This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last several decades, have played an increasingly significant role in defining school policy. Decisions in such areas as school desegregation, prayer, public school financing, student rights, collective bargaining, students with disabilities, sexual harassment and other personnel issues attest to the extent and importance of judicial influence. It is important, therefore, that teachers and administrators have a least a rudimentary knowledge and understanding of school law and how it affect their day-to-day classroom activities. There is a sizable body of school law with which educators should be familiar if they wish to conduct themselves in a legally acceptable manner. Those educators who "fly by the seat of their pants" may be in difficulty if sufficient thought is not given to the legal implications of their decisions and conduct.
This text provides introductory material for those educators interested in K-12 educational issues, and who have little or no background or knowledge in school law. This book takes a case brief approach to the study of school law. Case briefs are the means by which students of the law summarize cases to facilitate learning and analysis. This book's purpose is to provide those who are involved and interested in education with a rudimentary knowledge base for making educationally sound decisions within the legal framework of our nation. Having such knowledge may preclude, or at least minimize, an educator's exposure to liability. On the other hand, this book is not intended to scare educators into inaction. Many of the most effective learning activities carry with them a certain degree of risk. Field trips and laboratory experiments come immediately to mind. The knowledge obtained from this book is not intended to end the taking of field trips and the conducting of laboratory experiments. It is intended to be a guide to conducting these valuable activities in a responsible manner that will minimize the educator's exposure to liability.
Robert H. Palestini has held positions at all levels of education for almost 50 years. He has been a teacher, principal, superintendent of schools, college professor, and college dean. He is currently dean emeritus, associate professor and founding executive director of the Educational Leadership Institute and Center for Catholic Urban Education Saint Joseph's University in Philadelphia, Pennsylvania. Karen Palestini, Esquire is Robert Palestini's daughter and is a partner in the Saul Ewing law firm in Philadelphia. She has been an adjunct professor at Saint Joseph's University and Seton Hall University.
Preface vii 1 Introduction 1 I. Sources of Law 1 II. The American Judicial System 6 2 The Educator and Liability 9 I. School District Immunity 9 Wood v. Strickland 11 Carey v. Piphus 12 Franklin v. Gwinett Cy. Pub. Schools 12 II. The Law and Nonpublic Schools 13 III. Educator Liability 14 IV. Duties of Supervision and Negligence Law 16 V. Parental Consent 17 VI. Contract Law 18 VII. Sexual Harassment 18 Davis v. Monroe County Board of Education 20 VIII. Privacy and School Records 20 IX. Malpractice 23 X. Insurance 23 3 Schools and the State 24 I. Compulsory Attendance 24 Pierce v. Society of Sisters of Holy Names 24 II. Religion in Schools 26 Engel v. Vitale 27 School District of Abington v. Schempp, Murray v. Curlett 27 Lee v. Weisman 29 Edwards v. Aguillard 30 III. Use of Facilities 32 Lamb's Chapel v. Center Moriches Union Free Sch. Dist. 32 IV.Aid to Nonpublic Schools 33 V. School Fees 34 Hartzell v. Connell 34 VI.Health Services 36 Berg v. Glen Cove School District 37 4 Students and the Law 38 I. Freedom of Expression 38 Tinker v. Des Moines Indep. Community Sch. Dist. 38 Bethel Sch. Dist. v. Fraser 40 Hazelwood Sch. Dist. v. Kuhlmeier 40 Sherman v. Community Sch. Dist. 21 42 II. Suspension, Expulsion & Disciplinary Transfer 42 Goss v. Lopez 43 Gonzalez v. McEuen 43 Allen v. Casper 44 III. Corporal Punishment 45 Ingraham v. Wright 46 IV. Search of Student & Lockers 47 New Jersey v. T.L.O. 47 Bellnier v. Lund 48 Vernonia Sch. Dist. v. Acton 49 Trinidad Sch. Dist. No. 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. of Educ. 53 VI. Pregnancy, Parenthood & Marriage 53 VII. Education of Individuals with Disabilities 54 Board of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley 55 Florence County Sch. Dist. v. Carter 60 Thomas v. Atascadero Unified Sch. Dist. 61 VIII. Participation in Extracurricular Activities 63 Palmer v. Merluzzi 63 Beeson v. Kiowa County Sch. Dist. 64 Grube v. Bethlehem Area Sch. Dist. 66 IX. Disciplinary Action for Out-of-School Offenses 67 5 Teachers and the Law 69 I. Contract Non-renewal and Dismissal 69 Board of Regents of State Colleges v. Roth 69 II. Freedom of Expression 70 Pickering v. Bd. of Educ. of Township High Sch. 71 Mt. Healthy City Bd. of Educ. v. Doyle 72 III. Academic Freedom 73 Fowler v. Bd. of Educ. of Lincoln County 73 Wilson v. Chancellor 74 IV. Drug Testing 74 V. Dress 75 East Hartford Educ. Assoc. v. Bd. of Educ. of East Hartford 75 VI. Teacher as Role Model or Exemplar 75 Gaylord v. Tacoma Sch. Dist. No. 10 76 Erb v. Iowa State Bd. of Pub. Instruction 78 Mc Broom v. Bd. of Educ., Dist. No. 205 78 Barcheski v. Bd. of Educ. of Grand Rapids Pub. Sch. 79 Gebser v. Logo Vista Indep. Sch. Dist. 80 VII. Employment Discrimination 81 Marshall v. Kirkland 82 Eckmann v. Bd. of Educ. of Hawthorn Sch. Dist. No. 17 83 Geller v. Markham 85 VIII. Teacher Bargaining 86 Lehnert v. Ferris Faculty Ass'n 86 IX. Political Activities 87 6 School Desegregation 88 I. Historical Perspective 88 Plessy v. Ferguson 88 Brown v. Bd. of Educ. of Topeka 89 II. Desegregation in the South 90 Green v. County Sch. Bd. of New Kent County 91 Swann v. Charlotte-Mecklenburg Bd. of Educ. 92 III. Desegregation in Non-Southern States 93 Milliken v. Bradley 93 Columbus Bd. of Educ. v. Penick 94 Board of Educ. of Oklahoma City v. Dowell 95 Freeman v. Pitts 96 Missouri v. Jenkins 97 IV. Epilogue 98 7 School Finance Issues 99 I. School Finance Reform 99 San Antonio Indep. Sch. Dist. v. Rodriguez 100 Rose v. Council For Better Educ. Inc. 102 II. Educational Choice 103 Jackson v. Benson 104 Index 109 About the Author 111