Education Law 2nd Edition

Author: Ralph M. Gerstein & Lois A. Gerstein ISBN 10: 1-933264-22-5 ISBN 13: 978-1-933264-22-6 Copyright Date Ed:  February 15, 2007 Pages: 515 pages Binding Information: Casebound Size: 8.5 ✕ 11 Inches (US) The legal relationship between student and school is a fragile one. Almost every area of law affects education institutions in some manner. The rights of students, parents, and school employees are governed by constitutional provisions and by federal, state and local statutes. Contract law, tort law, constitutional law, civil rights law, sports law and disability combine to form the basis of education law. For example, even the seemingly basic task of setting academic standards involves both contract law and the laws protecting individuals with disabilities. It may also include First Amendment issues since some professors and instructors have claimed that the right to determine grades falls under the First Amendment. Special education students of all levels, from the most severely disabled to the extraordinarily gifted, fall under a set of complex laws and regulations pertaining specifically to their education. These regulations cover everything from identification of special education students to providing services to administrative and litigation proceedings in special education cases. School choice considerations including out of district attendance, magnet, charter and private schools and home schooling have legal issues and regulations as well. Issues such as participation in team sports and other extracurricular school sponsored activities, administration of standardized tests, and part time public school attendance are all part of legislation and regulations pertaining to home schooled students. Zero-tolerance policies pertaining to drugs, alcohol and weapons and school policies on disciplinary action are also part of education law. Civil litigation involves diverse torts including accidents, sexual harassment and hazing. First Amendment speech issues, religion and separation of church and state, and civil rights and discrimination also affect students and educational employees. Education Law, Second Edition is your comprehensive road map through the complicated legal situations in today's rapidly changing educational environment. It is your essential guide to creating legal standards for your school district and enforcing legal rights in the classroom. You will be guided through the rights of teachers and other school employees, parents, and students through case studies of previous legal actions. The authors, Lois and Ralph Gerstein, analyze these legal issues from the points of view of students, parents, and school personnel, providing a well-rounded explanation of how local, state, and federal laws are interpreted in numerous and diverse education-related cases. Update to the Individuals with Disabilities Improvement Act of 2004 This book is also available as an eBook. Click here to purchase and download: Topics include: Admissions, enrollment and school choice Academic issues involving students Special education Student conduct Disciplinary actions and procedures Zero tolerance policies Search and seizure and Fourth Amendment rights School violence First Amendment rights in the educational setting Religion in schools Civil rights and discrimination Students' records Torts and tort liability Home schooling School athletics and extra curricular activities Personnel issues Table of Contents 1. Admissions, Enrollment, and School Choice 1.1 Residence and Domicile 1.2 School Choice and Accountability: No Child Left Behind Act 1.3 Admissions: Affirmative Action or Reverse Discrimination? 1.4 Recent Developments Regarding Race-Based Admissions or Enrollment 2. Academic Issues Involving Students 2.1 The Nature of the Legal Relationship between Student and School 2.2 Lawsuits for Breach of Contract 2.3 Lawsuits Alleging Misrepresentation, Fraud or Breach of Fiduciary Duty 2.4 Grades and Academic Standing 2.5 Claims of Educational Malpractice and Negligence Arising out of Academic Activities 2.6 Legal Rights of Students Taking Standardized Tests 2.7 School and College Tuition 2.8 The Obligation of School to Continue Program in Which Student is Enrolled 2.9 Mandatory Community Service as a Requirement for Graduation 3. Road Map to Federal and State Laws Protecting Students with Disabilities 3.1 Overview of Statutes Protecting the Rights of Students With Disabilities 3.2 The Americans with Disabilities Act (ADA) 3.3 The Rehabilitation Act of 1973- 29 United States Code Sec. 794-known as "Section504" 3.4 Disabled Students and School Athletics 3.5 Remedies and Litigation Under the ADA and Section 504 3.6 Individuals With Disabilities Education Improvement Act ("IDEIA") 4. Special Education Services 4.1 Overview of the Law Governing Special Education 4.2 Evaluation of Students 4.3 Procedures for Determination of Eligibility for Special Education Services 4.4 Decision Making Regarding Eligibility for Special Education Services 4.5 The Individual Education Program ("IEP") 4.6 Independent Educational Evaluations (IEE) 4.7 What It Means For A Student To Be "Classified" 4.8 Services For Students Who Are Not Classified- "504 Plans" 4.9 Gifted Students and Special Education 4.10 Pre-School Children 4.11 Mobile Families-—Moving To New State Or District 4.12 Procedural Safeguards 4.13 Electronic and Telephone Communications 5. Implementation of Services for Students with Disabilities 5.1 Overview 5.2 Right to Free and Appropriate Public Education (FAPE) 5.3 Right to Least Restrictive Alternative in Student Placements 5.4 In-School and Out-of-School Services. 5.5 Services for Students Having Particular Types of Disabilities 5.6 Students Reaching the Age of Majority 6. Administrative Proceedings and Litigation in Special Education Cases 6.1 Overview 6.2 Mediation 6.3 Complaint Resolution Procedure 6.4 Administrative Proceedings 6.5 Court Actions and Proceedings 6.6 "Stay put" Provision-Continuance of Current Placement Pending Administrative Hearing 6.7 Right of Parent to Represent Child in Special Education Proceedings and Litigation. 6.8 Remedies 6.9 Expert Witness Fees 7. Regulation of Student Conduct 7.1 Academic Dishonesty 7.2 Dress Codes 7.3 Hair Length 7.4 Earrings 7.5 Regulations Aimed at Gang Activity 7.6 Fraternities and Hazing 7.7 Regulation of Conduct Occurring Off-Campus 8. Disciplinary Sanctions Against Students 8.1 Overview 8.2 Denial of Bus Transportation 8.3 Corporal Punishment 8.4 Transfers to Alternative Schools 8.5 Exclusion from Vocational Programs 8.6 Exclusion from Extracurricular Activities 8.7 Exclusion from Graduation Ceremonies 8.8 Probation 8.9 Suspensions for Brief Periods 8.10 Withholding or Revocation of Degree or Diploma 9. Disciplinary Procedures 9.1 Public Schools and Colleges: Due Process 9.2 Private and Religious Institutions 9.3 Notice of Charges 9.4 Pre-Hearing Suspensions 9.5 Applications to the Court for Injunctive Relief 9.6 Impartial Decision Making 9.7 Confrontation and Cross-Examination of Witnesses 9.8 Right to Counsel or Other Representative 9.9 Disciplinary Procedures Distinguished from Criminal Cases 9.10 Evidence and Standards of Proof 9.11 Conduct of the Hearing and the Decision-making Process 9.12 Disciplinary Procedures for Disabled Students 9.13 Drafting a Fair Disciplinary Code 10. Drugs, Weapons, and Zero Tolerance Policies 10.1 Overview 10.2 Federal and State Legislation 10.3 School Discipline in Cases Involving Weapons or Drugs 10.4 The Dangers Posed by Inflexibly Applied Zero Tolerance Policies 199 10.5 Common Sense Policies As Alternatives to Zero Tolerance 201 11. Fourth Amendment–Search and Seizure 11.1 Overview 11.2 Search Based Upon Reasonable Suspicion of Unlawful Activity or Violation of School Rules 11.3 Searches of Persons and Property 11.4 Searches of Students’ Lockers 11.5 Drug Sniffing Dogs 11.6 Metal Detectors 11.7 Searches of Students’ Automobiles 11.8 Medical and Drug Testing 11.9 Legal Standards for Searches by Law Enforcement Officials 11.10 State Statutes Governing Searches 12. Controlling School Violence 12.1 Overview 12.2 Legal and Disciplinary Sanctions against Students Who Make Threats 12.3 Legislative and School Policies Regarding Bullying 12.4 Liability Based on Lack of Supervision 12.5 The Duty to Warn a Potential Victim of Threat of Harm 12.6 Assumption of a Specific Duty To Protect Students 12.7 The Duty to Protect Students from Attacks by Other Students 12.8 The Duty to Protect Students From Criminal Acts by Third Parties 12.9 The Duty of School District to Protect School Personnel from Assaults 12.10 The Duty of Colleges and Universities to Protect Students From Violent Acts 13. First Amendment Speech Issues 13.1 Overview 13.2 Teachers, School Personnel, and Outside Guest Speakers 13.3 Students 13.4 School Libraries 13.5 Right of Access to School Publications and Facilities 13.6 Speech Perceived as Offensive to Persons of Particular Race, Ethnicity, or Sex 13.7 School Board Meetings 13.8 Other Issues 14. Religion and The Schools 14.1 Overview 14.2 Prayer, Bible Reading or Moment of Silence During School Day 14.3 Prayer at School Sponsored and School Affiliated Activities—Athletic Events and Graduation Ceremonies, and School Board Meetings 14.4 Time Off for Religious Holiday or Religious Instruction 14.5 Limits Upon Religious Activity of Teachers 14.6 Limits Upon Religious Activity of Students 14.7 Clergy or Outside Religious Groups Present During School Day 14.8 Use of School Facilities to Publicize Activities or Distribute Religious Literature 14.9 Right of Religious Group to Meet on School Premises After School Hours 14.10 Use of University Funds by Student Religious Groups 14.11 Teaching of Evolution 14.12 Religious Beliefs as Grounds for Objections to Curriculum 14.13 Secular Curriculum—Incidental Mention of Religion 14.14 Religious Objections to School Health Measures 14.15 Display of Ten Commandments or Religious Objects 14.16 Government Funding of Services for Private and Parochial School Students 14.17 Impact of the "No Child Left Behind Act" 14.18 Pledge of Allegiance—Use of Words "Under God" 14.19 Employment Law Pertaining to Religious Schools 14.20 Other 15. Civil Rights and Discrimination Issues 15.1 A Road Map to Civil Rights Laws Affecting Students 15.2 Discrimination Based on Race or National Origin 15.3 Title IX-Rights of Male and Female Students, and Faculty Members 15.4 Gay and Lesbian Students 15.5 Federal Civil Rights Claims Against State or Local Official Who Violate Students’ Rights: 42 U.S. Code §§1981 and 1983 15.6 Proving a Case of Discrimination Based on Sex, Race or National Origin 15.7 Legality of Single Sex Schools 16. Student Records 16.1 Federal Educational Rights and Privacy Act (FERPA)—Overview 16.2 Records Covered and Records Excluded from Coverage 16.3 Access to Educational Records by Students and Parents [and other Interested Parties] 16.4 Release of Educational Records 16.5 Rights of Pupils 16.6 Amending the Educational Record 16.7 Limited Remedies Available Under FERPA 17. Civil Wrongs (Torts) 17.1 Overview of the Law of Torts 17.2 Defamation 17.3 False Imprisonment, Malicious Prosecution and Claims of Excessive Force 17.4 Negligence 17.5 Physical or Sexual Abuse of Student by Teacher or Other Staff Member 17.6 Intentional Destruction of School Property by a Student 17.7 Negligent or Intentional Infliction of Emotional Distress 17.8 Defense of Governmental Immunity 17.9 Fraternities, Hazing and Alcohol-Related Incidents 17.10 Dangerous Activities Involving Students 17.11 Student Suicides 17.12 Student Medical Issues and Tort Liability 17.13 Other Issues 18. Attendance and Home Schooling 18.1 An Overview of Compulsory Attendance and Home Schooling 18.2 The Growth and Development of the Home-Schooling Movement. 18.3 State Regulation of Home Schooling 18.4 The Right to Attend School on a Part-Time Basis 18.5 The Right of Home-Schooled Students to Participate in Extracurricular Activities or Team Sports 18.6 State-by-State Guide to Attendance and Home Schooling 19. School Athletics and Cheerleading 19.1 Overview 19.2 Assumption of Risk: In General 19.3 Assumption of Risk: Specific Applications 19.4 Assumption of Risk: Limitations 19.5 Claims of Improper Coaching, Equipment and Facilities 19.6 Cheerleaders 19.7 Violence in Athletics: School and College Liability 19.8 Medical Issues 19.9 Liability to Spectators 19.10 Validity of Releases 20. Selected School and College Personnel Issues 20.1 Overview 20.2 Equal Pay Act of 1963 20.3 Drug Testing of School Personnel 20.4 Granting and Denial of Tenure 20.5 The Limits of Tenure Protection 20.6 Right of Dismissed Non-Tenured Personnel to Name-Clearing Hearings 20.7 The Employment of Related Persons in School District (Nepotism) 20.8 Grounds for Discharge of School