American Public School Law 6th Edition

ISBN-10: 0534274242

ISBN-13: 9780534274245

Edition: 6th 2005 (Revised)

List price: $186.95
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Description: This market-leading text for graduate-level courses in educational law is a combined textbook/casebook that provides a comprehensive view of the law that governs the public school system of America. The case method approach allows instructors to involve discussion to discover and expose the reasoning of the law. This helps students relate factual situations to the law while recognizing similar experiences they may have as practicing teachers and administrators.

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Book details

List price: $186.95
Edition: 6th
Copyright year: 2005
Publisher: Wadsworth
Publication date: 7/23/2004
Binding: Hardcover
Pages: 1072
Size: 7.75" wide x 10.00" long x 1.50" tall
Weight: 4.290
Language: English

M. David Alexander is Professor and Chair of the Department of Educational Leadership and Policy Studies, Virginia Tech. Dr. Alexander has authored or co-authored several books and many chapters and articles in the area of education law. He has taught public school law and college and university law for nearly 30 years and is widely consulted on issues pertaining to education law and arbitration.

Table of Cases
Preface
The Legal System
Constitutions
Statutes
Court, or Case, Law
Common Law
Powers and Functions of Courts
Applying Principles
Interpreting Statutes
Determining Constitutionality
The Purpose of Law
An Invitation to Jurisprudence, Harry W. Jones
Stare Decisis
The Historical Development of the Doctrine of Precedent, Harold J. Berman and William R. Greiner
Nature and Authority of Judicial Precedents, Henry Campbell Black
Commentaries
The Role of Precedent in Judicial Decision, John Hanna
Understanding Judicial Decisions
Case or Controversy
A Legitimate Controversy
The American Court System
State Courts
Federal Courts
The Role of the Supreme Court in American Society, Archibald Cox
Vertical Judicial Federalism: The Legal Context
Historical Perspective of Public Schools
America's First School Laws
The Puritan Influence
A System of Education
Education as a Right
Common School Ideal Implemented
The Massachusetts Law of 1647
Preamble to a Bill for the More General Diffusion of Knowledge (1779)
Education as an Absolute Right, Horace Mann's Tenth Report (1846)
Education, the Balance-Wheel of Social Machinery, Horace Mann's Twelfth Report (1848)
Education Provisions of State Constitutions
Jami McDuffy et al. v. Secretary of the Executive Office of Education et al.
Education Provision as Limitation on Legislature
Rose v. The Council for Better Education, Inc.
Judicial Approval of Common Schools
Commonwealth v. Hartman
Expansion of Public Schools
Charter Schools
Council of Organizations of Others for Education about Parochiad v. Governor
Tuition and Fees in Public Schools
Randolph County Board of Education v. Adams
Cardiff v. Bismarck Public School District
Hartzell v. Connell
Role of the Federal Government
The Land Ordinances
Indirect Federal Role
State Sovereignty and the Tenth Amendment
Federal Involvement in Education
Education and General Welfare
Education and Commerce
United States v. Lopez
Supremacy Clause
Shepheard v. Godwin
Wheeler v. Barrera
Eleventh Amendment Immunity of the States
Governance of Public Schools
Education as a State Function
Limits of State Control
State and Local Educational Agencies
Functions of Educational Agencies
Delegation of Legislative Powers
Executive Functions
Quasi-Judicial Functions
Hortonville Joint School District No. 1 v. Hortonville Education Association
Fremont RE-1 School District v. Jacobs
Judicial Review of Educational Agency Actions
State ex rel. Clark v. Haworth
McGilvra v. Seattle School District No. 1
Board of Education of Boone County v. Bushee
Clark v. Jefferson County Board of Education
School Officers
Smith v. Dorsey
Williams v. Augusta County School Board
School Elections
Hadley v. Junior College District of Metropolitan Kansas City, Mo.
School Board Meetings
Aldridge v. School District of North Platte
Open Meetings and Public Records Laws
Public Records
Open Records
Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Bernasconi
Hovet v. Hebron Public School District
Church and State
Wall of Separation
Religious Intolerance
Colonial Establishments
Religious Assessments
An Act for Establishing Religious Freedom, Thomas Jefferson
Memorial and Remonstrance against Religious Assessments, James Madison
Church Opposition to Schools of the Republic
The Public School and Religion
Public Taxation to Support Religious Schools
Everson v. Board of Education
Board of Education of Central School District No. 1 v. Allen
The Establishment Clause and the Lemon Test
The Lemon Test
Lemon v. Kurtzman
Precedents Shortly after Lemon
The Wall Begins to Crumble
The Marginalizing of Lemon
The Establishment Clause Reduced
Mueller v. Allen
Board of Education of Kiryas Joel Village School District v. Grumet
Agostini v. Felton
Mitchell v. Helms
Antiestablishment Provisions in State Constitutions
Dickman v. School District No. 62 C
Released Time for Religious Instruction
Illinois ex rel. McCollum v. Board of Education of School District No. 71, Champaign County, Illinois
Zorach v. Clauson
Secularization of Public Schools: Prayer and Bible Reading
A Bifurcated Standard
Volitional Exercises
Secular Purpose
Silent Meditation
Student-Initiated Religious Speech
Prayer at Graduation and Extracurricular Activities
School District of Abington Township v. Schempp and Murray v. Curlett
Wallace v. Jaffree
Lee v. Weisman
Santa Fe Independent School District v. Doe
Equal Access Act
Board of Education of the Westside Community Schools v. Mergens
Facilities
Lamb's Chapel v. Center Moriches Union Free School District
Flag Salute
West Virginia State Board of Education v. Barnette
School Attendance
State Prerogative
Plyler v. Doe
Martinez v. Bynum
Compulsory School Attendance
Parens Patriae
Instruction in Private Schools
Equivalent Instruction
Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary
Religion: The Amish Exception
State of Wisconsin v. Yoder
Johnson v. Charles City Community Schools of Board of Education
Home Instruction
Swanson v. Guthrie Independent School District I-L
Murphy v. State of Arkansas
Birst v. Sanstead
Other Reasons for Nonattendance
Excessive Absences
Travel
Illness
Marriage
Vaccination
Maack v. School District of Lincoln
The Instructional Program
Robust Exchange of Ideas
Judges Not Education Experts
Limitation on State Power
State ex rel. Andrews v. Webber
Sandlin v. Johnson
Meyer v. Nebraska
Steirer by Steirer v. Bethlehem Area School District
Curriculum and the Pall of Orthodoxy
Board of Education, Island Trees Union Free School District No. 26 v. Pico
Virgil v. School Board of Columbia County, Florida
Mozert v. Hawkins County Board of Education
Brown v. Woodland Joint Unified School District
Obscenity and Sex
Films
Cornwell v. State Board of Education
Keefe v. Geanakos
Fowler v. Board of Education of Lincoln County, Kentucky
Evolution versus Creationism
Epperson v. State of Arkansas
Edwards v. Aguillard
Student Testing and Promotion
Due Process and Testing
Equal Protection and Testing
Debra P. v. Turlington
Grading and Academic Requirements
Withholding Diploma
Grade Reduction
Grade Standards for Extracurricular Activities
Campbell v. Board of Education of Town of New Milford
Bilingual Education Programs
Lau v. Nichols
Student Rights
Common Law and the Student
Reasonableness
In Loco Parentis
Wiemerslage v. Maine Township High School District 207
Constitutional Due Process
Substantive Due Process
Dunn v. Fairfield Community High School District No. 225
Corporal Punishment, the Eighth Amendment, and Substantive Due Process
Ingraham v. Wright
Procedural Due Process
Dixon v. Alabama State Board of Education
Goss v. Lopez
McClain v. Lafayette County Board of Education
Sexual Harassment of Students
Franklin v. Gwinnett County Public Schools
Gebser v. Lago Vista Independent School District
Davis v. Monroe County Board of Education
Child Abuse
Definition
Reporting
Penalty for Failure to Report
Defenses for Failure to Report
Arkansas Department of Human Services v. Caldwell
Freedom of Speech and Expression
Material and Substantial Disruption
Tinker Defined
Student Appearance
Hair Length
School Uniforms
Tinker v. Des Moines Independent Community School District
Bethel School District No. 403 v. Fraser
Chandler v. McMinnville School District
Student Publications
Forum Analysis of Hazelwood
Categories of Publications
Hazelwood School District v. Kuhlmeier
Beussink v. Woodland R-IV School District
Search and Seizure
Reasonable Suspicion
Canine Searches
Strip Searches
Metal Detector Searches
Exclusionary Rule
Drug Testing
Liability for Illegal Search
New Jersey v. T. L. O.
Vernonia School District 47J v. Acton
Cornfield v. Consolidated High School District No. 230
DesRoches v. Caprio and School Board of the City of Norfolk
Isiah B. v. State of Wisconsin
Rights of Disabled Children
A History of Neglect
The Turning Point
The Mills Case
Mills v. Board of Education of District of Columbia
Congressional Action
Rehabilitation Act of 1973
Education for All Handicapped Children Act (EAHCA)
Amendments to the EAHCA
Interpretation of the IDEA (EAHCA)
Free Appropriate Public Education
Procedural Safeguards
Individualized Education Program (IEP)
Board of Education of Hendrick Hudson Central School District v. Rowley
Timothy W. v. Rochester, New Hampshire, School District
Least-Restrictive Environment
Oberti v. Board of Education
Separate School Placement
Florence County School District Four v. Carter
Zobrest v. Catalina Foothills School District
Foley v. Special School District of St. Louis County
KDM v. Reedsport School District
Related Services
Irving Independent School District v. Tatro
Cedar Rapids Community School District v. Garret F.
Discipline and the Stay-Put Provision
Honig v. Doe
Attorney's Fees
Liability for Reimbursement of Parents
Acquired Immunodeficiency Syndrome (AIDS)
Rehabilitation Act of 1973
IDEA and AIDS
Martinez v. School Board of Hillsborough County, Florida
Desegregation
Historical Background
Erosion of Separate-But-Equal
Brown and the Demise of Segregated Schools
Brown v. Board of Education of Topeka
Interpreting Brown
Griffin v. County School Board of Prince Edward County
Green v. County School Board of New Kent County, Virginia
Alexander v. Holmes County Board of Education
De Facto Segregation
Keyes v. School District No. 1, Denver
Quotas and Busing
Swann v. Charlotte-Mecklenburg Board of Education
Unitariness
Pasadena City Board of Education v. Spangler
Board of Education of Oklahoma City Public Schools, Independent School District No. 89 v. Dowell
Freeman v. Pitts
Remedial and Compensatory Remedies
Missouri v. Jenkins
Missouri v. Jenkins
Diversity and Racial Classifications
Narrow Tailoring
Diversity
Interdistrict Desegregation
Milliken v. Bradley
Title VI and Bakke
Torts
Definition of a Tort
Intentional Interference
Assault
Battery
Interference with Peace of Mind
Spears v. Jefferson Parish School Board
Strict Liability
Fallon v. Indiana Trail School
Negligence
Standard of Conduct
The Reasonable Person
Elements of Negligence
Duty
Standard of Care
Proximate or Legal Cause
Injury or Actual Loss
Brown v. Tesack
Brownell v. Los Angeles Unified School District
Johnson v. School District of Millard
Richardson v. Corvallis Public School District No. 1
Defenses for Negligence
Contributory Negligence
Comparative Negligence
Assumption of Risk
Immunity
Stevens v. Chesteen
Simonetti v. School District of Philadelphia
Hutchinson v. Toews
Hammond v. Board of Education of Carroll County
Wagenblast v. Odessa School District No. 105-157-166J
Educational Malpractice
Donohue v. Copiague Union Free School District
Defamation and Student Records
Defamation Defined
Defamation in Public Schools
Privilege
Good Faith
Defamation Actionable Per Se and Per Quod
Public Officials and Figures
Malice
Truth
Hett v. Ploetz
Desselle v. Guillory
Phillips v. Lincoln County School District
Milkovich v. Lorain Journal Co.
Richmond Newspapers, Inc., v. Lipscomb
Johnson v. Robbinsdale Independent School District No. 281
Student Records
Practices Suggested by Common Law
Family Educational Rights and Privacy Act (FERPA)
Fay v. South Colonie Central School District
Governmental Immunity
Sovereign Immunity
Molitor v. Kaneland Community Unit District No. 302
Richardson v. Rankin County School District
Dollar v. Dalton Public Schools
Lentz v. Morris
Abolition of Immunity
Discretionary Functions
Mosley v. Portland School District No. 1J
Insurance Waiver of Immunity
Dugger v. Sprouse
Proprietary Functions
Licensee and Invitee
Tanari v. School Directors of District No. 502
Nuisance
Hendricks v. Southfield Public Schools
Section 1983, Civil Rights Act of 1871 Liability
Persons
School Board Liability
Official Negligence
Individual Liability
Wood v. Strickland
Eleventh Amendment and Local School Districts
Minton v. St. Bernard Parish School Board
Duke v. Grady Municipal Schools
Certification, Contracts, and Tenure
Certification
Background
Requirements
Ambach v. Norwick
Wardwell v. Board of Ecucation of the City School District of the City of Cincinnati
Application of Bay
Erb v. Iowa State Board of Public Instruction
Teacher Contracts
The Standard Contract
Fairplay School Township v. O'Neal
Feldhusen v. Beach Public School District No. 3
The Tenure Contract
Grounds for Termination
Scheer v. Independent School District No. I-26 of Ottawa County
Appeal of Santee
Incompetency
Collins v. Faith School District #46-2
Insubordination
Gaylord v. Board of Education, Unified District No. 218, Morton County
In re Termination of James E. Johnson
Immorality
Toney v. Fairbanks North Star Borough School District
Board of Education of Hopkins County v. Wood
Elvin v. City of Waterville
Gaylord v. Tacoma School District No. 10
Cause or Good Cause
Board of Directors of Lawton-Bronson v. Davies
Reduction in Force
Zoll v. Eastern Allamakee Community School District
Constitutional Protection of Contracts
State v. Project Principle, Inc.
Teacher Rights and Freedoms
The Source of Rights
Academic Freedom
First Amendment: Primary Repository
Speech Rights of Public Employees
Speech and the Connick Rule
Pickering v. Board of Education
Mt. Healthy City School District Board of Education v. Doyle
Givhan v. Western Line Consolidated School District
Stroman v. Colleton County School District
East Hartford Education Association v. Board of Education
Seemuller v. Fairfax County School Board
Privacy
Search of Teacher Workplaces
Teachers' Mental and Physical Examinations
Daury v. Smith
Privacy and Drug Testing of Teachers
Knox County Education Association v. Knox County Board of Education
Freedom of Religion
Title VII
Neither Inhibit nor Promote Religion
Religious Garb
Cooper v. Eugene School District No. 4J
Privilege against Self-Incrimination
Beilan v. Board of Public Education, School District of Philadelphia
Due Process Rights of Teachers
Four Aspects of Due Process
Substantive Due Process
Liberty Interests
Property Interests
Board of Regents of State Colleges v. Roth
Perry v. Sindermann
Procedural Due Process
Hearing
Impartiality
Cleveland Board of Education v. Loudermill
Hortonville Joint School District No. 1 v. Hortonville Education Association
The Vagueness Test
Loyalty Oaths
Wieman v. Updegraff
Connell v. Higginbotham
The Irrationality and Presumptions Test
Resident Status
Pregnancy
Cleveland Board of Education v. LaFleur
Discrimination in Employment
Race Discrimination
Equal Protection
Title VI
Title VII
Griggs v. Duke Power Co.
United States v. South Carolina
Hazelwood School District v. United States
Affirmative Action
Wygant v. Jackson Board of Education
Taxman v. Board of Education of the Township of Piscataway
Sex Discrimination
Title VII
Pregnancy
Benefits
Title IX
North Haven Board of Education v. Bell
Sexual Harassment
Quid Pro Quo
Hostile Environment
Retaliation
Masson v. School Board of Dade County, Florida
Trautvetter v. Quick
Religious Discrimination
Ansonia Board of Education v. Philbrook
Cowan v. Strafford R-VI School District
Equal Pay Act
Danzl v. North St. Paul-Maplewood-Oakdale Independent School District No. 622
Age Discrimination
Wooden v. Board of Education of Jefferson County, Kentucky
Discrimination against Persons with Disabilities
School Board of Nassau County, Florida v. Arline
Chalk v. United States District Court Central District of California and Orange County Superintendent of Schools
Family and Medical Leave Act of 1993
Collective Bargaining
Historical Development
Private versus Public Sector
The Right to Bargain Collectively
Norwalk Teachers Association v. Board of Education of City of Norwalk
Anderson Federation of Teachers, Local 519 v. School City of Anderson
Board of Education v. New Jersey Education Association
Indiana State Teachers Association v. Board of School Commissioners of the City of Indianapolis
School Board of the City of Richmond v. Parham
Pawtucket School Committee v. Pawtucket Teachers Alliance
City of Biddeford v. Biddeford Teachers Association
Scope of Bargaining
Kenai Peninsula Borough School District v. Kenai Peninsula Education Association
Collective and Individual Rights
Bargaining Rights
Constitutional Rights of Individuals
Abood v. Detroit Board of Education
Grunwald v. San Bernardino City Unified School District
City of Madison v. Wisconsin Employment Relations Commission
Finance
Taxation for Education
The Development of the American State and Local Tax System
Florida Department of Education v. Glasser
Marion and McPherson Railway Co. v Alexander
Distribution of State School Funds
Taxation and Equal Protection
Distribution Formulas and the Equal Protection Clause
Litigation under Federal Equal Protection
The Rodriguez Case
San Antonio Independent School District v. Rodriguez
Papason and Fundamentality
The Emergence of the Intermediate Test
Papason v. Allain
Litigation under State Constitutions
Future Directions of State Litigation
Fundamentality and State Constitutions
Edgewood Independent School District v. Kirby
Committee for Educational Rights v. Edgar
DeRolph v. State
Budgeting and Accounting for School Funds
San Benito Independent School District v. Farmers' State Bank
Petition of Auditors of Hatfield Township School District
Public School Indebtedness
Revell v. Mayor of City of Annapolis
Hewitt v. Board of Education
Property
City of Baker School Board v. East Baton Rouge Parish School Board
City of Bloomfield v. Davis County Community School District
Edmonds School District No. 15 v. City of Mountlake Terrace
Purchase of Property for Special Purposes
In re Board of Public Instruction of Alachua County
School Buildings
Alexander v. Phillips
School Site Selection
Mullins v. Board of Education of Etowah County
Eminent Domain
Oxford County Agricultural Society v. School District No. 17
In re School District of Pittsburgh
Dare County Board of Education v. Sakaria
Adverse Possession
Lovejoy v. School District No. 46, Sedgwick County
Reversion of School Property
Williams v. McKenzie
Selected Constitutional Provisions
Selected Federal Statutes
Public Schools Provisions in State Constitutions
Glossary of Terms
Index
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