Practical education law for the twenty-first century / Victoria J. Dodd.
2010
KF4119 .D63 2010 (Map It)
On loan from Cellar, due 12. May 2023
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Details
Author
Title
Practical education law for the twenty-first century / Victoria J. Dodd.
Published
Durham, N.C. : Carolina Academic Press, [2010]
Copyright
©2010
Call Number
KF4119 .D63 2010
Edition
Second edition.
ISBN
9781594608582 (pbk. : alk. paper)
159460858X (pbk. : alk. paper)
159460858X (pbk. : alk. paper)
Description
xi, 459 pages ; 23 cm
System Control No.
(OCoLC)609872252
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Variant Title
Practical education law for the 21st century
Table of Contents
ch. 1
Introduction to American Education Law
1
[§] 1:01
The Nature of American Education Law
3
[§] 1:02
Primary Sources of Education Law and Research Tools
4
[§] 1:03
Basic Legal Research Tools
5
[§] 1:04
Traditional Bases of Education
6
[§] 1:05
Brief History of Elementary and Secondary Public Education in the United States
7
[§] 1:06
Compulsory Education
9
[§] 1:07
The Role of Deference
11
[§] 1:08
Development of National and State Educational Standards
12
[§] 1:09
Teacher and Student Competency Testing
14
[§] 1:10
Comparison of American Public Education with the Educational Systems of Other Industrialized Nations
16
[§] 1:11
The Evolving Role of American Public Education
18
ch. 2
The Organization and Operation of American Public Education
21
[§] 2:01
Overall State Organization of Public Education
23
[§] 2:02
Powers and Duties of State Boards of Education
24
In General
24
Powers of State Commissioner of Education
27
State Control over Curriculum
30
State Control over Local School Boards
32
Review of State Board Decisions
34
[§] 2:03
Powers of County School Boards
35
[§] 2:04
Creation, Change, and Dissolution of School Districts
37
In General
37
Change of Boundaries
38
Merger of School Districts
40
Annexation and Detachment
40
Closing Schools, Property Transfers
42
[§] 2:05
Powers and Duties of Local School Boards
43
Selection and Removal of Members
43
Public Bidding Laws
45
Control over Curriculum
47
Control over Personnel
48
Powers of Local Superintendent of Schools
50
[§] 2:06
Contracts
52
Contracts with Personnel
52
Contracts with Third Parties
54
[§] 2:07
Acquisition and Sale of Real Property
57
Purchase and Sale Issues
57
Condemnation Issues
58
[§] 2:08
Insurance Issues
59
[§] 2:09
Open Meeting Laws
61
Typical Statutory Provisions
61
Definition of "Meeting"
62
Requirement of Notice
63
Exemptions from Open Meetings Laws
64
Ratification to Cure Non-Compliance with Open Meeting Law
65
[§] 2:10
School Board Records Issues and Rules
65
Minutes
65
Quorum Rules
66
Other Records Issues
66
Conflict of Interest Rules
67
[§] 2:11
State Take-Overs of Local School Districts
67
[§] 2:12
Development of State and Local Education Standards
69
ch. 3
School Finance
71
[§] 3:01
Overview of School Financing
73
[§] 3:02
Role of the School District Budget
75
[§] 3:03
Establishing the Tax Levy
78
[§] 3:04
Issues in the Assessment and Collection of Taxes
81
[§] 3:05
Challenges to the Overall Tax Levy Process
85
[§] 3:06
Valuation Issues and Appraisal Methods
89
[§] 3:07
Property Tax Delinquency and Foreclosure
94
[§] 3:08
Federal Constitutional Challenges to Local Property Tax Model
96
[§] 3:09
State Constitutional Challenges to Local Property Tax Model
97
[§] 3:10
Models of School Funding
98
[§] 3:11
Alternative Funding Schemes
99
[§] 3:12
Procedures for Issuing Bonds
100
[§] 3:13
School Bond Elections
103
[§] 3:14
Bond Purposes
105
[§] 3:15
Constraints on School District Indebtedness
107
[§] 3:16
Limitations on Bonds
108
[§] 3:17
Bonds and Consolidation of Districts
111
[§] 3:18
Warrants and Notes
112
[§] 3:19
Selected Salary and Fringe Benefits Issues
114
[§] 3:20
Financial Exigencies
119
ch. 4
Fundamental Rights to an Education Under State and Federal Constitutional Law
123
[§] 4:01
No Federal Constitutional Fundamental Right to an Education Exists: The Rodriguez Case
125
[§] 4:02
Post-Rodriguez Supreme Court Cases: Minimal Federal Constitutional Interests in Education
127
[§] 4:03
Early State-Based Rights to an Education: The Serrano Case and Others
128
[§] 4:04
Modern Post-Serrano Legal Challenges Under State Equal Protection Theories
130
[§] 4:05
Successful Challenges Using State-Based Equal Protection Theories
132
[§] 4:06
Unsuccessful Challenges Using State-Based Equal Protection Theories
134
[§] 4:07
State-Based Rights to an Education Under State Constitutional Education Articles
136
[§] 4:08
State Education Articles ---In General
137
[§] 4:09
Successful Challenges Using State Education Articles
139
[§] 4:10
Unsuccessful Challenges Using State Education Articles
141
[§] 4:11
Impact of Successful Cases on Funding and Other Issues
143
[§] 4:12
The Problem of On-Going Litigation
145
[§] 4:13
State Legislative Responses
146
[§] 4:14
The Future of State-Based Litigation
147
ch. 5
Residency Requirements and Mandatory Fees and Expenses
153
[§] 5:01
The Supreme Court and Residency Requirements
153
[§] 5:02
Basic State Residency Requirements
155
[§] 5:03
Proving Residency
158
[§] 5:04
Residency Issues in Divorced Families
160
[§] 5:05
Residency and Guardianship
161
[§] 5:06
Residency of Children in Group Homes or Institutions
163
[§] 5:07
Homeless Children and Residency Issues
164
[§] 5:08
The Handicapped Child and Residency Issues
166
[§] 5:09
Residency Issues in Special Factual Situations
168
[§] 5:10
Various Tuition Issues and Residency
171
[§] 5:11
General Guidelines Regarding Student Fees
172
[§] 5:12
Textbook Fees
173
[§] 5:13
Fees for Courses and Activities
174
[§] 5:14
Transportation Expenses
175
[§] 5:15
Miscellaneous Fees and Expenses
176
ch. 6
Home Schooling, School Choice, Charter Schools, and Other Alternative Schools
179
[§] 6:01
Home Schooling --- In General
181
[§] 6:02
State Regulation of Home Schooling --- In General
183
[§] 6:03
Curriculum and Credentialling
186
[§] 6:04
Reporting and Procedural Requirements
189
[§] 6:05
Free Exercise Challenges
190
[§] 6:06
Vagueness Challenges
192
[§] 6:07
Home Education and Handicapped Children
193
[§] 6:08
Divorce and Custody Issues
194
[§] 6:09
Other Federal Court Issues and Home Schooling
195
[§] 6:10
School Choice --- In General
196
[§] 6:11
Existing Public School Choice Plans
197
[§] 6:12
Establishment Clause Challenges to Voucher Programs
201
[§] 6:13
Equal Protection Challeges to Voucher Programs
203
[§] 6:14
Charter Schools
205
[§] 6:15
Privatization of Schools
207
ch. 7
Search and Seizure and Crime on Campus
211
[§] 7:01
The Basic Standard for Student Searches --- T.L.O.
213
[§] 7:02
Searches of the Person --- In General
214
[§] 7:03
Strip Searches
217
[§] 7:04
Locker Searches
219
[§] 7:05
Searches of Bookbags
221
[§] 7:06
Searches of Automobiles
222
[§] 7:07
When Is a Search Not a Search?
224
[§] 7:08
Canine-Assisted Searches
226
[§] 7:09
Metal Detectors in the School Environment
227
[§] 7:10
Police-Conducted Searches
228
[§] 7:11
The Exclusionary Rule and Student Searches
230
[§] 7:12
Miranda Warnings
232
[§] 7:13
Drug Testing
233
[§] 7:14
Weapons Legislation
236
[§] 7:15
Duty to Maintain a Safe Campus
238
ch. 8
Torts and the Student-School Relationship
243
[§] 8:01
Sovereign Immunity
245
In General
245
Insurance Exception
246
Premises Liability Exception
248
[§] 8:02
Governmental and Discretionary or Ministerial Functions
249
[§] 8:03
The Doctrine of In Loco Parentis
251
[§] 8:04
Civil Actions under [§] 1983
254
[§] 8:05
Corporal Punishment
257
[§] 8:06
Student-Inflicted Injury
260
[§] 8:07
Injuries by Non-Student Third Parties
264
[§] 8:08
Other Student Injuries
267
Non-Disciplinary Faculty-Inflicted Injury
267
Faculty Duty to Supervise Students
269
Student Mishaps Off-Campus or at Home
272
Student Suicide
273
Teacher Sexual Abuse and Sexual Harassment
276
[§] 8:09
Educational Malpractice
277
[§] 8:10
Other Professional Liability Concerns
280
Slander and Libel
280
Student Confidentiality Issues
281
Buckley Amendment
282
Other Counseling Issues
283
[§] 8:11
Overview of Selected Student Health Issues
284
Child Abuse Reporting Statutes
284
Immunization
285
Acquired Immunity Deficiency Syndrome
286
[§] 8:12
Sexual Education and Condom Distribution
288
ch. 9
Athletics
291
[§] 9:01
Athletics and Constitutional Rights --- Introduction
293
[§] 9:02
Athletic Rights and Transferring Students
294
[§] 9:03
Student Suspensions from Athletics and the Availability of Due Process Rights
296
[§] 9:04
Other Athletic Rules and Student Rights
300
[§] 9:05
Student Fees and Athletics
303
[§] 9:06
School Liability Issues in Athletics --- In General
304
[§] 9:07
Liability for Student Injuries on School Teams
306
[§] 9:08
Liability for Student Injuries During Physical Education Class
309
[§] 9:09
Student Assumption of the Risk
312
[§] 9:10
Validity of Student Waivers Concerning Athletic Injuries
315
[§] 9:11
Gender and Athletics --- In General
316
[§] 9:12
Equal Protection Concerns
318
[§] 9:13
Title IX and Team Formation
319
[§] 9:14
Title IX and Other Athletic Claims
321
[§] 9:15
National Collegiate Athletic Association (NCAA) and Regulation of High Schools --- In General
323
[§] 9:16
NCAA and Recruitment of Student Athletes
325
[§] 9:17
NCAA and Eligibility Standards
327
ch. 10
Labor Relations
331
[§] 10:01
State Collective Bargaining Laws
333
Similarities with National Labor Relations Act
333
Typical State Statutes
335
States Prohibiting Collective Bargaining
336
[§] 10:02
Scope of Collective Bargaining
337
In General
337
Mandatory Subjects
339
Duty to Bargain in Good Faith
341
[§] 10:03
Typical Bargainable Issues: "Wages, Hours, and Terms and Conditions of Employment"
342
Salary and Benefits
342
Length of School Day and Calendar Issues
345
Class Size
346
Additional Duties during the School Day and Extra-Curricular Activities
347
Other Issues
348
Merit Pay
348
Teacher Evaluations
349
Smoking Policies
351
[§] 10:04
Selecting Bargaining Representatives
351
Elections and Exclusive Representation
351
Union Fees, Dues and Assessments
354
[§] 10:05
Construction of Labor Contracts
357
[§] 10:06
Employee Grievances and Arbitration
358
In General
358
Role of Arbitrator
360
Review of Arbitrator's Decision
361
[§] 10:07
Unfair Labor Practices
364
[§] 10:08
Legality of Teacher Strikes
365
Typical State Statutes
365
Injunctions and Punishment of Striking Teachers
366
[§] 10:09
Teacher Transfers, Terminations, and Reductions in Force
367
Table of Cases
371
Index
443