Education Law

Education Law provides a comprehensive survey of the legal problems and issues that confront school administrators and policymakers. The book is organized around the belief that students need to read cases to understand the subtlety and richness of the law, but for legal neophytes, cases without discussion and interpretation are often too difficult to comprehend. Thus the text both explains the important concepts and principles of education law and presents court decisions to illuminate them. The greater the likelihood of litigation or error in a particular area of professional practice the more extensive the discussion. The text also discusses the implications of the law for educational policy and practice. Key features include the following:


Presentation – To aid comprehension, technical terms are carefully explained when first introduced and discussions of complex topics move logically from overview to elaboration of important details to summary of key topics and principles.


New Material – All chapters have been updated to include the case law and legislation of the past 5 years. About half have undergone major revision. The table of cases contains about 300 more entries and the index almost 200 more entries than in the third edition.

Michael Imber (Ph.D. Stanford University) is Professor of Educational Leadership and Policy Studies in the School of Education at the University of Kansas.
Tyll van Geel (Ed.D. Harvard University; J.D. Northwestern University) is Taylor Professor of Education Emeritus in the Graduate School of Education, University of Rochester, Rochester, NY.

Preface
1 Understanding Education Law
1.1 Forms of Law
1.2 The Courts and Education Law
1.3 The Judicial System
1.4 Elements of a Judicial Decision
1.5 Legal Citations
1.6 Summary
2 Compulsory Education
2.1 Compulsory Education Laws: An Overview
Pierce v. Society of Sisters
2.2 Exemptions from Compulsory Education
Wisconsin v. Yoder
2.3 Admission Requirements and School Assignment
2.4 Government Regulation of Private and Home Schools
Meyer v. Nebraska
2.5 Government Assistance to Private Schools
Zelman v. Simmons-Harris
2.6 Summary
3 Curriculum
3.1 Authority to Control the Public School Program
3.2 Objections to Religious Observances in Public Schools
School District of Abington Township v. Schempp
Florey v. Sioux Falls School District 49–5
3.3 Religious and Moral Objections to Course Content and Materials
Smith v. Board of School Commissioners of Mobile County
3.4 Free Speech and Related Objections to Programs and Policies
Virgil v. School Board of Columbia County
3.5 Objections to Discriminatory Material
3.6 Federal Statutory Restrictions on School Programs
3.7 Summary
4 Student Freedom of Expression
4.1 Freedom of Expression: An Overview
4.2 Unprotected Categories of Speech
Morse v. Frederick
4.3 School-Sponsored Speech
Hazelwood School District v. Kuhlmeier
4.4 Independent Student Speech
Tinker v. Des Moines Independent School District
4.5 Off-Campus Speech
Thomas v. Board of Education
4.6 Freedom of Association and Use of School Facilities
4.7 Summary
5 Student Discipline
5.1 Codes of Conduct
5.2 The Use of Force to Control Students
5.3 The Investigation of Misconduct
New Jersey v. T.L.O.
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls
5.4 The Adjudication of Guilt
Goss v. Lopez
Gonzales v. McEuen
5.5 The Assignment of Punishment
5.6 Summary
6 Equal Educational Opportunity: Race and Gender
6.1 The Equal Protection Clause and Racial Discrimination
6.2 Historical Perspective: Equal Protection Prior to Brown v. Board of Education
6.3 Racial Segregation
Brown v. Board of Education (Brown I)
6.4 Remedying De Jure Segregation
Brown v. Board of Education (Brown II)
6.5 Other Forms of Racial Discrimination
Hawkins v. Coleman
6.6 Affirmative Action and Voluntary Racial Integration
Parents Involved in Cummunity Schools v. Seattle School District No. 1
6.7 The Equal Protection Clause and Gender Discrimination
6.8 Federal Antidiscrimination Statutes
6.9 Racial and Sexual Harassment
6.10 Summary
7 Students with Special Needs
7.1 Historical Perspectives: The Education of Children with Disabilities
7.2 The Rehabilitation Act (504) and the Americans with Disabilities Act
7.3 The Individuals with Disabilities Education Act
Board of Education of Hendrick Hudson Central School District v. Rowley
Daniel R.R. v. State Board of Education
7.4 No Child Left Behind and Students with Disabilities
7.5 English Language Learners
Castaneda v. Pickard
7.6 Classification by Age and Ability
7.7 Summary
8 School Finance
8.1 A Legal Perspective on School Finance
8.2 The Federal Constitution and School Finance
San Antonio Independent School District v. Rodriguez
8.3 State Constitutions and School Finance
Seranno v. Priest
Rose v. Council for Better Education, Inc.
8.4 Local School Board Authority to Raise and Spend Money
8.5 Summary
9 Federal Constitutional and Statutory Rights of Teachers
9.1 Political Activity and Noncurricular Speech
Garcetti v. Ceballos
Pickering v. Board of Education
9.2 Academic Freedom and Curricular Speech
9.3 Privacy, Morality, and Lifestyle
9.4 Race, Ethnicity, Gender, Sexual Orientation, and Sexual Identity
Wygant v. Jackson Board of Education
Richardson v. Lamar County Board of Education
9.5 Religion
9.6 Disability
9.7 Age
9.8 Summary
10 Teacher Employment
10.1 Eligibility for Employment
10.2 Assignment, Transfer, and Demotion
10.3 Probationary Teachers: Evaluation, Renewal, and Tenure
10.4 Dismissal for Cause
In re Proposed Termination of James E. Johnson
Youngman v. Doerhoff
Board of Education of Long Beach Unified School District v. Jack M.
Krizek v. Cicero-Stickney Township High School District No. 201
10.5 Procedural Due Process
Hortonville Joint School District No. 1 v. Hortonville Education Association
10.6 Reduction in Force
10.7 Leaves of Absence
10.8 Workers’ Compensation
10.9 Summary
11 Collective Bargaining, Unions, and Teacher Contracts
11.1 Collective Bargaining for Teachers: An Overview
11.2 Rights of Union Members
Armstrong Education Association v. Armstrong School District
11.3 Rights of Nonunion Members
Abood v. Detroit Board of Education
11.4 Rights and Duties in Collective Bargaining
Chee-Craw Teachers Association v. Unified School District No. 247, Crawford County
11.5 Grievance Procedures
11.6 Individual Teacher Contracts
Bottineau Public School District No. 1 v. Currie
11.7 Summary
12 Torts
12.1 Intentional Torts: Battery, Assault, False Imprisonment, and Intentional Infliction of Mental Distress
12.2 Defamation and Employee Letters of Reference
12.3 Invasion of Privacy, Student Records, and the Duty to Report Child Abuse
12.4 Negligence
Barbin v. State
Broward County School Board v. Ruiz
Hoyem v. Manhatten Beach School District
12.5 Negligent Hiring and Vicarious Liability
12.6 Liability for Dangerous Buildings and Grounds
12.7 Educational Malpractice
12.8 Governmental Immunity and Statutes Affecting Tort Suits
12.9 Substantive Due Process
12.10 Section 1983 and Tortious Violations of Federal Law
Jefferson v. Ysleta Independent School District
12.11 Summary
The Constitution of the United States
Table of Cases
Index