| Preface |
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ix | |
| 1 Understanding Education Law |
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1 | (12) |
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1 | (3) |
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1.2 The Courts and Education Law |
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4 | (4) |
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1.3 Elements of a Judicial Opinion |
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8 | (2) |
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10 | (2) |
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12 | (1) |
| 2 Compulsory Schooling |
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13 | (24) |
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2.1 Compulsory Schooling Laws: An Overview |
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13 | (3) |
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2.2 Exemptions from Compulsory Schooling |
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16 | (4) |
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2.3 Admission Requirements |
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20 | (2) |
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2.4 Government Regulation of Private Schools |
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22 | (5) |
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2.5 Government Regulation of Home-Based Education and Cyber Schools |
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27 | (2) |
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2.6 Government Assistance to Private Schools |
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29 | (4) |
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2.7 Voucher Programs and the Establishment Clause |
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33 | (2) |
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35 | (2) |
| 3 Curriculum |
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37 | (29) |
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3.1 Authority to Control the Public School Curriculum |
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38 | (2) |
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3.2 Objections to Religious Observances in Public Schools |
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40 | (7) |
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3.3 Religious and Moral Objections to Course Content |
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47 | (6) |
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3.4 Free Speech and Related Objections to School Programs and Policies |
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53 | (4) |
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3.5 Objections to Discriminatory Material |
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57 | (1) |
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3.6 Federal Restrictions on School Programs |
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58 | (5) |
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63 | (3) |
| 4 Student Freedom of Expression |
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66 | (40) |
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4.1 Freedom of Expression: An Overview |
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67 | (4) |
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4.2 Unprotected Categories of Student Speech |
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71 | (6) |
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4.3 School-Sponsored Speech |
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77 | (6) |
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4.4 Independent Student Speech |
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83 | (12) |
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4.5 Off-Campus Speech and Social Media |
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95 | (3) |
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4.6 Freedom of Association and Use of School Facilities |
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98 | (6) |
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104 | (2) |
| 5 Student Discipline |
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106 | (30) |
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107 | (5) |
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5.2 Use of Force to Control Students |
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112 | (1) |
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5.3 Investigation of Misconduct |
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113 | (12) |
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5.4 Determination of Guilt |
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125 | (4) |
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5.5 Assignment of Punishment |
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129 | (5) |
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134 | (2) |
| 6 Equality of Educational Opportunity: Race and Gender |
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136 | (34) |
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6.1 The Equal Protection Clause and Racial Discrimination |
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136 | (2) |
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6.2 Historical Perspective: Equal Protection Prior to Brown v. Board of Education |
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138 | (2) |
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140 | (4) |
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6.4 Remedying De Jure Segregation |
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144 | (6) |
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6.5 Other Forms of Racial Discrimination |
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150 | (1) |
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6.6 Affirmative Action and Voluntary Racial Integration |
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151 | (4) |
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6.7 The Equal Protection Clause and Gender Discrimination |
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155 | (4) |
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6.8 Federal Anti-Discrimination Statutes |
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159 | (4) |
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6.9 Racial and Sexual Harassment |
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163 | (4) |
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167 | (3) |
| 7 Equality of Educational Opportunity: Students with Special Needs |
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170 | (34) |
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7.1 Historical Perspectives: The Education of Children with Disabilities |
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170 | (2) |
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7.2 The Rehabilitation Act and the Americans with Disabilities Act |
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172 | (7) |
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7.3 The Individuals with Disabilities Education Act |
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179 | (17) |
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7.4 No Child Left Behind and Students with Disabilities |
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196 | (1) |
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7.5 English Language Learners |
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197 | (4) |
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7.6 Classification by Age and Ability |
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201 | (1) |
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202 | (2) |
| 8 School Finance |
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204 | (17) |
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8.1 A Legal Perspective on School Finance |
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205 | (2) |
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8.2 The Federal Constitution and School Finance |
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207 | (3) |
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8.3 State Constitutions and School Finance |
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210 | (7) |
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8.4 Local School Board Authority to Raise and Spend Money |
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217 | (2) |
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219 | (2) |
| 9 Federal Constitutional and Statutory Rights of School Employees |
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221 | (44) |
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9.1 Political Activity and Non-Curricular Speech |
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222 | (9) |
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9.2 Academic Freedom and Curricular Speech |
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231 | (5) |
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9.3 Privacy, Morality, and Lifestyle |
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236 | (7) |
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9.4 Race, Ethnicity, Gender, Sexual Orientation, and Sexual Identity |
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243 | (12) |
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255 | (3) |
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258 | (3) |
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261 | (2) |
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263 | (2) |
| 10 Teacher Employment |
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265 | (21) |
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10.1 Eligibility for Employment |
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265 | (1) |
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10.2 Assignment, Transfer, Demotion, and Compensation |
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266 | (2) |
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10.3 Probationary Teachers: Evaluation, Renewal, and Tenure |
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268 | (1) |
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269 | (7) |
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10.5 Procedural Due Process |
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276 | (5) |
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281 | (1) |
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281 | (1) |
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10.8 Workers' Compensation |
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282 | (2) |
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284 | (2) |
| 11 Collective Bargaining, Unions, and Teacher Contracts |
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286 | (16) |
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11.1 Collective Bargaining for Teachers: An Overview |
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286 | (3) |
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11.2 Rights of Union and Non-Union Members |
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289 | (5) |
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11.3 The Scope of Collective Bargaining |
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294 | (2) |
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11.4 Grievance Procedures |
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296 | (1) |
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11.5 Individual Teacher Contracts |
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297 | (3) |
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300 | (2) |
| 12 Torts |
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302 | (38) |
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303 | (3) |
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12.2 Defamation and Employee Letters of Reference |
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306 | (5) |
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12.3 Invasion of Privacy, Student Records, and the Duty to Report Child Abuse |
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311 | (4) |
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315 | (7) |
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12.5 Negligent Hiring and Vicarious Liability |
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322 | (3) |
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12.6 Liability for Dangerous Buildings and Grounds |
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325 | (3) |
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12.7 Educational Malpractice |
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328 | (1) |
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12.8 Governmental Immunity and Statutes Affecting Tort Suits |
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328 | (3) |
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12.9 Substantive Due Process |
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331 | (2) |
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12.10 Section 1983 and Tortious Violations of Federal Law |
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333 | (5) |
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338 | (2) |
| Notes |
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340 | (47) |
| The Constitution of the United States of America |
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387 | (4) |
| Table of Cases |
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391 | (30) |
| Index |
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421 | |
Lisainfo e-raamatute kohta