Education Law / Edition 6

by J.C. Blokhuis, Jonathan Feldman, Michael Imber, Tyll van Geel

Overview

Education Law, Sixth Edition provides a comprehensive survey of the legal problems and issues confronting school leaders, teachers, and policymakers today. Court cases accompanied by explanation and analysis can help aspiring educators understand the subtlety and richness of the law. Accordingly, each of the 12 thematic chapters begins with an overview, concludes with a summary, and balances an explanation of the important principles of education law with actual court decisions to illuminate those issues most relevant for educational policy and practice.

This updated and expanded Sixth Edition includes:

• Revision of case law, education policy, and citations to reflect the most recent decisions and developments in the field.
• Cases and commentary on key topics such as constitutional rights of students in public schools, school discipline, safety, and zero tolerance policies, school choice and parental rights claims, the regulation of charter schools and home-based education, cyberbullying and the regulation of online speech, racial and sexual harassment policies, and collective bargaining, unions, and working conditions.
• eResources accessible at www.routledge.com/9780367195250 include a Glossary for students, Chapter Outlines and Abstracts for instructors, as well as Tables of Cases.

Product Details

ISBN-13:	9780367195250
Publisher:	Taylor & Francis
Publication date:	07/27/2020
Edition description:	6th ed.
Pages:	630
Sales rank:	512,430
Product dimensions:	7.00(w) x 10.00(h) x (d)

About the Author

J.C. Blokhuis is Associate Professor of Social Development Studies at the University of Waterloo and a former Kluge Fellow at the Library of Congress, USA.

Jonathan Feldman is a Lecturer of Law at Cornell Law School, USA.

Michael Imber is Professor Emeritus of Educational Leadership and Policy Studies at the University of Kansas, USA.

Tyll van Geel is Earl B. Taylor Professor Emeritus at the University of Rochester, USA.

Table of Contents

Preface xiii

About the Authors xv

1 Understanding Education Law 1

Sources of Law 1

The Courts and Education Law 6

Federal and State Judicial Systems 7

Elements of a Judicial Opinion 9

Case Briefs 11

Legal Citations 12

Summary 14

2 Compulsory Schooling and School Choice 15

Compulsory Schooling Laws: An Overview 15

State v. Bailey [1901] 17

School Choice 19

Pierce v. Society of Sisters [1925] 19

Exemptions from Compulsory Schooling Laws 22

Wisconsin v. Yoder [1972] 22

Eligibility Criteria for Enrollment in Public Schools 30

The Regulation of Private Schools and Home-Based Education 35

Meyer v. Nebraska [1923] 36

Federal Regulation of Private Schools 40

State Regulation of Home-Based Education 43

Reporting Requirements 44

Curricular Requirements 44

Teacher Qualifications 45

State Assessments 45

Access to Public Schools 46

State Aid for Online Charter Schools 46

Slippery Rock Area School District v. Pennsylvania Cyber Charter School [2011] 47

State Aid for Private Schools 50

Voucher Programs 54

Summary 55

3 Regulating the Public School Curriculum 57

Authority to Regulate the Public School Curriculum 57

Constitutional Objections to Religious Observances in Public Schools 61

School District of Abington Township v. Schempp [1963] 61

Lee v. Weisman [1992] 65

Freedom from Religion Foundation v. Hanover School District [2010] 69

Freedom from Religion Foundation v. Chino Valley Unified School District Board of Education [2018] 73

Deal v. Mercer County Board of Education [2019] 80

Wood v. Arnold [2019] 83

Moss v. Spartanburg County School District Seven [2012] 86

The Establishment Clause and the Curriculum 90

The Free Exercise Clause and the Curriculum 93

Parker v. Hurley [2008] 94

West Virginia State Board of Education v. Barnette [1943] 99

Marcus v. Rowley and San Diego Unified School District [1983] 106

Summary 111

4 The First Amendment Rights of Students 113

Freedom of Speech: An Overview 114

Independent Student Speech 118

Tinker v. Des Moines Independent School District [1969] 118

School-Sponsored Student Speech 122

Hazelwood School District v. Kuhlmeier [1988] 123

Categories of Unprotected Speech 127

Bethel School District v. Eraser [1986] 129

Morse v. Frederick [2007] 133

Further Regulatory Considerations 137

Problematic Varieties of Independent Student Speech 140

Taylor v. Roswell Independent School District [2013] 143

Kowalski v. Berkeley County Schools [2012] 151

Student Speech Targeting School Officials 155

J.S. v. Blue Mountain School District [2012] 157

Freedom of Association and Use of School Facilities 162

Summary 167

5 The Fourth Amendment Rights of Students 169

The Fourth Amendment: An Overview 170

Searches by Public School Officials 172

New Jersey v. T.L.O. [1985] 173

Vernonia School District 475 v. Acton [1995] 180

Board of Education v. Earls [2002] 183

Burlison v. Springfield Public Schools [2013] 188

Safford Unified School District #1 v. Redding [2009] 192

Brannum v. Overton County School Board [2008] 196

Seizures by Public School Officials 201

G.C. v. Owensboro Public Schools [2013] 203

School Resource Officers 207

A.M. ex rel. F.M. v. Holmes [2017] 207

Unreasonable or Excessive Force 212

P.B. v. Koch [1996] 212

Doe v. State of Hawaii Department of Education [2003] 215

Muscette v. Gionfriddo [2018] 217

Summary 220

6 The Due Process Rights of Students 222

Natural Justice: An Overview 222

Kenny v. Wilson [2018] 223

Fuller v. Decatur Public School Board [2001] 228

Due Process: An Overview 230

The Fifth Amendment: An Overview 231

In re Gault [1967] 233

The Fourteenth Amendment: An Overview 237

Goss v. Lopez [1975] 238

Borovac v. Churchill County School District [2015] 243

Wynar v. Douglas County School District [2013] 246

The Imposition of Punishment 249

L.R. v. School District of Philadelphia [2016] 251

Gohl v. Livonia Public School District [2017] 256

Zero Tolerance Policies 260

Seal v. Morgan [2000] 263

Academic Penalties 272

Parental Rights Claims 272

The Equal Protection Clause 274

Summary 274

7 The Equal Protection Rights of Students 275

The Equal Protection Clause and Race-Based Discrimination 275

Brown v. Board of Education (Brown I) [1954] 280

Brown v. Board of Education (Brown II) [1955] 286

Fennell v. Marion Independent School District [2015] 293

Parents Involved in Community Schools v. Seattle School District No. 1 [2007] 299

Federal Anti-Discrimination Statutes 309

Summary 324

8 Students with Disabilities 326

The Education of Students with Disabilities: A History 326

The Rehabilitation Act and The Americans with Disabilities Act 327

CTL v. Ashland School District [2014] 331

The Individuals with Disabilities Education Act 338

Endrew F. v. Douglas County School District [2017] 343

Fry v. Napoleon Community Schools [2017] 348

P. ex rel. Mr. and Mrs. P. v. Newington Board of Education [2008] 356

The Every Student Succeeds Act and Students with Disabilities 367

Summary 368

9 Public School Funding 369

School Funding: A Legal Perspective 369

The Constitution and School Funding 372

San Antonio Independent School District v. Rodriguez [1973] 374

State Constitutions and School Finance 380

Serrano v. Priest (Serrano I) [1971] 383

Abbott v. Burke [1990] 387

Local School Board Authority to Raise and Spend Money 395

Summary 399

10 The Rights of Public School Employees 400

Political Activity and Non-Curricular Speech 400

Garcetti v. Ceballos [2006] 403

Pickering v. Board of Education [1968] 408

Academic Freedom and Curricular Speech 414

Evans-Marshall v. Board of Education of the Tipp City Exempted Village School District [2010] 414

Investigation, Surveillance, and Searches of School Employees 422

Race, Ethnicity, Gender and Identity, Sexual Orientation and Identity 426

Wygant v, Jackson Board of Education [1986] 431

Religious Expression 442

Disability 445

Age 449

Summary 450

11 Teacher Employment 452

Eligibility for Employment 452

Hiring Practices 454

Probation, Evaluation, and Tenure 456

Dismissal for Cause 458

Lehto v. Board of Education [2008] 466

Rules of Evidence and Procedural Due Process 470

Cleveland Board of Education v. Loudermill [1985] 473

Reduction in Force 478

Leaves of Absence 479

Workers' Compensation 480

Collective Bargaining 483

Voices For International Business & Education v. NLRB [2018] 484

Work Stoppages 489

Rights of Union and Non-Union Members 490

Janus v. AFSCME, Council 31 [2018] 492

The Scope of Collective Bargaining 502

Summary 509

12 Torts 511

Intentional Torts 512

Peters v. Rome City School District [2002] 514

Costello v. Mitchell Public School District 79 [2001] 515

Common Law and Statutory Privileges 517

Defamation 521

Levesque v. Doocy [2009] 524

Intentional Interference with Prospective Contractual Relations 529

Afrika v. Khepera Charter School [2017] 530

Invasion of Privacy 532

Negligence 535

Affirmative Defenses 539

C.H. v. Rahway Board of Education [2018] 541

Munn v. The Hotchkiss School [2018] 544

Respondeat Superior 551

C.A. v. William S. Hart Union High School District [2012] 552

Liability for Dangerous Buildings and Grounds 556

Ferolito v. Plainview-Old Bethpage Central School District [2009] 559

Educational Malpractice 560

Vogel v. Maimonutes Academy of Western Connecticut, Inc. [2000] 561

Immunities 562

State v. Pickens [2015] 564

Summary 568

Table of Cases 569

Index 607