American Public School Law

1180 Pages·2011·13.87 MB·English

by  Kern Alexander

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American Public School Law
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American Public School Law
EIGHTH EDITION
Kern Alexander
Professor
University of Illinois, Urbana-Champaign
M. David Alexander
Professor
Virginia Tech, Blacksburg
Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States
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American Public School Law, © 2012, 2009, 2005 Wadsworth, Cengage Learning
Eighth Edition
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Kern Alexander and M. David Alexander
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contents in brief
Table of Cases xv Chapter 13 Defamation and
Student Records 683
Preface xxxvii
Chapter 14 School District
Chapter 1 The Legal System 1
Liability 721
Chapter 2 Historical and Legal
Chapter 15 Certification,
Perspective of Public Schools 27
Contracts, and Tenure 761
Chapter 3 Role of the Federal
Chapter 16 Teacher Rights and
Government 76
Freedoms 808
Chapter 4 Governance of Public
Chapter 17 Due Process Rights of
Schools 118
Teachers 865
Chapter 5 Church and State 176
Chapter 18 Discrimination in
Employment 899
Chapter 6 School
Attendance 283
Chapter 19 Collective
Bargaining 966
Chapter 7 The Instructional
Program 337
Chapter 20 Desegregation of
Public Schools 1001
Chapter 8 Student Speech and
Expression 406
Chapter 21 School Finance 1047
Chapter 9 Search and
Chapter 22 School Property and
Seizure 460
Buildings 1090
Chapter 10 Student Rights:
Common Law, Constitutional
Due Process, and Statutory
Appendix A Selected Constitutional
Protections 496
Provisions 1112
Chapter 11 Rights of Students Appendix B Information Helpful in Legal
with Disabilities 560 Research 1116
Chapter 12 Tort Liability 631 Index 1119
v
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contents
Table of Cases xv Chapter 2 Historical and Legal
Perspective of Public Schools 27
Preface xxxvii
America’s First School Laws 28
The Puritan Influence 28
Chapter 1 The Legal System 1
A System of Education 29
The Nature of Public School Law 2 Preamble to a Bill for the More General Diffusion of
Knowledge (1779) 31
Sources of Law 2
Constitutions 3 McDuffy v. Secretary of the Executive Office of
Statutes 3 Education 31
Judicial Decisions (Case Law) 4 Education and Natural Law 32
Administrative Law 5 The Struggle for Public Schools 33
Political Neutrality and the Courts 5 Defining the Public Schools 34
Powers and Functions of Courts 7 Education, the Balance-Wheel of Social Machinery,
Applying Principles 7 Horace Mann’s Twelfth Report (1848) 35
Interpreting Statutes 8
Education Provisions of State Constitutions 36
Determining Constitutionality 8
Education Provisions as Limitations on
The Purpose of Law 9
Legislatures 37
An Invitation to Jurisprudence, Harry W. Jones 9
Rose v. Council for Better Education, Inc. 38
Stare Decisis 9
John Ellis “Jeb” Bush v. Holmes 42
Nature and Authority of Judicial Precedents, Henry
Education as a Fundamental Right under State
Campbell Black 10
Constitutions 45
Rule of Law 10
Claremont School District v. Governor 47
How to Read a Case 11
Judicial Approval of Common Schools 49
Case or Controversy 12
Commonwealth v. Hartman 50
The American Court System 12
Expansion of Public Schools 52
State Courts 13
Charter Schools 53
Federal Courts 14
Wilson v. State Board of Education 56
Vertical Judicial Federalism: The Legal Context 16
Tuition and Fees in Public Schools 63
Process of Going to Court 17
Beginning the Action 18 Randolph County Board of Education v. Adams 64
Pleading 19 Hartzell v. Connell 66
Discovery 19
Disposition without Trial 19
Chapter 3 Role of the Federal
Trial 20
Government 76
Judgment and Remedy 20
Appeal 21
The Land Ordinances 77
Finding the Law 21
Citations 21 Indirect Federal Role 78
Sources of Legal Material 23 Sources of the Federal Role 80
vii
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viii
Contents
Structural Provisions in the Constitution 81 Grabow v. Montana High School Association 148
Tenth Amendment and State Sovereignty 82 School Officers 150
General Welfare and Education 83
Smith v. Dorsey 151
Arlington Central School District Board of Education v.
School Elections 154
Murphy 88
Hadley v. Junior College District of Metropolitan
Commerce Clause and Education 90
Kansas City, Mo. 155
United States v. Lopez 92
School Board Meetings 158
Supremacy Clause 94
Aldridge v. School District of North Platte 158
Shepheard v. Godwin 96
Open Meetings and Public Records Laws 161
Obligation of Contracts 98
Open Meetings 162
Eleventh Amendment Immunity 99
Rhode Island Affiliate, American Civil Liberties Union,
Rights Provisions in the Constitution 101
Inc. v. Bernasconi 163
Bill of Rights and Absorption by the Fourteenth
Public Records 165
Amendment 102
First Amendment 104 Zager v. Chester Community Charter School 166
Fourth Amendment 104 Hovet v. Hebron Public School District 168
Fifth Amendment 104
Eighth Amendment 105
Ninth Amendment 105 Chapter 5 Church and State 176
Fourteenth Amendment 106
Fundamental Rights and Education 107 Background 177
Liberty Rights 107 Wall of Separation 178
Dignity Rights 107
Colonial Establishments 179
San Antonio Independent School District v. The Three Choices 180
Rodriguez 109
Separation Implemented 180
Education as a Unique Governmental
An Act for Establishing Religious Freedom, Thomas
Function 113
Jefferson 181
Memorial and Remonstrance Against Religious
Chapter 4 Governance of Public Assessments, James Madison 182
Schools 118 Church Opposition to Schools of the Republic 183
The Public School and Religion 185
Public Reason and the State 119 Public Taxation to Support Religious Schools 187
Education as a State Function 119 Everson v. Board of Education 187
Limits of State Control 122 Board of Education of Central School District No. 1 v.
State ex rel. Clark v. Haworth 122 Allen 190
State and Local Educational Agencies 125 The Establishment Clause and the Lemon
McGilvra v. Seattle School District No. 1 126 Test 192
The Lemon Test 193
Johnson v. Burmaster 127
Lemon v. Kurtzman 193
Local Control 130
The Wall Begins to Crumble 197
Owens v. Colorado Congress of Parents, Teachers and
Mueller v. Allen 199
Students 131
The Marginalizing of Lemon 201
Functions of Education Agencies 133
The New Establishment Clause
Delegation of Legislative Powers 133
Jurisprudence 202
In the Petition to Transfer Territory from High School
Agostini v. Felton 204
District No. 6, Lame Deer, Rosebud County,
Mitchell v. Helms 207
Montana, to High School District No. 1, Hardin,
Big Horn County v. Lame Deer High School Religion and the Reconstruction Era: Grant and
District 135 Blaine 211
Administrative or Executive Functions 138 The Founders’ Intent Regarding Separation 214
Quasi-Judicial Functions 139 New Theories of Church and State 216
Hortonville Joint School District No. 1 v. Hortonville Separation 216
Education Association 140 Nonpreferential Subsidization 217
Judicial Review of School Board Actions 142 Subsidization and Collaboration 218
Sioux City Community School District v. Iowa Vouchers 218
Department of Education 144 Zelman v. Simmons-Harris 220
Authority of Interscholastic Organizations 146 Independent Vitality of State Constitutions 223
Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
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