School Law for Public, Private, and Parochial Educators

by Leo H. Bradley

Overview

School Law for Public, Private, and Parochial Educators serves educators from all types of schools in preservice or professional development. It is designed as a text for master's and licensure (postmaster's) levels, covering all relevant issues in school law: The legal system, The federal and state role in education, Church-state relationships, Attendance law, Instructional programs, Student rights, Teacher contracts, Rights and freedoms, Teacher negligence, Law for handicapped students, Desegregation.

To facilitate research efforts, Bradley provides case summaries, which include briefs, ramifications, and topics of interest at the end of each chapter. School Law for Public, Private, and Parochial Educators is a concise presentation of the constitutional, statutory, and case law knowledge necessary for the effective day-to-day operation of school systems. Contemporary issues having a large impact on school law, such as vouchers, the evolution vs. creation controversy, and home-schooling, are also included.

Product Details

ISBN-13:	2901578862633
Publication date:	08/29/2005
Pages:	320
Product dimensions:	6.00(w) x 1.25(h) x 9.00(d)

About the Author

Dr. Leo H. Bradley is a full professor and former educational administration chair at Xavier University, during which time he has authored seven books, and co-authored two additional books on school leadership and law. Dr. Bradley has held the positions of teacher, principal, curriculum director, assistant superintendent, and superintendent in the Ohio public schools.

D. Mark Meyers, Ph D is an Associate Professor of Leadership in the School of Education at Xavier University and President of the Ohio Association of Private Colleges of Education. He is formerly the Dean of the College of Social Sciences, Health and Education at Xavier University, a position he held from 2007-2014.

Kathleen Winterman, Ed D, has more than 27 years of experience working in the field of special education. Her areas of research include teacher preparation, individualized educational program preparation, early childhood, special education, autism, instructional technology, and services for students with mental illnesses.

Table of Contents

	Preface	ix
	Cases	xiii
	Cases by Topic	xvii
1	The Legal System	1
	Sources of School Law in the United States	1
	Powers and Functions of the Court	3
	The American Court System	5
	Significant Implications for School Administration/Leadership	11
2	Federal Role in Education	12
	Education and General Welfare	12
	Education and Commerce	13
	Supremacy Clause	15
	Significant Implications for School Administration/Leadership	16
3	State Role in Education	17
	Limitations of Power	17
	Education Provisions of State Constitutions	18
	Functions of Boards of Education/Administrations	20
	School Officers	22
	School Board Meetings	23
	State Relationship with Private/Parochial Schools	33
4	Church and State	35
	The Early Establishment of Religious Freedom	35
	Constitutional Basis for the Separation of Church and State	37
	Administering the Establishment Clause in Schools	48
	Administering the Free Exercise Clause	50
	Conclusion	51
	Church-State Case Summaries	52
5	Attendance Law	78
	The Common Law Doctrine of Parens Patriae	78
	Legal Issues in School Attendance Law	79
	School Vouchers	82
	Attendance Case Summaries	89
6	The Instructional Program	97
	Categories of Instructional Law	97
	Evolution versus Creationism	101
	Monkey Business	102
	Instructional Case Summaries	109
7	Students' Rights	134
	Procedural Due Process	134
	Substantive Due Process	135
	In Loco Parentis	137
	Freedom of Speech and Expression	137
	Student Publications	139
	Search and Seizure	141
	When to Call the Police	143
	Corporal Punishment	143
	Sexual Harassment	144
	Students' Rights Case Summaries	149
8	Teacher Contracts, Rights, and Freedoms	174
	Teachers' Contracts	174
	Teachers' Rights and Freedoms	180
	Teacher Contracts, Rights, and Freedoms Case Summaries	183
9	Teacher Negligence	204
	Torts	204
	Negligence	205
	Teacher Negligence Case Summaries	208
10	School Law and Children with Disabilities	212
	A Brief History	212
	Sources of Disabled Individuals' Protection	212
	IDEIA	216
	Handicapped Student (Special Education) Case Summaries	218
11	Desegregation	236
	Historical Development	236
	Strategies and Remedies to Segregation	241
	Desegregation Case Summaries	241
Appendix A	The Constitution of the United States: Selected Provisions	261
Appendix B	Equal Access Act, 20 U.S.C. Sections 4071 and 4072	285
Appendix C	Family Educational Rights and Privacy Act (Buckley Amendment)	289
	Index	291
	About the Author	295

Editorial Reviews

The book is nicely written, contains the important cases with each topic and is a useful tool.

School Administrator

Written for use in master's and licensure courses, this text covers the constitutional, statutory and case law knowledge necessary for effective day-to-day operation of school systems.

Reference and Research Book News