom and school through application exercises and case studies; concepts and content are reinforced and amplified with tables and figures throughout. The text’s organization and writing style are designed to clarify complex material even for learners with little or no legal background.

The 7th Edition covers contemporary and emerging legal issues that affect school operations, including an enhanced focus on Diversity, Equity, and Inclusion issues confronting educational leaders. It gives policy makers and educational leaders relevant, timely information that will help them meet legal challenges while minimizing legal exposure as they execute their defined duties and responsibilities in a legally charged educational environment.

Hallmark features of this title

Case studies at the end of each chapter and application exercises apply specific legal knowledge to real issues of daily life in the classroom and school.
Administrative Guides at the end of each chapter offer concrete help for school leaders in responding to myriad legal challenges faced in day-to-day responsibilities.
Tables and figures throughout reinforce concepts and content.
Significant court cases are carefully selected to address issues that are most relevant to effective practice.
Legal citations are used to support and enhance the discussion of these issues, and a section on searching case law and the trial process is included. Legal references supporting the topics under discussion are found throughout the text.

New and updated features of this title

Increased emphasis on practices that are legally defensible along with those that are not: This revision aims to better prepare educators at all levels to perform their professional duties within the boundaries of the U.S. Constitution, statutory law, case law, and school district policies.
DEI Focus in every chapter addresses Diversity, Equity, and Inclusion issues dealt with by educational leaders. Examples include school employees and religious freedoms, aid to parochial schools, student interests v. state interest, hazing, cyberbullying, hiring discrimination, and many more.
Content updates throughout focus on contemporary issues and topics such as:
- U.S. Supreme Court decisions covering a range of issues involving charter schools, disability services, prayer at school board meetings, tuition assistance for students attending sectarian schools, prayer at athletic events
- school walkouts
- students’ use of social media
- transgender students
- COVID-19 and its impact on teaching and learning
- academic freedom, critical race theory, and gender identity
- undocumented students
- current status of school desegregation, and many more.

Features of Pearson+ eTextbook for the 7th Edition

Interactive Glossary: All key legal terms in the eTextbook are bolded and provide instant access to full glossary definitions, allowing students to quickly build their professional vocabularies as they read.
LMS-Compatible Assessment Bank:
- Quizzes and application exercises are now included in the LMS-compatible bank for the Blackboard, Canvas, D2L, and Moodle learning management systems. The packaged files allow maximum flexibility for instructors when it comes to importing, assigning, and grading.
- Chapter Quizzes: Each chapter has a multiple-choice question. Each question includes feedback for the correct answer and for each distractor to help guide students’ learning. Most of these items are higher-order thinking questions that will measure understanding of chapter content, guide the expectations for learning, and inform accountability and the applications of new knowledge.
- Application Exercises: Each chapter provides opportunities for students to apply what they have learned through Application Exercises. The 7th Edition provides 39 scenario-based Application Exercises, 4 per chapter, in short-answer format. A model response written by the author is provided to help guide learning.

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

About our author

Nathan L. Essex is a former Dean of Education and Professor of Educational Law and Leadership at the University of Memphis. He is currently serving as President Emeritus of Southwest Tennessee Community College. He received an M.S. degree in Educational Administration at Jacksonville State University and a Ph.D. degree in Administration and Planning at the University of Alabama.

Essex served as the Associate Director of the Bureau of Educational Services and Research, Program Chair of the Department of Administration and Planning, Professor and Area Head of the Educational Leadership Departments at the University of Alabama. His interests include law, educational policy, and personnel administration. He has served as a 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 12 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 that 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, Academic Excellence Award, The University of Alabama; the 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; President Bush’s Community Service Award; Alpha Beta Gamma, President of the Year 2004; and Community Hero, Memphis Grizzlies; 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, Compensation Review, The Clearinghouse, The American School Board Journal, American Management Association, Community College Review, Education and Law, and many other professional journals. He is highly sought by educators at all levels to share his knowledge and expertise regarding legal issues that impact public schools.

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