School law : cases and concepts

목차 (Table of Contents)

• CONTENTS
• Table of Cases = xi
• Preface = xix
• A Note to Users of This Text = xxiii
• Chapter One Educational Governance : Sources of Law and the Courts = 1
• Introduction = 1
• Ⅰ. Sources of Law = 3
• A. Federal Level = 3
• 1. Constitution and Amendments = 3
• a. Historical Perspective = 3
• b. Due Process and Equal Protection = 5
• (1) Due Process = 6
• (2) Equal Protection = 8
• 2. Statutes = 10
• 3. Case Law = 10
• 4. Executive Orders and Attorney General Opinions = 11
• B. State Level = 12
• 1. State Constitutions = 12
• 2. State Statutes = 12
• 3. Case Law = 13
• 4. State Board of Education, Chief State School Officer, and State Department of Education = 13
• 5. Attorney General Opinions = 14
• C. Local Level
• Ⅱ. The American Judicial System = 14
• A. State Court System = 16
• B. Federal Court System = 16
• 1. District Court = 17
• 2. Court of Appeals = 17
• 3. Supreme Court = 17
• Chapter Two Schools and the State = 20
• Introduction = 20
• Ⅰ. Compulsory Attendance = 20
• A. Satisfied by Parochial, Private, or Home School Attendance = 20
• Pierce v. Society of Sisters = 21
• Notes and Questions = 24
• B. Regulation of Nonpublic Schools = 25
• C. Home Instruction = 26
• D. Admission Issues = 27
• Ⅱ. Religion in the Schools = 28
• A. School-Sponsored Prayer and bible Reading = 29
• 1. Recitation of a State Prayer = 29
• Engel v. vitale = 29
• 2. Prayer and bible Reading = 35
• School district of Abington Township v. Schempp and Murray v. Curlett = 35
• Notes and Questions = 39
• 3. Prayer at Graduation Exercises = 41
• Lee v. Weisman = 41
• Notes and Questions = 53
• B. Equal Access = 55
• C. The Teaching of Evolution = 56
• Edwards v. Aguillard = 57
• Notes = 61
• D. Tex-books = 62
• E. Distribution of Religious Literature = 63
• F. Released and Shared Time and Religious Instruction = 64
• Ⅲ. Use of Facilities = 65
• Gregoire V. Centennial School District = 66
• Notes and Questions = 74
• Ⅳ. Aid to Nonpublic Schools = 75
• Ⅴ. School Fees = 78
• Hartzell v. Connell = 78
• Notes questions = 82
• Ⅵ. Immunization = 82
• Brown v. Stone = 83
• Notes = 85
• Chapter Three Students and the Law
• Introduction = 87
• Ⅰ. Freedom of Expression = 88
• A. The Tinker Doctrine = 88
• Tinker v. Des Moines Independent Community School District = 88
• Notes = 95
• B. Limiting the Tinker Doctrine = 97
• 1. Nonpolitical Speech = 97
• Bethel School district No. 403 v. Fraser = 97
• Notes = 102
• 2. School-Sponsored Expressive Activities = 103
• Hazelwood School District v. Kuhlmeier = 103
• Notes and Questions = 108
• C. Participation in Patriotic Exercises = 110
• Lipp v. Morris = 110
• Notes and Questions = 111
• Ⅱ. Suspension, Expulsion, and Disciplinary Transfer = 113
• A. Suspension = 113
• Goss v. Lopez = 113
• Notes and Questions = 121
• B. Expulsion = 122
• Gonzales v. McEuen = 122
• Notes and Questions = 126
• C. Disciplinary Transfer = 126
• Ⅲ. Corporal Punishment = 127
• Ingraham v. Wright = 127
• Notes and Questions = 132
• Ⅳ. Search of Students and Lockers = 133
• A. Student Search = 134
• New Jersey v. T.L.O. = 134
• Notes and Questions = 140
• B. Intrusive Search = 141
• Bellnier v Lund = 141
• Notes and Questions = 143
• C. Locker Search = 145
• Ⅴ. Dress and Grooming = 145
• A. Dress = 146
• Bannister v. Paradis = 146
• Notes and Questions = 149
• B. Grooming = 150
• Davenport v. Randolph County Board of Education = 150
• Notes and Questions = 152
• Ⅵ. Pregnancy, Parenthood, and Marriage = 153
• Ⅶ. Education of Individuals with Disabilities = 154
• A. defining the Limits of a "Free Appropriate Education" = 155
• Board of Education of the Hendrick Hudson Central School District v. Rowley = 156
• Notes = 162
• B. Communicable Disease as a Disability = 165
• Thoma v. Atascadero Unified School District = 166
• Notes = 170
• Ⅷ. Participation in Extracurricular Activities = 171
• A. Legal Status of Extracurricular Activities = 171
• Palmer v. Merluzzi = 171
• Notes and Questions = 175
• B. Athletics = 176
• 1. Married Students = 176
• Beeson v. Kiowa County School District RE-1 = 177
• Notes and Questions = 179
• 2. Female Participation = 179
• 3. Participation of Students with Disabilities = 181
• Grube v. Bethlehem Area School District = 181
• Notes and Questions = 185
• Ⅸ. School Punishment for Out-of-School Offenses = 185
• Chapter Four Teachers and the Law = 189
• Introduction = 189
• Ⅰ. Nonrenewal and Dismissal = 189
• Board of Regents of State Colleges v. Roth = 190
• Notes and Questions = 194
• Ⅱ. Freedom of Expression = 196
• A. Tenured Teacher's Public Expression = 197
• Pickering v Board of Education = 197
• Notes = 201
• B. Nontenured Teacher's Freedom of Expression = 203
• Mt Healthy City School District Board of Education v. Doyle = 203
• Notes = 207
• Ⅲ Academic Freedom = 207
• A. Appropriate Materials = 208
• Fowler v. Board of Education of Lincoln county = 208
• Notes and Questions = 213
• B. Political Speakers = 214
• Wilson v. Chancellor = 214
• Notes and Questions = 220
• Ⅳ. Drug Testing = 220
• Ⅴ. Dress = 221
• East Hartford Education Association v. Board of Education of Town of East Hartford = 222
• Notes and Questions = 226
• Ⅵ. Teacher as Exemplar = 226
• A. Homosexual Teacher = 227
• Gaylord v. Tacoma School District No. 10 = 227
• Notes and Questions = 235
• B. Adulterous Teacher = 237
• Erb v. lowa State Board of Public Instruction = 237
• Notes and Questions = 241
• C. Criminal Activities = 242
• Gillett v. Unified School District No. 276 = 242
• Note = 246
• D. Impropriety with Students = 247
• Barcheski v. Board of Education of Grand Rapids Public Schools = 247
• Note = 251
• Ⅶ. Employment Discrimination = 251
• A. Racial Discrimination = 253
• B. Sex Discrimination = 256
• Marshall v. kirkland = 256
• Notes = 260
• C. Pregnancy = 261
• Eckmann v. Board of Education of Hawthorn School District = 262
• Notes and Questions = 266
• D. Religious Discrimination = 267
• E. Age Discrimination = 268
• Geller v. Markham = 269
• Notes and Questions = 275
• F. Discrimination against the Disabled = 276
• Ⅷ. Teacher Bargaining = 277
• A. Dismissal of Striking Teachers = 278
• Hortoriville Joint School District No. 2 Hortonville Education Association = 278
• B. Collection and Uses of Compulsory Union Dues = 283
• Lehnert v. Ferris Faculty Association = 283
• Note = 290
• Ⅸ. Political Activities = 291
• Chapter Five School Desegregation = 293
• Introduction = 293
• Ⅰ. Historical Perspective = 294
• A. Separate but Equal Doctrine = 294
• Plessy v. Ferguson = 294
• Notes and Questions = 302
• B. De Jure Public School Segregation Unconstitutional (Brown Ⅰ) = 303
• Brown v. Board of Education of Topeka = 304
• Notes and Questions = 307
• C. Implementation (Brown Ⅱ) = 308
• Brown v. Board of Education of Topeka = 308
• Notes and Questions = 310
• Ⅱ. Desegregation in the South = 311
• A. Freedom of Choice = 312
• Green v. County School Board of New Kent County = 312
• Notes and Questions = 316
• B. Defining the Scope of the Duty to Eliminate the Dual School System = 317
• Swann v. Charlotte-Mecklenburg Board of Education = 317
• Notes and Questions = 327
• Ⅲ. Desegregation in Non-Southern States = 327
• A. Interdistrict Integration = 328
• Milliken v. Bradley = 328
• Notes and Questions = 338
• B. Intentional Segregative Action = 339
• Columbus Board of Education v. Penick = 339
• Note = 343
• C. Release from Court Order = 344
• Board of Education of Oklahoma City Public Schools v. Dowell = 344
• Notes = 350
• D. Mandating Tax Increase = 350
• Missouri v. Jenkins = 351
• E. Effect of Public Housing = 354
• Chapter Six School Finance Issues = 356
• Introduction = 356
• Ⅰ. School finance Reform = 356
• A. Background = 356
• B. Early Decisions = 358
• C. Fiscal Neutrality = 358
• D. Rodriguez = 359
• San Antonio Independent School District v. Rodriguez = 359
• Notes and Questions = 373
• E. Post-Rodriguez Litigation = 374
• Rose v. Council for Better Education = 376
• Note = 383
• Ⅱ. Choice = 383
• A. Choice Plans = 384
• 1. Public School Inter-and Intra-District Open Enrollment = 384
• 2. Inter-District Specialized Schools and Plans = 385
• 3. Voucher Plan = 385
• 4. Private Contractors = 386
• 5. Tuition Tax Deductions = 386
• B. Legal Implications = 387
• Listing of Cases = 389
• Chapter Seven Educator and School District Liability = 393
• Introduction = 393
• Ⅰ. School District Immunity = 394
• A. Liability under State Law = 394
• B. Liability under Federal Law = 395
• Wood v. Strickland = 395
• Notes and Questions = 401
• Carey v. Piphus = 402
• Ⅱ. Deucator Liability = 406
• A. Intentional Torts = 406
• B. Negligence = 406
• 1. Duty of Care = 407
• 2. Standard of Care = 407
• 3. Proximate Cause = 407
• 4. Actual Loss or Injury = 408
• C. Defenses for Negligence = 408
• Ⅲ. Duties of Supervision = 408
• A. Before and after School = 409
• B. During School Hours = 410
• C. Off-Campus Activities = 412
• Ⅳ. Parental Consent = 412
• Ⅴ. Malpractice = 413
• Ⅵ. Insurance = 415
• Question = 415
• APPENDIX A Analyzing a court Decision = 416
• APPENDIX B An Introduction to Research in School Law = 419
• APPENDIX C The Constitution of the united States of America - Edited = 430
• APPENDIX D Statutory Material = 436
• Title Ⅶ of the Civil Rights ACT of 1964 - P. L. 88-352 = 436
• Pregnancy Discrimination ACT of 1978 - P. L. 95-555 = 438
• Age Discrimination in Employment Act of 1967 - P. L. 09-202 = 439
• Age Discrimination in Employment Act Amendments of 1978 - P. L. 95-256 = 440
• Age Discrimination in Employment Act Amendments of 1986 - P. L. 99-592 = 441
• Title Ⅸ the Education Amendments of 1972 - P. L. 92-318 = 441
• Section 504 of the Rehabilitation Act 1973 - P. L. 93-112 = 442
• Family Educational Rights and Privacy Act 1974 - P. L. 93-380 = 443
• Equal Access Act 1984 - P. L. 98-377 = 445
• Civil Rights, 42 U.S.C. §1981-1983 = 447
• Glossary = 448
• Index = 453