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School Law and the Public Schools: A Practical Guide for Educational Leaders, 4/E
Nathan L Essex, University of Memphis & Southwest Tennessee Community College

ISBN-10: 0205508162
ISBN-13: 9780205508167

Publisher: Allyn & Bacon
Copyright: 2008
Format: Paper; 400 pp
Published: 01/24/2007

Suggested retail price: $84.00
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<>This is an essential School Law text for educators and policy makers at all levels. It is practical, easy to read, and contains relevant information on historical and contemporary legal issues affecting the organization and administration of schools in America.

 

This text provides valuable information regarding school safety, alcohol and breathalyzers, the Patriot Act, the evolution of the U.S. Constitution, Intelligent Design, Ten Commandments, The Theory of Evolution, child abuse, the

use of Personal Data Assistants, confidentiality involving school counselors, Family Medical Leave Act, Intellectual Property and Fair Use, Charter Schools, landmark cases involving posting of the Ten Commandments, Title IX retaliation, the Reauthorized Individuals with Disabilities Improvement Act and much more. Relevant case law rulings, charts and tables are integrated through this text to provide concrete knowledge that will allow educational leaders to operate within the boundaries of constitutional, statutory, and case law.

 

This text is organized and written in a style that facilitates ease of reading even for those individuals who have little or no legal background. Two significant features of this text include practical guides and in-basket exercises located at the end of each chapter that provide application opportunities to reinforce concepts for the reader. These features enhance understanding of legal issues affecting public schools. If you are interested in a practical, comprehensive, contemporary law text, this is the one.

  • Compact, practical and easy to read for all students, teachers, and school leaders.
  • Pedagogical features such as chapter ending guides and in-basket exercises offer opportunities to apply content to real situations.
  • Discusses the new landmark Supreme Court decision on Title IX Retaliation.
  • Provides a historical discussion of the U.S. Constitution, Federalism, the Separation of Powers and the Bill of Rights.
  • Discusses bullying and its impact on school safety and discipline as well as measures that should be taken to address bullying.
  • Discusses the theories related to breathalyzers, the courts' posture regarding their inclusion in school curriculum, and the conditions under which school officials may legally test for alcohol consumption by students at school sponsored events.
  • Discusses the conditions under which counselors may maintain confidentiality regarding their professional interactions with students and conditions under which they are not required to do so.

  • Includes a new chapter on School Finance (Ch. 13) to address a topic of ongoing concern.
  • Fresh coverage of issues such as Intelligent Design, The Patriot Act, No Child Left Behind, Bullying in Public Schools, Charter Schools, and the Family Medical Leave Act keep this text very current.
  • Chapter 4 is reorganized and has new information on National Security and Student Safety.
  • Details all new requirements that apply to elementary and secondary schools under the reauthorized IDEA Act including pilot programs and funding priorities.
  • New Instructor's Manual and PowerPoints for Instructors are available online by contacting your local representatives.

List of Cases 

Preface
Acknowledgements

 

Chapter 1

Legal Framework Affecting Public Schools

            Sources of Law

            The U.S. System of Courts

            Analysis of an Appellate Court Opinion

            The Supreme Court

 

Chapter 2

Religion and the Public Schools

            School-Sponsored Prayer

            School-Sponsored Bible Reading

            Silent Prayer and Meditation

            Aid to Parochial Schools

            Prayer at School Events

            Voluntary Prayer at Commencement Exercises

            Use of School Facilities by Religious Student Groups

            Religious Activities and Holiday Programs

 

Chapter 3

Students, the Law, and Public Schools

            Freedom of Expression

            Dress and Appearance

            Search and Seizure

            “No Pass, No Play” Rule

            Use of Pagers, Cellular Phones and Personal Data Assistants

            Corporal Punishment

            Classroom Harassment

            Pregnant Students

            Married Students

 

Chapter 4

National Security and School Safety

            U.S.A. Patriot Act, No Child Left Behind and School Safety

            Handling Violence in Schools

            Limiting Liability for School Violence

            School Uniform Dress Policies, School Safety, and Students’ Freedom of Expression Rights

            Drug Testing

            Zero Tolerance and School Safety

            Metal Detectors

 

Chapter 5

Individuals with Disabilities

            Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)

            National Council on Disability

            Disciplining Students with Disabilities

            Individuals with Disabilities Education Act of 1997

 

Chapter 6

School Personnel and School District Leadership

            The School as a Safe Place

            Liability of School Personnel

            Intentional Torts

            Unintentional Torts

            Defenses for Negligence

            Duties of Supervision

            Liability Involving Civil Rights Statutes

           

Chapter 7

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

            No Child Left Behind Act of 2001

            Defamation Involving School Personnel

            Defenses Against Defamation

 

Chapter 8

Teacher Freedoms

            Substantive and Procedural Considerations

            Freedom of Expression

            Freedom of Association

            Dress and Grooming

            Right to Privacy

            Religious Freedoms

           

Chapter 9

Discrimination in Employment

            Title VII: Discrimination

            The Rehabilitation Action of 1973 and the Americans with Disabilities Act of 1990

            Affirmative Action: California and Proposition

            Pregnancy and Public School Employment       

           

Chapter 10

Recruitment, Tenure, Dismissal, and Due Process

            Recruitment of Personnel

            Tenure

            Dismissal for Cause

            Collective Bargaining

           

Chapter 11

The Instructional Program

            Control of Public Schools

            Compulsory Attendance

            Health Requirements

            Residence

            Curriculum Standards

            No Child Left Behind Act of 2001

            Use of the Internet for Instruction

            Grading and Academic Requirements

            Educational Malpractice

 

Chapter 12

School Desegregation

            De Jure Segregation

            Brown II Implementation

            Free Transfer and Freedom of Choice Program

            Seeking Unitary Status

           

Chapter 13

School Finance

            Taxation for Public Schools

            Tax Rate

            Legal Challenges to School Funding

            The Landmark Rodriguez Case

            Post Rodriguez Case

           

           

           

Nathan L. Essex is a professor of Educational Law and Leadership at the University of Memphis and President of Southwest Tennessee Community College.  He received a B.S. in English at Alabama A&M University, an M.S. in Educational Administration at Jacksonville State University, and a Ph.D. in Administration and Planning at the University of Alabama.  

 

Essex’s interests include law, educational policy, and personnel administration.  He has served as consultant for more than 100 school districts and numerous educational agencies.  He served as a policy consultant with the Alabama State Department of Education for 12 years and received numerous awards in recognition of his contributions in the field of education.  He is the recipient of the Truman M. Pierce Award for Educational Leadership, for outstanding contributions which advanced the direction of education in the state of Alabama; the Academic Excellence Award in recognition of professional achievement and academic excellence in the research, service, and teaching of education, Capstone College of Education Society, The University of Alabama; Teaching Excellence Award; Distinguished Service Award – Who’s Who in the State of Tennessee; The University of Memphis Distinguished Administrator of the Year 1995-1996, “Educator on the Move,” the University of Memphis; Phi Delta Kappa, the Presidents award for leadership and serve to the community, Youth Services, Inc.; Who’s Who in Corporate Memphis, Grace Magazine; and President Bush’s Community Service Award, just to name a few.  Essex has published numerous articles, book chapters, and newsletters on legal issues.  Many of his works appear in The Administrator’s Notebook, The Horizon, Compensation Review, The Clearinghouse, The American School Board Journal, American Management Association, Community College Review, Education and Law, and many other professional journals.  He is highly sought by educators at all levels to share his knowledge and expertise regarding legal issues that impact public schools.

 

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