A concise, user-friendly reference book that covers the critical and contemporary aspects of school law. A Teacher's Pocket Guide to School Law is a practical, informative reference for in-service and pre-service teachers in need of a school law resource written specifically with educators in mind. With an entertaining style that does not assume background knowledge in legal issues, this crisp, succinct text covers both the traditional and contemporary legal issues faced in today's classrooms. Examining religion in the classroom, student record confidentiality, zero tolerance policies, gang activity, and students with disabilities, the Teacher's Pocket Guide not only covers relevant school legal topics, but also provides readers with practical guides that assist teachers in resolving possible legal problems and avoiding lawsuits. In the newly revised second edition of the text, author Nathan L. Essex has significantly expanded the guide to include the most recent school law topics, keeping the book up-to-date and practical for 21st Century educators everywhere.
Table of Contents
CHAPTER 1 CONTROL OF PUBLIC SCHOOLS STATE AND LOCAL CONTROL OF EDUCATION State Board of Education Chief State School Office State Department of Education Local Control of Public Schools Teachers as Employees of Local School Boards School District Rules and Regulations School Board Meetings Curriculum Standards Guides, Control of Public Schools CHAPTER 2 INSTRUCTION AND CURRICULUM STANDARDS ACADEMIC ISSUES Curriculum Standards NO CHILD LEFT BEHIND ACT OF 2001 Public School Choice PUTTING READING FIRST Summary and Implications, Accountability Participation Adequately Yearly Progress Teacher Quality Qualified Teachers Paraprofessionals Restructuring Alternative Governance VOUCHERS CHARTER SCHOOLS Guides, Instructional Program INTELLECTUAL PROPERTY AND FAIR USE Copying Computer Software USE OF THE INTERNET FOR INSTRUCTION School or District Responsibility Guides, Use of the Internet for Instruction GRADING AND ACADEMIC REQUIREMENTS Student Testing Grade Reduction for Absences Grade Reduction for Unexcused Absences Grade Reduction for Academic Misconduct Physical Punishment for Poor Academic Performance Guides, Grading and Academic Requirements EDUCATIONAL MALPRACTICE Guides, Educational Malpractice CHAPTER 3 RELIGION AND PUBLIC SCHOOLS PRAYER, BIBLE READING AND RELIGIOUS SYMBOLS School Sponsored Prayer Silent Prayer and Meditation Prayer at School Events School-Sponsored Bible Reading Religious Symbols Religious Displays Ten Commandments Prayer at School Board Meetings Guides, Prayer and Bible Use in School RELIGIOUS ACTIVITIES AND HOLIDAY PROGRAMS Distribution of Religious Materials Pledge of Allegiance Landmark Case Guides, Religious Activities CHAPTER 4 STUDENTS, THE LAW AND PUBLIC SCHOOLS FREEDOM OF EXPRESSION Tinker Case Guides, Freedom of Expression Protests and Demonstrations Guides, Protests and Demonstrations SCHOOL SPONSORED NEWSPAPERS Guides, Student Newspapers CENSORSHIP Guides, Censorship DRESS AND APPEARANCE Health and Safety Issues Controversial Slogans Guides, Dress and Appearance SEARCH AND SEIZURE Reasonable Suspicion Student Desks Student Lockers Book Bags Automobiles Personal Searches Guides, Search and Seizure USE OF PAGERS AND CELLULAR PHONES Guides, Pagers and Cellular Phones CORPORAL PUNISHMENT Reasonable Punishment Minimal Due Process Excessive Punishment Guides, Corporal Punishment CLASSROOM HARASSMENT The Supreme Court's Decision Guides, Classroom Harassment CHILD ABUSE PREGNANT STUDENTS MARRIED STUDENTS Guides, Pregnant and Married Students CHAPTER 5 DUE PROCESS AND STUDENT SAFETY CREATING SAFE SCHOOLS GANGS AND DRESS Guides, Gangs and Dress School Uniform Dress Policies and Students' Freedom of Expression Rights Early Legal Challenges Guides, Uniforms ZERO TOLERANCE AND SCHOOL SAFETY Recent Zero Tolerance Practices Guides, Zero Tolerance SCHOOL SUSPENSION Guides, School Suspension Procedural and Substantive Due Process EXPULSION Guides, Expulsion Metal Detectors Guides, Metal Detectors Drug Testing Alcohol Use and Breathalyzers Guides, Drugs And Alcohol Testing CHAPTER 6 LIABILITY AND STUDENT RECORDS SANCTIONS FOR VIOLATING FAMILY PRIVACY RIGHTS Rights of Parents Rights of Noncustodial Parents Rights of Eligible Students Rights of School Personnel Enforcement of State or Federal Statutes FAMILY EDUCATION RIGHTS AND PRIVACY ACT Significant U.S. Supreme Court Rulings DEFAMATION INVOLVING SCHOOL PERSONNEL Slander Libel Privilege Good Faith Acts of Malice CONFIDENTIALITY ISSUES INVOLVING SCHOOL COUNSELORS Guides, Liability and Students Records CHAPTER 7 INDIVIDUALS WITH DISABILITIES INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 1990 (IDEA) Mandatory Requirements Functional Exclusion of Children with Disabilities Interpretation and Identification of Children with Disabilities Response to Intervention Individualized Education Program Requirement No Child Left Behind Least Restrictive Environment Equal Access to Assistive Technology for Students with Disabilities Technology Assistive Services Program Review and Changes Education-Related Service Requirement Inclusion of Children with Disabilities Attention Deficit Hyperactivity Disorder and Federal Protection DISCIPLING STUDENTS WITH DISABILITIES Expulsion Suspension Rehabilitation Act of 1973, Sec. 504 Guides, Students with Disabilities CHAPTER 8 THE TEACHER AND SCHOOL LIABILITY THE SCHOOL AS A SAFE PLACE LIABILITY OF SCHOOL PERSONNEL Individual Liability Vicarious Liability Foreseeability Nuisance INTENTIONAL TORTS Mental Distress False Imprisonment Trespassing on Personal Property UNINTENTIONAL TORTS Standard of Care Breach of Duty Proximity or Legal Cause Injury DEFENSES FOR NEGLIGENCE Contributory Negligence Assumption of Risk Comparative Negligence Immunity Liability Costs DUTIES OF SUPERVISION Supervision Before School and After School Field Trips Parental Consent and Written Waivers Guides, School Liability CHAPTER 9 DISCRIMINATION IN EMPLOYMENT TITLE VII, DISCRIMINATION Sexual Discrimination THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT OF 1990 Qualifications for Employment Scope of Protection-Section 504 and ADA Guides, Americans with Disabilities Racial Discrimination Religious Discrimination Age Discrimination PREGNANCY AND SCHOOL EMPLOYMENT FAMILY AND MEDICAL LEAVE ACT (FMLA) Guides, Discrimination SEXUAL HARASSMENT Sexual Harassment of Students by School Personnel Guides, Sexual Harassment CHAPTER 10 TEACHER FREEDOMS SUBSTANTIVE AND PROCEDURAL CONSIDERATIONS FREEDOM OF EXPRESSION Speech Outside the School Environment Academic Freedom FREEDOM OF ASSOCIATION POLITICAL RIGHTS DRESS AND GROOMING UNWED PREGNANT TEACHERS RIGHT TO PRIVACY Guides, Teacher Freedoms RELIGIOUS FREEDOMS Use of Religious Garb by School Personnel TITLE VII-RELIGIOUS DISCRIMINATION Guides, Religious Discrimination CHAPTER 11 TENURE, DISMISSAL AND COLLECTIVE BARGAINING TENURE Acquisition of Tenure Nonrenewal Guides, Tenure Teacher Evaluation Guides, Teacher Evaluation FINANCIAL EXIGENCY (ABOLITION OF POSITIONS) Guides, Financial Exigency DISMISSAL FOR CAUSE Incompetency Insubordination Neglect of Duty Immorality Conduct Involving Morality Sexual Advances Toward Students Guides, Dismissal for Cause Good or Just Cause Guides, Good or Just Cause COLLECTIVE BARGAINING Private Sector Versus Public Sector Bargaining State Involvement Scope of Collective Bargaining Impasse and Bargaining Worker's Compensation Guides, Collective Bargaining Appendix A: Selected Constitutional Provisions Appendix B: Selected Federal Statutes Appendix C: Relevant Educational Resources for Teachers and Other Professional Educators Glossary of Relevant Legal Terms Index
Nathan L. Essex has taught public school law for more than 25 years and has led over 350 workshops and seminars on legal issues in education. He has published more than 75 national articles on various aspects of law, published a public school law textbook, "School Law and the Public Schools: A Practical Guide for Educational Leaders," now in its 5th edition and completed the first edition of a law book entitled "The 200 Most Frequently Asked Legal Questions for Educators. "