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School Law for K-12 Educators
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School Law for K-12 Educators
Concepts and Cases



November 2007 | 456 pages | SAGE Publications, Inc

A practical, user-friendly approach to school law supported by carefully constructed information that is of immediate interest to classroom teachers, supervisors and school administrators.

Key Features

Maps out the court's decision-making process in an easy-to-understand format

Illustrates the key aspects of a legal issue through case-studies in every chapter

Explains complex cases with succinct case briefs that target legal laypersons and comprehensive chapter overviews that highlight important concepts

Encourages dialogue with accompanying discussion questions for each case brief and case study

Offers additional case briefs online at www.sagepub.com/aquilacasebriefs

Intended Audience: This book is designed for upper-level undergraduate and graduate students of school law and is a valuable resource for courses in school administration, supervision, and teacher education.

"I find this book to be a very well done, comprehensive text, with useful activities and exceptional case briefs" —Dr. Christine Villani, Southern Connecticut State University

"More than a comprehensive text, this is a reference work for any active school administrator. School Law for K–12 Educators will be found open on a desk more often than closed on the shelf." —Philip Huckins, New England College


"The greatest strength is presentation of facts, narratives, cases, in a concise format with discussion questions and topics" —Audrey M. Clarke, California State University, Northridge

"This comprehensive resource is thoughtfully designed with a focus on legal currency and relevancy. The case briefs enhance an already distinctive textbook." —Bradley Vance Balch, Indiana State University

"Well done book, comprehensive, and easy to read for educators. The most exceptional portion of this book are the case studies, and the exceptionally well done case briefs, excellent instructional tools." —Dr. Christine Villani, Southern Connecticut State University

 
Preface
 
Introduction to the Legal System and Legal Research
 
PART I. POLICY ISSUES
 
1. School Desegregation
Overview

 
Case Study: Correcting an Inequity or Taxation Without Representation

 
Important Concepts

 
Constitutional and Statutory Underpinnings

 
Challenges to State-Fostered (De Jure) School Segregation

 
Challenges to Non-purposeful (De Facto) School Segregation

 
Desegregation of Teachers

 
Recent Court Activity

 
Case Study: Providing Plaintiffs with an Effective Remedy or an Improper Remedy

 
Conclusion

 
Case Briefs

 
 
2. Church-State Interaction
Overview

 
Case Study: Equal Access or School Support of Religion?

 
Important Concepts

 
The Key Principle: Government Must Remain Neutral toward Religion

 
Governmental Support and Regulation of Parochial Education

 
Religious Influences in Public Schools

 
Religious Objections to Public School Practices

 
Case Study: Free Speech or Supporting Christianity?

 
Conclusion

 
Case Briefs

 
 
3. No Child Left Behind Act
Overview

 
Case Study: Another Unfunded Mandate

 
Important Concepts

 
No Child Left Behind Act

 
Case Study: Why does a special education teacher have to be highly qualified?

 
Conclusion

 
Case Briefs

 
 
PART II. STUDENTS' RIGHTS
 
4. School Attendance
Overview

 
Case Study: Schooling at Home or a Real Education

 
Important Concepts

 
School Attendance

 
Case Study: Is Home Schooling Equivalent Education?

 
Conclusion

 
Case Briefs

 
 
5. Student Conduct and Discipline
Overview

 
Case Study: Art or Violence: Where do you draw the line?

 
Important Concepts

 
Student Conduct

 
Student Discipline

 
Reasonableness Standard

 
Case Study: Drugs in Her Brassiere

 
Conclusion

 
Case Briefs

 
 
6. Student Records
Overview

 
Case Study: Peer-graded Papers or Educational Records?

 
Important Concepts

 
Privacy and Access to Student Records

 
Health Insurance Portability and Accountability Act

 
Case Study: Non-residential parent wants to attend school conferences

 
Conclusion

 
Case Briefs

 
 
7. English Language Learners
Overview

 
Case Study: Let’s Treat These New Immigrants Like Our Grandparents Were Treated?

 
Important Concepts

 
Bilingual-Bicultural Education

 
Legal Basis

 
Castaneda Guidelines

 
Bilingual Education Acts

 
Related Issues

 
Case Study: It’s My Heritage and You Should Recognize It

 
Conclusion

 
Case Briefs

 
 
8. Education Of Students With Disabilities
Overview

 
Case Study: It Wasn’t So Long Ago

 
Important Concepts

 
Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)

 
Americans with Disabilities Act (ADA) of 1990

 
The Rehabilitation Act of 1973, Section 504

 
Due Process Issues and Concerns

 
Case Study: Steep Steps

 
Case Study: Do Special Education Services Follow The Child To A Private School Setting?

 
Conclusion

 
Case Briefs

 
 
PART III. TEACHERS' RIGHTS
 
9. Teachers’ Rights and Concerns
Overview

 
Case Study: The “Teacher” in Red

 
Important Concepts

 
Selected Terms and Conditions of Teacher Employment

 
Case Study: This Pink Floyd Wasn’t a Student

 
Conclusion

 
Case Briefs

 
 
10. Teachers-Certifications, Licensure, And Contracts For Employment
Overview

 
Case Study: Minimal Conditions For Pregnancy Leave

 
Important Concepts

 
Teacher Certification

 
Employment of Teachers

 
Teachers’ Contracts

 
Highly Qualified Teachers

 
Case Study: Hire the Best and Brightest

 
Conclusion

 
Case Briefs

 
 
11. Collective Bargaining –Teacher-Employment
Overview

 
Case Study: Free Rider

 
Important Concepts

 
The Collective-Bargaining Process

 
Other Terms and Conditions of Teacher Employment

 
Case Study: Is Tenure Worth a Urinalysis Exam?

 
Conclusion

 
Case Briefs

 
 
12. Teacher Dismissal and Retirement and Discrimination in Employment
Overview

 
Case Study: Teacher Dismissal and Retirement

 
Important Concepts

 
Termination of Employment through Dismissal

 
Termination of Employment through Retirement

 
Discrimination in Employment

 
Discrimination against Persons with Disabilities

 
Case Study: Private and Public

 
Conclusion

 
Case Briefs

 
 
PART IV. LEGAL ASPECTS OF SCHOOLS
 
13. Local School Boards and Contract Liability
Overview

 
Case Study: Should the School Board Pay?

 
Important Concepts

 
Authority of the Local School Board

 
School Board Officers and Elections

 
School Board Meetings

 
General Principles of Statutory Contract Liability

 
The Competitive Bidding Process

 
Recovery under the Various Forms of Contract

 
Conflicts of Interest

 
Case Study: Variable School Boundaries?

 
Conclusion

 
Case Briefs

 
 
14. Tort Liability of School Districts, Officers, and Employees
Overview

 
Case Study: Drinking in School

 
Important Concepts

 
Elements of the Tort of Negligence

 
Defenses Against Liability in the School Setting

 
Federal Tort Liability

 
Case Study: A Terrible Reaction

 
Conclusion

 
Case Briefs

 
 
15. Financing Public Schools and Use of Funds
Overview

 
Case Study: Breakdown in a State’s Balance of Power

 
Important Concepts

 
Public School Revenues

 
Allocation of State Funds

 
Local School District Budgets and Expenditures

 
Proper and Fund Use

 
School Property

 
Use of School Funds for Particular Purposes

 
Case Study: Can School Property Use Be Refused to Religious Groups?

 
Conclusion

 
Case Briefs

 
 
16. School Violence and Internet Issues
Overview

 
Case Study: School Violence on the Internet

 
Important Concepts

 
School Violence

 
Juvenile Courts

 
Student Free Speech and the Internet

 
Case Study: Juvenile Court Proceedings or School Records?

 
Conclusion

 
Case Briefs

 
 
Appendix A: Selected Provisions of the Constitution of the United States
 
Appendix B: Table of Authorities
 
Glossary
 
Index
 
About the Author

"The greatest strength is presentation of facts, narratives, cases, in a concise format with discussion questions and topics."

Audrey M. Clarke
California State University, Northridge

“This comprehensive resource is thoughtfully designed with a focus on legal currency and relevancy. The case briefs enhance an already distinctive textbook.”

Bradley Vance Balch
Indiana State University

"Well done book, comprehensive, and easy to read for educators. The most exceptional portion of this book are the case studies, and the exceptionally well done case briefs, excellent instructional tools."

Dr. Christine Villani
Southern Connecticut State University

This is an excellent text to use in the School Law class to provide a historical perspective of the history of American Education.

Dr Michael Cosimano
Teacher Education Division, Felician College
July 22, 2012

Great organization. Loved the case briefs.

Dr Joseph Nichols
School Of Education, Georgia Southwestern State University
September 12, 2011
Key features

 

  • The book employs a case studies approach, which allows students to consider key aspects of a legal issue using facts and legal arguments to assist them in understanding the factors underlying the court's reasoning.

  • Each chapter includes a concise overview with a listing of important concepts and a comprehensive outline detailing the most important concepts and ideas in the chapter.

  • The short 1-2 page case briefs explain a complex case in a manner that education students and other non-lawyers can easily understand.

  • Discussion questions accompany each case brief as well as every case study. This format allows the course instructor to utilize student discussion to explicate key concepts through a didactic approach

Sample Materials & Chapters

Aquila Case Briefs

Chapter 2

Chapter 8

Chapter 14


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