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Copyright, ii
Preface, xii
1. Legal Framework of Public Education, 1
State Control of Education, 1
Legislative Power, 2
State Agencies, 3
Local School Boards, 4
School-Based Councils, 6
Federal Role in Education, 7
United States Constitution, 7
Federal Legislation, 12
Federal Administrative Agencies, 15
Function and Structure of the Judicial System, 16
States Courts, 20
Federal Courts, 21
Judicial Trends, 23
Conclusion, 24
2. Church/State Relations, 25
Constitutional Framework, 25
Religious Influences in Public Schools, 29
Silent Prayer Statutes, 29
School-Sponsored versus Private Devotionals, 31
Pledge of Allegiance, 35
Religious Displays and Holiday Observances, 36
Proselytization in the Classroom, 39
Equal Access for Religious Expression and Groups, 42
Accommodations for Religious Beliefs, 47
Release-Time Programs, 47
Religious Absences, 48
Religious Exemptions from Secular Activities, 49
Religious Challenges to the Secular Curriculum, 52
The Origin of Humanity, 53
Other Challenges, 55
State Aid to Private Schools, 58
Aid for Student Services, 58
Aid to Encourage Educational Choice, 62
Conclusion, 65
3. School Attendance and Instructional Issues, 67
Compulsory School Attendance, 67
Alternatives to Public Schooling, 69
Health Requirements, 72
Residency Requirements, 74
School Fees, 77
Transportation, 77
Textbooks, Courses, and Materials, 78
The School Curriculum, 79
Requirements and Restrictions, 80
Censorship of Instructional Materials, 81
Student Proficiency Testing, 87
Educational Malpractice/Instructional Negligence, 92
Instructional Privacy Rights, 94
Student Records, 95
Pupil Protection and Parental Rights Laws, 100
Conclusion, 102
4. Students’ Rights in Noninstructional Matters, 105
Freedom of Speech and Press, 105
Unprotected Expression, 106
Commercial Expression, 111
School-Sponsored Expression, 112
Protected Private Expression, 115
Student-Initiated Clubs, 125
Student Appearance, 128
Hairstyle, 128
Attire, 129
Extracurricular Activities, 134
Attendance, Training, and Recruitment Regulations, 135
Restrictions on Eligibility, 136
Fees for Participation, 139
Other Conditions, 140
Conclusion, 141
5. Student Classifications, 143
Legal Context, 143
Classifications Based on Race, 144
Pre-Brown Litigation, 145
De Jure Segregation in the South, 147
Distinguishing between De Jure and De Facto Segregation, 149
Fashioning Appropriate Remedies, 150
Achieving Unitary Status, 156
Postunitary Transfer and School Assignment, 159
Race as a Factor in Admission to Private Schools, 160
Race Discrimination and Matriculated Students, 161
Classifications Based on Native Language, 162
Classifications Based on Ability or Achievement, 166
Tracking Schemes, 166
Gifted and Talented Students, 167
Classifications Based on Age, 170
Classifications Based on Sex, 171
Interscholastic Sports, 172
Academic Programs, 176
Sexual Harassment of Students, 179
Marriage and Pregnancy, 183
Conclusion, 185
6. Rights of Students with Disabilities, 187
Legal Context, 187
Rehabilitation Act, 188
Americans with Disabilities Act, 191
Individuals with Disabilities Education Act, 192
Individualized Education Programs, 193
Initial Identification, 193
Evaluation, 193
IEP Team, 196
IEP Preparation, 196
Free Appropriate Public Education, 198
Least Restrictive Environment, 200
Private Schools, 202
Related Services, 206
Transportation, 206
Psychological Services, 206
Health and Nursing Services, 207
Extended School Year, 208
Participation in Sports, 209
Discipline, 212
Suspension, 212
Expulsion, 213
Procedural Safeguards, 215
Stay-Put Provision, 215
Informal Meeting, 216
Mediation, 216
Impartial Due Process Hearing, 218
State Review, 219
Civil Action, 219
Remedies and Attorneys’ Fees, 220
Conclusion, 222
7. Student Discipline, 224
Conduct Regulations, 225
Expulsions and Suspensions, 229
Expulsions, 229
Suspensions, 234
Corporal Punishment, 240
Constitutional Issues, 240
State Law, 242
Academic Sanctions, 243
Absences, 244
Misconduct, 245
Search and Seizure, 248
Lockers, 251
Search of Personal Possessions, 253
Personal Search of Students, 255
Metal Detectors, 259
Drug-Detecting Canines, 260
Drug Testing, 262
Police Involvement, 265
Remedies for Unlawful Disciplinary Actions, 268
Conclusion, 270
8. Terms and Conditions of Employment, 272
Licensure or Certification, 273
Employment by Local School Boards, 278
Employment Requirements, 278
Assignment of Personnel and Duties, 281
Contracts, 283
Term and Tenure Contracts, 285
Supplemental Contracts, 288
Domestic Partner Benefits, 289
Leaves of Absence, 290
Personnel Evaluation, 291
Personnel Records, 293
Other Employment Issues, 296
Using Copyrighted Materials, 296
Reporting Suspected Child Abuse, 301
Conclusion, 304
9. Teachers’ Substantive Constitutional Rights, 306
Freedom of Expression, 306
Legal Principles, 307
Application of the Legal Principles, 311
Prior Restraint and Channel Rules, 316
Expressing Personal Views in the Classroom, 319
Academic Freedom, 322
Course Content, 322
Teaching Strategies, 324
Freedom of Association, 328
Political Affiliations, 328
Political Activity, 331
Personal Appearance, 334
Constitutional Privacy Rights, 336
Search and Seizure, 338
Lifestyle Controversies, 341
Conclusion, 345
10. Discrimination in Employment, 348
Legal Context, 348
Fourteenth Amendment, 348
Title VII, 349
Race and National-Origin Discrimination, 354
Hiring and Promotion Practices, 355
Adverse Decisions, 357
Affirmative Action, 358
Sex Discrimination, 361
Hiring and Promotion Practices, 361
Compensation Practices, 363
Termination, Nonrenewal, and Denial of Tenure, 365
Sexual Harassment, 366
Pregnancy Discrimination, 368
Retirement Benefits, 370
Sexual-Preference Discrimination, 370
Access to Benefits, 371
Harassment, 371
Adverse Employment Decisions, 371
Religious Discrimination, 372
Hiring and Promotion Practices, 373
Accommodation, 373
Adverse Employment Decisions, 376
Age Discrimination, 377
Hiring and Promotion Practices, 379
Compensation and Benefits, 380
Adverse Employment Actions, 381
Retaliation, 382
Retirement, 382
Disability Discrimination, 384
Qualifying as Disabled, 385
Otherwise Qualified, 388
Reasonable Accommodation, 389
Termination and Nonrenewal, 390
Conclusion, 391
11. Termination of Employment, 393
Procedural Due Process in General, 394
Dismissal, 395
Nonrenewal, 395
Establishing Protected Property and Liberty Interests, 397
Procedural Requirements in Discharge Proceedings, 404
Notice, 406
Hearing, 407
Dismissal for Cause, 412
Incompetency, 413
Immorality, 415
Insubordination, 418
Neglect of Duty, 420
Unprofessional Conduct, 422
Other Good and Just Cause, 423
Reduction-in-Force, 424
Remedies for Violations of Protected Rights, 426
Liability of School Officials, 427
Liability of School Districts, 429
Remedies, 431
Conclusion, 435
12. Labor Relations, 438
Employees’ Bargaining Rights in the Private and Public Sectors, 439
Teachers’ Statutory Bargaining Rights, 443
Scope of Negotiations, 445
Governmental Policy, 447
Selected Bargaining Subjects, 448
Union Security Provisions, 453
Dues and Service Fees, 453
Exclusive Privileges, 458
Grievances, 460
Negotiation Impasse, 463
Strikes, 464
Conclusion, 468
13. Tort Liability, 469
Negligence, 469
Duty, 470
Breach of Duty/Standard of Care, 478
Proximate Cause, 480
Injury, 481
Defenses against Negligence, 481
Intentional Torts, 487
Assault and Battery, 488
False Imprisonment, 489
Intentional Infliction of Mental Distress, 490
Defamation, 492
Private and Public Persons, 492
Veracity of Statements, 493
Fact versus Opinion, 493
Privilege, 494
Damages, 495
Conclusion, 496
14. Summary of Legal Generalizations, 498
Generalizations, 498
Conclusion, 504
Appendix A, 506
Appendix B, 507
Glossary, 508
Selected Supreme Court Cases, 511
Index, 515

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