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Author Name Charles J. Russo
Ralph D. Mawdsley
778 Pages  
Published date 2017
ISBN no. 978-1-58852-111-8
eBook ISBN no. 978-1-58852-289-4
Condition New
 
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Title
Preface
Biographies of the Authors
Chapter 1: School Governance
§ 1.01 Introduction
§ 1.02 State Education Agencies
§ 1.03 State Finance Litigation
[1] State Financing Plans Sustained, Struck Down
§ 1.04 Special Schools and School Districts
[1] Charter Schools
[2] Alternative Schools
[3] School District Boundary Changes
[a] Annexation/Detachment
[b] Consolidation/Dissolution
§ 1.05 Local School Boards: Members, Meetings and Authority
[1] School District Board Members
[2] Powers of School District Boards
[3] School District Board Meetings
§ 1.06 School District Financial Affairs and Procurement of Contracts
§ 1.07 School District Employment Affairs
[1] Certified Employees
[2] Support Staff
[3] Reduction in Force
§ 1.08 School District Facilities
§ 1.09 School District Transportation and Reimbursement
[1] Special Education Students
[2] Gifted Students
[3] Nonresident Students
[4] Private/Parochial Students
§ 1.10 Tort Liability
§ 1.11 School Construction
Chapter 2: Employees
§ 2.01 Introduction
§ 2.02 Federal Nondiscrimination Statutes
[1] Stating a Claim for Federal Statutory Violations
[2] Costs and Attorney Fees
§ 2.03 Protected Nondiscrimination Categories
[1] Sexual Orientation
[2] Race
[3] National Origin
[4] Gender
[5] Age
[6] Religion
[a] Secular Employers
[b] Religious Employers
[7] Disability
§ 2.04 Substantive Constitutional Rights
[1] Speech
[2] Association
[3] Religion
[4] Privacy
[5] Substantive Due Process
§ 2.05 Procedural Due Process
[1] Liberty and Property Interests
[a] Property Interests
[b] Liberty Interests
[2] Rights Involving Notice
[3] Rights Involving a Hearing
§ 2.06 Employee Dismissal and Discipline
[1] Insubordination
[2] Unprofessional Conduct, Unfitness, Willful Neglect of Duty
[3] Immorality
[4] Incompetence
[5] Residency
§ 2.07 Reduction-in-Force
[1] Necessity for Reduction-in-Force
[2] Selection of Employees
[3] Call-Back Rights
§ 2.08 Employment Disputes Under Contracts and State Statutes
[1] State Limitations on Employment
[2] Elements of Employment Contracts
[3] Retirement Benefits
[4] Workers’ Compensation Benefits
[5] Unemployment Compensation Benefits
[6] State Whistleblower Statutes
[7] Liquidated Damages in Employment Contracts
[8] Military Service Credit
§ 2.09 State Law and Employee Tenure
[1] Tenure Status
[2] Tenure by Default or Acquiescence
§ 2.10 State Law and Employee Certification/Licensure
[1] Certification Standards
[2] Decertification, Revocation, or Suspension
§ 2.11 Outlook
Chapter 3: Collective Bargaining
§ 3.01 Introduction
§ 3.02 Bargaining Units
[1] Formation of Bargaining Units
[2] Exclusivity of Bargaining Units
[3] Union Rights
[a] Generally
[b] Supreme Court Cases on Fair Shares
§ 3.03 Scope of Bargaining
[1] Overview
[2] Specific Topics
[a] Hiring and Staffing
[b] Renewal and Tenure
[c] Reduction in Force
[d] Employee Evaluation
[e] Financial Benefits
[f] Work Load
[g] School Calendar and Length of School Day
[h] Class Size
[i] Other Issues
§ 3.04 Resolution of Negotiation Disputes
[1] Mediation
[2] Fact-Finding
[3] Arbitration
[4] Termination of Bargaining
[5] Strikes
[6] Picketing and Other Speech Issues
§ 3.05 Approval of the Contract
§ 3.06 Administration of Collective Bargaining Contracts
§ 3.07 Private and Federal Schools
[1] Private Schools
[2] Federal Schools
§ 3.08 Conclusion
Chapter 4: Student Rights
§ 4.01 The Right to Education
[1] Source of the Right to Public Education
[2] The Right to Attend Public or Private School
[3] The Right to Attend Schools Without Regard to Race
[4] The Right to Language Assistance
[5] No Right to Attend Neighborhood School
§ 4.02 The Right to Learn and Achieve in Education
[1] No Right to Grade Promotion or to be Taught Correctly
[2] Due Process Right to be Taught Material Tested on Exit Exams
[3] Students with Disabilities and the Right to “Some Benefit”
§ 4.03 The Right to Access Curriculum and Information
[1] The Right to Quality Curriculum
[2] The Right to Receive Information
§ 4.04 The Right to Safety
[1] No Constitutional Right to Protection
[2] Statutory Right to Safe Schools
[3] The Right to be Free from Teacher Harassment
[4] Bullying: The Right to be Free from Peer Harassment
[a] Definition of Bullying
[b] Statistics
[c] State Bullying Laws
[d] Students with Disabilities
[e] Litigation
[5] Child Abuse Reporting and Protection
§ 4.05 Rights Associated with Extracurricular Activities
[1] No Constitutional Right to Participate in Sports and Other Extracurricular Activities
[2] No Right to Participate in Commencement
[3] The Right to Equal Opportunity in Athletics on the Basis of Gender
[4] Rights Associated with Contact Sports
[5] The Right to Non-Discrimination on the Basis of Pregnancy
[6] The Right to Accommodation in Athletics on the Basis of Disability
[7] The Right to Participate in Noncurriculum-Related Student Groups
[8] The Right to Effective Counseling and Guidance
§ 4.06 The Right to Fair Discipline
[1] The Right to Notice of Prohibited Conduct
[2] Procedural Due Process Rights for Suspensions of Ten Days or Less
[3] Procedural Due Process Rights in Long-Term Suspensions and Expulsions
[4] Rights Associated with Alternative Education
[a] The Right to Alternative Education in Lieu of Expulsion
[b] Transfer to Alternative School Does Not Constitute a Deprivation of Constitutional Rights
[5] The Right to Substantive Due Process
[a] The Right to be Free from Unjustified Discipline and “Zero Tolerance”
[b] The Right to be Free from Excessive Physical Discipline
§ 4.07 The Right to Free Speech and Expression
[1] The Right to Engage in Political, Non-Disruptive Speech
[2] No Right to Urge Illegal Drug Use
[3] No Right to Wear a Certain Style of Apparel or Avoid School Uniforms
[4] The Right to Select Hair Style
[5] The Right to Body Pierce and Cross-Dress
[6] No Right to Engage in Vulgar or Lewd Speech
[7] The Right to Control Content in School Newspapers and Yearbooks
[8] The Right to Distribute Underground Newspapers and Engage in Other Forms of Off-Campus Speech
[9] No Right to Engage in Threatening Speech
[10] The Right to be Free from Retaliation
§ 4.08 The Right to Free Exercise of Religion
[1] The Right to Pray and Engage in On-Campus Religious Worship
[2] The Right to Waivers in the Curriculum
[3] The Right to Proselytize and Distribute Religious Literature in School
[4] The Right to Include Religious Beliefs in Classroom Assignments
[5] Right to Wear Religious Garb and Accommodation in Extracurricular Activities
§ 4.09 The Right to Privacy
[1] Student Rights to Confidentiality of School Records
[2] The Right to be Exempted from Certain Surveys and Evaluations
[3] The Right to be Free from Unreasonable Search and Seizure
[a] The Right to Individualized Suspicion
[b] The Right to be Free from Excessively Intrusive Searches
[4] The Right to Privacy in Other School Contexts
§ 4.10 Student Rights Under the Fifth Amendment
[1] No Right to Miranda Warnings in Disciplinary Interrogations
[2] No Right to Have Parents Present During School Interrogation
Chapter 5: Special Education and Services for Students with Disabilities
§ 5.01 Introduction
§ 5.02 Entitlement to Special Education
§ 5.03 Procedural Due Process
[1] Evaluation of Students with Disabilities
[2] Procedural Rights of Parents and Guardians
[3] Requirements for Developing Individualized Education Programs
[4] Procedures for Changing a Student’s Placement
§ 5.04 Appropriate Placement
[1] Definition of Appropriate Education
[2] Least Restrictive Environment Provisions
[3] Private and Residential School Placements
[4] Extended School Year Programs
§ 5.05 Related Services
§ 5.06 Discipline
§ 5.07 Resolution of Disputes Between Parents and School Districts
[1] Mediation and Resolution Sessions
[2] Administrative Due Process Hearings
[3] Court Action
[4] State Immunity
§ 5.07A Resolution Sessions Under the IDEA: Are They Mandatory?
[1] Mediation
[2] Resolution Session
[3] Spencer v. District of Columbia
[4] Conclusions and Recommendations
§ 5.08 Remedies for Failure to Provide Services
[1] Compensatory and Punitive Damages
[2] Reimbursement of Private School Tuition and Costs of Other Services
[3] Compensatory Educational Services
[4] Reimbursement of Attorney Fees and Costs
[5] Section 1983
§ 5.09 Anti-Discrimination Laws
[1] Section 504 of the Rehabilitation Act
[a] Students
[b] Parents
[2] Americans With Disabilities Act
Chapter 6: Tort Principles in Education
§ 6.01 Introduction
§ 6.02 Intentional Torts
[1] Assault and Battery Generally
[2] Battery
[3] Assault
[4] Corporal Punishment
[5] Sexual Assault
[6] False Imprisonment
[7] Invasion of Privacy
[8] Defamation
[9] Libel
[10] Slander
[11] Intentional Infliction of Emotional Distress
[12] Trespass to Chattels
§ 6.03 Negligence
[1] Duty of Care
[2] Attractive Nuisance
[3] Failure to Supervise or Negligent Supervision
[4] Proximate Cause, Causation
[5] State-Created Danger Claims
§ 6.04 Defenses, Privileges, and Immunities
[1] Immunity
[2] Governmental vs. Proprietary Function
[3] Holding Minors and/or Their Parents Liable for Tortious Conduct
[4] Statutes of Limitations
[5] Contributory/Comparative Negligence
[6] Assumption of Risk
§ 6.05 Constitutional Torts
§ 6.06 Conclusion
Chapter 7: Sports Law
§ 7.01 Introduction
§ 7.02 Students
[1] State Athletic Association Rules
[2] Player Eligibility Rules
[3] Recruiting Issues
[4] Home-Schooled and Nonpublic School Students
[5] Punishing Rule Violations
[a] Association Rules
[b] School Rules
[c] Team Rules
[6] Search and Seizure
[a] Search and Seizure Other than Drug Testing
[b] Drug Testing
[7] Discrimination
[a] Disability
[b] Gender
[8] Torts
[a] Intentional Torts
[i] Assault and Battery
[ii] Unlawful Restraint
[iii] Defamation
[b] Negligence in Athletic Events
[i] Participants
[ii] Spectators
[c] Governmental Immunity and Tort Claims
§ 7.03 Employees
[1] Employment Contract Disputes
[a] Coaches
[b] Physical Education Teachers
[2] Collective Bargaining Agreements
[a] Bargaining Unit Membership
[b] Hiring/Termination Decisions
[3] Discrimination
[a] Gender
[b] Disability
[c] Age
[4] Constitutional Claims
[a] Due Process
[b] Free Speech
[5] Other Issues
[a] Whistleblower Statutes
[b] Use of School Property
[c] Workers Compensation
§ 7.04 Outlook
Chapter 8: Public School Finance
§ 8.01 An Historical Review
§ 8.02 Federal Role in Public School Finance
[1] Federal Funds “Impact Aid” in Support of Public Education
§ 8.03 State Role in School Finance
§ 8.04 Local Boards of Education and Finance
§ 8.05 School Funds
[1] In General
[2] Characteristics, Creation, and Sources of Public School Revenue
[3] Types and Characteristics of Taxes
[a] Proportional
[b] Regressive
[c] Progressive
[d] Yield
[4] School Taxes
[a] In General
[b] Federal and State Income Tax
[c] Personal Income Tax
[d] Sales Tax
[e] Real Property Tax
[f] Lotteries
[g] User Fees
§ 8.06 Administration of School Finances
[1] Constitutional and Statutory Provisions
[2] Submission of Question to Popular Vote
[3] Collection and Enforcement of School Taxes
[4] Deposits, Investments, Administration, Apportionment and Disposition of School Funds
[5] Budgetary Procedures and Appropriations
[6] Bonds
§ 8.07 Apportionment
[1] Illegal Apportionment or Disposition
[2] Personal Liability for Taxes
[3] Abatement/Exemption
[4] Sale of Land
[5] Assessments and Special Taxes for Particular Purposes
[6] Taxpayers’ Suits and Other Remedies; Claims Against District
[7] Warrants, Orders, and Certificates of Indebtedness
[8] Public Schools in Conflict with Private Business
[9] Reduction in School Funds
§ 8.08 State Funding Methods
[1] In General
[2] Foundation
[3] Flat Grant
[4] Power Equalization
[5] Percentage Equalization
[6] Guaranteed Tax Base
[7] Weighted Students
§ 8.09 Regional/County Service Centers
§ 8.10 School District Property and Facilities
[1] Construction
[2] Use of Facilities
[3] Leasing
§ 8.11 Insurance
§ 8.12 School Activities Funds and Interscholastic Activities
§ 8.13 School-Based Management
§ 8.14 Twenty-First Century School Finance
[1] In General
[2] The Future of Education Finance Litigation
§ 8.15 Twenty-First Century School Finance
[1] In General
[2] The Future of Education Finance Litigation
§ 8.16 Hiring, Supervision and Evaluation of School Personnel
[1] Hiring, Supervision, and Evaluation
[2] Policy Development
[3] Human Resource Processes: Recruitment and Selection
[4] Methods of Supervision and Evaluation
[5] Purposes of Supervision and Evaluation
[6] Supervision and Evaluation Procedures
[7] Content and Constitutional Requirements
[8] Plans and Time for Improvement
[9] Employee Discipline
[10] Conclusion
Appendix A: Individuals with Disabilities Education Act
Appendix B: Compulsory Attendance Statutes
Appendix C: Collective Bargaining Statutes
Appendix D: Statutory Grounds for Dismissal of Teachers
Appendix E: Reduction in Force Statutes
Appendix F: Criminal Background Check Statutes for Public School Teachers
Appendix G: Teacher Certification/Licensure Statutes
Appendix H: Whistleblower Statutes for Public School Teachers
Appendix I: [Reserved]
Appendix J: Anti-Bullying Laws and Policies
Appendix K: Unemployment Compensation Statutes
Appendix L: Workers’ Compensation Statutes
Appendix M: Child Protection Statutes
Index
 
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