Legal Rights of Teachers and Students » (2nd Edition)

The second edition of Legal Rights of Teachers and Students provides an applied treatment of the current status of the law governing public schools in the key areas that concern teachers AND students. Written for the growing undergraduate and returning professional audience of teachers, this text addresses legal principles applicable to pre-service and in-service practitioners in a succinct, comprehensive manner. This book addresses the central issues that concern school personnel in their daily activities: church/state relations, instructional issues, student expression, students with disabilities, student discipline, teacher employment, TEACHERS' SUBSTANTIVE RIGHTS, termination of employment and tort liability. Information in this text will guide PRACTITIONERS and help alleviate concerns voiced by new educators who don't know the legal concepts that govern schools.

Table of Contents

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

Obligation of Contracts Clause

First Amendment

Fourth Amendment

Fourteenth Amendment

Federal Legislation

Funding Laws

Civil Rights Laws

Federal

2 Tort Liability

Negligence Duty

Instruction

Supervision

Maintenance of Buildings, Grounds, and Equipment

Duty to Warn

Breach of Duty/Standard of Care

Reasonable Person

Invitee, Licensee, and 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

Points to Ponder

3 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

Post-Santa Fe Rulings

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

Excusal for Religious Observances

Religious Exemptions from Secular Activities

Religious Challenges to the Secular Curriculum

State Aid to Private Schools

Aid for Student Services

Aid to Encourage Educational Choice

Tax Relief Measures

Vouchers

Conclusion

Points to Ponder

4 Instructional Issues

The School Curriculum

Requirements and Restrictions

Censorship of Instructional Materials

Challenges to the Curriculum

Censorship by Policy Makers

Electronic Censorship

Academic Freedom

Curriculum Content

Teaching Strategies

Copyright Compliance

Student Proficiency Testing

Educational Malpractice/Instructional Negligence

Instructional Privacy Rights

Student Records

Pupil Protection and Parental Rights Laws

Conclusion

Points to Ponder

5 Student Expression, Association, and Appearance

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

Student-Initiated Clubs

Student Appearance

Hairstyle

Attire

Dress Codes

Student Uniforms

Conclusion

Points to Ponder

6 Student Classifications

Classifications Based on Race

Pre-Brown Litigation

De Jure Segregation in the South

Distinguishing Between De Jure and De Facto Segregation

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 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

Conclusion

Points to Ponder

7 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

Conclusion

Points to Ponder

8 Student Discipline

Conduct Regulations

Expulsions and Suspensions

Explusions

Procedural Requirements

Zero-Tolerance Policies

Suspensions

Corporal Punishment

Constitutional Issues

State Law

Academic Sanctions

Absences

Misconduct

Search and Seizure

Application of the Fourth Amendment to Students

Students

Lockers

Search of Personal Possessions: Purses, Book Bags, and Other Property

Personal Search of Students

Use of Metal Detectors

Drug-Detecting Canines

Drug Testing

Police Involvement

Remedies for Unlawful Disciplinary Actions

Conclusion

Points to Ponder

9 Terms and Conditions of Employment

Licensure

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

Reporting Suspected Child Abuse

Collective Bargaining

Teachers’ Statutory Bargaining Rights

Scope of Negotiations

Union Security Provisions

Exclusive Privileges

Grievances

Negotiation Impasse

Conclusion

Points to Ponder

10 Substantive Constitutional Rights

Freedom of Expression

Legal Principles

Application of the Legal Principles

Expression Outside the Classroom

Prior Restraints and Channel Rules

Classroom Expression

Freedom of Association

Political Affiliations

Political Activity

Campaigning for Issues and Candidates

Holding Public Office

Personal Appearance

Constitutional Privacy Rights

Search and Seizure

Lifestyle Controversies

Conclusion

Points to Ponder

11 Discrimination in Employment

Legal Context

Fourteenth Amendment

Title VII

Disparate Treatment and Impact

Retaliation

Relief

Race and National-Origin Discrimination

Hiring and Promotion Practices

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

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 Actions

Termination, Nonrenewal, Reduction-in-Force

Retaliation

Retirement

Disability Discrimination

Qualifying as Disabled

Otherwise Qualified

Reasonable Accommodation

Termination and Nonrenewal

Conclusion

Points to Ponder

12 Termination of Employment

Procedural Due Process in General

Dismissal

Nonrenewal

Establishing Protected Property and Libery Interests

Property Interest

Liberty Interest

Procedural Requirements in Discharge Proceedings

Notice

Hearing

Adequate Notice of Hearing

Waiver of Hearing

Impartial Hearing

Evidence

Dismissal of Cause

Incompetency

Immorality

Insubordination

Unprofessional Conduct

Neglect of Duty

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

Concusion

Points to Ponder

12 Summary of Legal Generalizations

Generalizations

Conclusions

Glossary

Selected Supreme Court Decisions

Index