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 knowledge in school law.
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 knowledge in school law.
Robert H. Palestini is Dean of Graduate and Continuing Studies at Saint Joseph's University in Philadelphia. He has spent almost 40 years in basic and higher education. He has been a high school biology and general science teacher, a principal, assistant superintendent, and superintendent of schools. He is the author of four books on various topics in educational administration. Karen Palestini Falk, Dr. Palestini's daughter, is a graduate of Villanova Law School and is a practicing attorney in a large law firm with offices in Philadelphia, Pittsburgh, and Princeton, New Jersey. Her specialties include school law and health care law. She has taught School Law, Health Care Law, and Health Care Ethics in the graduate school at Saint Joseph's University.
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Prefacevii 1Introduction 1 I.Sources of Law 1 II.The American Judicial System 6 2The 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 Liability14 IV.Duties of Supervision and Negligence Law 16 V.Parental Consent 17 VI.Contract Law 18 VII.Sexual Harassment 18Davis v. Monroe County Board of Education20 VIII. Privacy and School Records 20 IX.Malpractice 23 X.Insurance 23 3Schools 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 Facilities32 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 4Students 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 54Board of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley55 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 5Teachers and the Law 69 I.Contract Non-renewal and Dismissal 69 Board of Regents of State Colleges v. Roth 69 II.Freedom of Expression70 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 75Gaylord v. Tacoma Sch. Dist. No. 1076 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 6School Desegregation 88 I.Historical Perspective 88Plessy v. Ferguson88 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 7School 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 Author111
Prefacevii 1Introduction 1 I.Sources of Law 1 II.The American Judicial System 6 2The 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 Liability14 IV.Duties of Supervision and Negligence Law 16 V.Parental Consent 17 VI.Contract Law 18 VII.Sexual Harassment 18Davis v. Monroe County Board of Education20 VIII. Privacy and School Records 20 IX.Malpractice 23 X.Insurance 23 3Schools 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 Facilities32 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 4Students 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 54Board of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley55 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 5Teachers and the Law 69 I.Contract Non-renewal and Dismissal 69 Board of Regents of State Colleges v. Roth 69 II.Freedom of Expression70 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 75Gaylord v. Tacoma Sch. Dist. No. 1076 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 6School Desegregation 88 I.Historical Perspective 88Plessy v. Ferguson88 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 7School 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 Author111
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