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Tables of Contents for School Law and the Public Schools
Chapter/Section Title
Page #
Page Count
List of Cases
xiii
4
Preface
xvii
2
Acknowledgments
xix
2
About the Author
xxi
1 Religion and the Public Schools
1
22
School-Sponsored Prayer
2
2
School-Sponsored Bible Reading
4
1
Silent Prayer and Meditation
5
1
Prayer at School Events
6
1
Athletic Contests
6
1
Administrative Guide Prayer, Bible Reading, and Silent Meditation
7
1
Voluntary Prayer at Commencement Exercises
7
3
Landmark Rulings
8
1
Impact of Recent Ruling
9
1
Administrative Guide Voluntary Prayer
10
1
Use of School Facilities by Religious Student Groups
10
3
Legal Precedents
11
2
Administrative Guide Equal Access
13
1
Religious Activities and Holiday Programs
13
1
Released Time for Religious Instruction
14
1
Aid to Parochial Schools
15
6
Religious Symbols
17
1
Religious Displays
18
1
Distribution of Religious Materials
18
2
Use of Religious Garb by School Personnel
20
1
Administrative Guide Religious Activities
21
1
Endnotes
21
2
2 Students, the Law, and Public Schools
23
47
Freedom of Expression
24
2
Administrative Guide Freedom of Expression
26
1
Protests and Demonstrations
26
1
Administrative Guide Protests and Demonstrations
27
1
School-Sponsored Newspapers
27
3
Administrative Guide Student Newspapers
30
1
Nonschool-Sponsored Newspapers
30
2
Administrative Guide Nonschool-Sponsored Student Publications
31
1
Censorship
32
1
Administrative Guide Censorship
32
1
Dress and Appearance
32
5
Health and Safety Issues
33
1
Community Norms and Expectations
34
1
Gangs and Dress
35
1
Controversial Slogans
35
1
Administrative Guide Dress and Appearance
36
1
Search and Seizure
37
11
Reasonable Suspicion
37
2
Student Desks
39
1
Student Lockers
39
1
Book Bags
39
1
Automobiles
40
1
Personal Searches
41
1
Strip Searches
42
1
Involvement of Law Enforcement Officials
43
1
Use of Canines
43
1
Metal Detectors
44
1
Administrative Guide Search and Seizure
45
1
Drug Testing
46
1
Administrative Guide Drug Testing Student Athletes
47
1
Use of Pagers and Cellular Phones
48
3
Administrative Guide Pagers and Cellular Phones
49
2
Corporal Punishment
51
9
Reasonable Punishment
57
1
Minimal Due Process
58
1
Excessive Punishment
59
1
Administrative Guide Corporal Punishment
59
1
School Suspension
60
4
Administrative Guide Suspension
60
1
Procedural and Substantive Due Process
61
3
Expulsion
64
2
Administrative Guide Expulsion
66
1
Pregnant Students
66
1
Married Students
67
1
Administrative Guide Pregnant and Married Students
68
1
Endnotes
68
2
3 Individuals with Disabilities
70
24
Individuals with Disabilities Education Act of 1990 (IDEA)
72
8
Mandatory Requirements
72
1
Interpretation and Identification of Children with Disabilities
73
1
Prereferral Intervention
74
1
Individualized Educational Program Requirement
75
1
Program Review and Changes
76
1
Education-Related Service Requirement
76
1
Least Restrictive Environment
77
1
Inclusion of Children with Disabilities
78
1
Length of School Year
79
1
Disciplining Students with Disabilities
80
4
Expulsion
80
3
Suspension
83
1
Individuals with Disabilities Education Act of 1997
84
5
Amendments Regarding Discipline
84
4
Administrative Guide Student Disabilities
88
1
The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
89
4
Qualifications for Employment
90
1
Scope of Protection; Section 504 and ADA
91
1
Administrative Guide Americans with Disabilities
92
1
Endnotes
93
1
4 School Personnel and School District Liability
94
33
The School as a Safe Place
94
1
Liability of School Personnel
95
4
Vicarious Liability
95
1
Foreseeability
96
1
Nuisance
96
3
Parental Access to School Premises
99
1
Intentional Torts
99
5
Assault
100
1
Battery
100
1
Defamation
101
1
Libel and Slander
102
1
Mental Distress
102
1
False Imprisonment
103
1
Trespassing on Personal Property
104
1
Unintentional Torts
104
4
Standard of Care
105
1
Breach of Duty
106
1
Proximate Cause
107
1
Injury
107
1
Defenses for Negligence
108
5
Contributory Negligence
108
1
Assumption of Risk
109
2
Comparative Negligence
111
1
Immunity
112
1
Duties of Supervision
113
7
Supervision before School
113
3
Supervision during School
116
1
Supervision after School
116
2
Field Trips
118
1
Parental Consent and Written Waivers
119
1
Liability Involving Civil Rights Statutes
120
2
Administrative Guide Liability
120
2
Educational Malpractice
122
1
Professionalism in Education
122
1
School-Based Management
123
1
Educational Malpractice Cases
123
2
Administrative Guide Educational Malpractice
125
1
Endnotes
125
2
5 Liability and Student Records
127
11
Rights of Parents
128
1
Rights of Eligible Students
129
1
Rights of School Personnel
129
1
Enforcement of State or Federal Statutes
130
1
Defamation Involving School Personnel
130
4
Slander
130
1
Libel
131
1
Privilege
131
1
Good Faith
132
1
Acts of Malice
133
1
Defenses against Defamation
134
2
Privilege
135
1
Good Faith
135
1
Truth
135
1
Administrative Guide Liability and Student Records
136
1
Endnotes
136
2
6 Teacher Freedoms
138
18
Substantive and Procedural Considerations
138
1
Freedom of Expression
139
5
Speech Outside the School Environment
140
2
Academic Freedom
142
2
Freedom of Association
144
3
Membership in Subversive Organizations
146
1
Dress and Grooming
147
2
Right to Privacy
149
3
Administrative Guide Teacher Freedoms
152
1
Religious Freedoms
152
1
Title VII: Religious Discrimination
153
2
Administrative Guide Religious Discrimination
154
1
Endnotes
155
1
7 Discrimination in Employment
156
23
Title VII: Discrimination
156
8
Sexual Discrimination
159
2
Racial Discrimination
161
3
Affirmative Action: California and Proposition 209
164
4
Age Discrimination
166
2
Pregnancy and Public School Employment
168
8
Administrative Guide Discrimination
169
1
Sexual Harassment
170
5
Administrative Guide Harassment
175
1
Issues Involving National Origin: Proposition 187
176
1
Endnotes
177
2
8 Tenure, Dismissal, and Due Process
179
24
Tenure
179
3
Acquisition of Tenure
180
1
Nonrenewal
181
1
Administrative Guide Tenure
182
1
Dismissal for Cause
182
15
Incompetency
182
1
Insubordination
183
1
Immorality
184
1
Homosexuality and Employment
185
3
Unprofessional Conduct
188
1
Criminal Activity
189
2
Sexual Advances toward Students
191
2
Administrative Guide Dismissal
193
1
Financial Exigency (Abolition of Positions)
193
2
Administrative Guide Financial Exigency
195
1
Good or Just Cause
196
1
Administrative Guide Good or Just Cause
197
1
Collective Bargaining
197
4
Private Sector versus Public Sector Bargaining
198
1
State Involvement
198
1
Impasse and Bargaining
199
1
Legal Issues
199
2
Administrative Guide Collective Bargaining
201
1
Endnotes
201
2
Appendix A The Constitution of the United States: Provisions and Amendments Affecting Education
203
4
Appendix B Summary of Relevant Federal Statutes
207
16
Glossary of Relevant Legal Terms
223
4
Index
227