The legal relationship between student and school is a fragile one. Almost every area of law affects education institutions in some manner. The rights of students, parents, and school employees are governed by constitutional provisions and by federal, state and local statutes. Contract law, tort law, constitutional law, civil rights law, sports law and disability combine to form the basis of education law. Education Law, Second Edition is your essential guide to creating standards for your school district and enforcing your legal rights in the classroom. You will be guided through the rights of teachers and other school employees, parents, and students through case studies of previous legal actions. The authors, Lois and Ralph Gerstein, analyze these legal issues from the points of view of students, parents, and school personnel, providing a well-rounded explanation of how local, state, and federal laws are interpreted in numerous and diverse education-related cases.
Call Number: Gutman Reference KF4119 .R36 1984-; available on Lexis.
Publication Date: 2002- (loose-leaf)
Education Law - an indispensable reference for attorneys who represent persons having a grievance against educational institutions,and attorneys representing such institutions. Authoritative analysis of federal and state statutes and cases affecting public and private educational institutions at all levels
Includes such topics as: banning of books, school prayer, dealing with students afflicted with AIDS, tax-exempt status for parochial schools, funding accreditations, tort liability. Guidance on collective bargaining strategies, drafting codes of student conduct and conducting student searches. Selected forms, including contracts, model school policies, litigation forms, as well as checklists
Tables of state legislation concerning important issues facing educational institutions.
The Law of Higher Education, Fifth Edition is an up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year. Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material, including those related to: hate speech and free speech rights of faculty in public universities; sharing of research with international colleagues; intellectual property and peer-to-peer file sharing; student suicide; campus safety; police and administrators right to search students residence hall rooms; governmental support for religious institutions and religious autonomy rights of individual public institutions; collective bargaining and antidiscrimination laws; nondiscrimination and affirmative action in employment, admissions, and financial aid; Family and Medical Leave Act and workers compensation; FERPA (Family Educational Rights and Privacy Act).
Clear, well organized presentation of IDEA and other pertinent federal laws, together with well organized discussion of relevant cases, help educators understand and apply their knowledge in concrete situations. The emphasis of this practical book is on increasing understanding at a conceptual level rather than rote memorization of detailed provisions of the IDEA and other laws. By understanding the law, educators will be better equipped to work with future amendments of IDEA and with new laws that may be enacted by Congress. They will also have an increased ability to apply statutory provisions to specific situations. Part I - Constitutional Framework: provides important background in understanding the authority that Congress has to enact laws that impact on education in the United States and the authority that the courts have to interpret laws. Includes discussion of the judicial system, the key provisions of the United States Constitution, due process, equal protection, the statutes of certain regulations, and a brief overview and comparison of the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act (RA), and the Americans with Disabilities Act (ADA). Part II - IDEA: covers background, basic language and coverage, duty to evaluate, FAPE, IEP, placement, related services, inclusions/least restrictive environment, private school, discipline, mediation, due process, and court proceedings. Sample forms are included to supplement discussion with concrete examples to aid understanding.Part III - RA and ADA covers RA/ADA basics, such as who is an individual with a disability, what entities are covered, enforcement provisions, and application to schools, universities, and employers.Part IV - Other Legal Issues: covers No Child Left Behind, FERPA, tort liability, and high stakes testing issues. At the end of each part there is a very basic question and answer section to assist the student in focusing on major points in each part.