An Essential Guide for Attorneys, Teachers, Administrators, Parents, and Students
Author: Ralph M. Gerstein,Lois Gerstein
Publisher: Lawyers & Judges Publishing Company
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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. For example, even the seemingly basic task of setting academic standards involves both contract law and the laws protecting individuals with disabilities. It may also include First Amendment issues since some professors and instructors have claimed that the right to determine grades falls under the First Amendment. Special education students of all levels, from the most severely disabled to the extraordinarily gifted, fall under a set of complex laws and regulations pertaining specifically to their education. These regulations cover everything from identification of special education students to providing services to administrative and litigation proceedings in special education cases. School choice considerations including out of district attendance, magnet, charter and private schools and home schooling have legal issues and regulations as well. Issues such as participation in team sports and other extracurricular school sponsored activities, administration of standardized tests, and part time public school attendance are all part of legislation and regulations pertaining to home schooled students. Zero-tolerance policies pertaining to drugs, alcohol and weapons and school policies on disciplinary action are also part of education law. Civil litigation involves diverse torts including accidents, sexual harassment and hazing. First Amendment speech issues, religion and separation of church and state, and civil rights and discrimination also affect students and educational employees.Education Law, Second Edition is your comprehensive road map through the complicated legal situations in today's rapidly changing educational environment. It 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. Topics include: Admissions, school choice and accountability No Child Left Behind Act Grades and academic standing Standardized testing The Americans with Disabilities Act Individuals with Disabilities Education Improvement Act (IDEA) Eligibility and parental consent for special education services Implementation of special education services Academic dishonesty Hazing and intimidation Disciplinary actions and procedures Zero tolerance policies Search and seizure and Fourth Amendment rights Regulating gang activity and preventing school violence First Amendment rights in the educational setting School library collections and the First Amendment Prayer in schools and at school sponsored events Religious Beliefs and curriculum Government funding of private and religious schools Discrimination Affirmative Action and Reverse Discrimination Federal Education Rights and Privacy Act (FERPA) Access to and release of educational records Sexual harassment, misconduct and abuse in the educational setting Accidents and dangerous activities involving students Rights of home schooled to attend public school part time Rights of home schooled students to participate in public school extracurricular activities and sports Assumption of risk in participation in school athletics and extra curricular activities Improper advising, coaching, equipment or facilities Liability to participants and spectators Educational personnel issues And more!