American Public School Law,9780534274245

American Public School Law

by
Edition: 6th
ISBN13: 9780534274245
ISBN10: 0534274242
Format: Hardcover
Pub. Date: 2004-07-23
Publisher(s): Wadsworth Publishing
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Summary

1. The Legal System. 2. Historical Perspective of Public Schools. 3. Role of the Federal Government. 4. Governance of Public Schools. 5. Church and State. 6. School Attendance. 7. The Instructional Program. 8. Student Rights: Speech, Expression, and Privacy. 9. Student Rights: Common Law, Constitutional Due Process, and Statutory Protections. 10. Rights of Students with Disabilities. 11. Tort Liability. 12. Defamation and Student Records. 13. School District Liability. 14. Certification, Contracts, and Tenure. 15. Teacher Rights and Freedoms. 16. Due Process Rights of Teachers. 17. Discrimination in Employment. 18. Collective Bargaining. 19. Desegregation of Public Schools. 20. School Finance. 21. School Property and Buildings. Appendixes.

Table of Contents

Table of Cases
xv
Preface xxxvii
The Legal System
1(20)
The Nature of Public School Law
1(2)
Constitutions
2(1)
Statutes
2(1)
Court (or Case) Law
3(1)
Common Law
3(1)
Powers and Functions of Courts
3(3)
Applying Principles
4(1)
Interpreting Statutes
4(1)
Determining Constitutionality
4(2)
The Purpose of Law
6(1)
An Invitation to Jurisprudence
6(1)
Harry W. Jones
Stare Decisis
6(1)
Nature and Authority of Judicial Precedents
6(1)
Henry Campbell Black
Rule of Law
7(1)
The Role of Precedent in Judicial Decision
8(1)
John Hanna
Understanding Judicial Decisions
8(1)
Case or Controversy
9(2)
A Legitimate Controversy
10(1)
The American Court System
11(4)
State Courts
11(1)
Federal Courts
12(3)
The Role of the Supreme Court in American Society
15(1)
Archibald Cox
Vertical Judicial Federalism: The Legal Context
15(2)
Process of Going to Court
17(4)
Historical Perspective of Public Schools
21(41)
America's First School Laws
22(1)
The Puritan Influence
22(1)
A System of Education
23(2)
Education and Natural Law
25(1)
Common School and Democracy
26(1)
The Struggle for Public Schools
26(1)
Defining the Public Schools
27(1)
The Massachusetts Law of 1647
28(1)
Preamble to a Bill for the More General Diffusion of Knowledge (1779)
28(1)
Education, the Balance-Wheel of Social Machinery, Horace Mann's Twelfth Report (1848)
29(1)
Education Provisions of State Constitutions
29(2)
McDuffy v. Secretary of the Executive Office of Education
31(5)
Education Provisions as Limitations on Legislature
36(1)
Education as a Fundamental Right under State Constitutions
36(2)
Claremont School District v. Governor
38(2)
Judicial Approval of Common Schools
40(1)
Commonwealth v. Hartman
40(1)
Expansion of Public Schools
41(2)
Charter Schools
43(2)
Council of Organizations of Others for Education about Parochiad v. Governor
45(4)
Tuition and Fees in Public Schools
49(1)
Randolph County Board of Education v. Adams
50(2)
Cardiff v. Bismarck Public School District
52(4)
Hartzell v. Connell
56(6)
Role of the Federal Government
62(36)
The Land Ordinances
63(2)
Indirect Federal Role
65(1)
Sources of the Federal Role
65(2)
Structural Provisions in the Constitution
67(5)
Tenth Amendment and State Sovereignty
67(2)
General Welfare and Education
69(1)
Commerce Clause and Education
70(2)
United States v. Lopez
72(4)
Supremacy Clause
74(2)
Shepheard v. Godwin
76(5)
Obligation of Contracts
78(1)
Eleventh Amendment Immunity
78(3)
Rights Provisions in the Constitution
81(5)
Bill of Rights and Absorption by the Fourteenth Amendment
81(2)
First Amendment
83(1)
Fourth Amendment
83(1)
Fifth Amendment
84(1)
Eighth Amendment
84(1)
Ninth Amendment
85(1)
Fourteenth Amendment
85(1)
Fundamental Rights and Education
86(3)
San Antonio Independent School District v. Rodriguez
89(3)
Education as a Unique Governmental Function
92(1)
Kadrmas v. Dickinson Public Schools
93(5)
Governance of Public Schools
98(51)
Education as a State Function
99(1)
Limits of State Control
100(1)
State ex rel. Clark v. Haworth
101(2)
State and Local Educational Agencies
103(2)
McGilvra v. Seattle School District No. 1
105(1)
Clark v. Jefferson County Board of Education
106
Functions of Education Agencies
103(6)
Delegation of Legislative Powers
108(1)
In the Petition to Transfer Territory from High School District No. 6, Lame Deer, Rosebud County, Montana, to High School District No. 1, Hardin, Big Horn County v. Lame Deer High School District
109(4)
Executive Functions
112(1)
School District No. 39 of Washington County v. Decker
113(4)
Quasi-Judicial Functions
116(1)
Hortonville Joint School District No. 1 v. Hortonville Education Association
117(2)
Judicial Review of School Board Actions
119(2)
Sioux City Community School District v. Iowa Department of Education
121(3)
Authority of Interscholastic Organizations
124(1)
Quimby v. School District No. 21 of Pinal County
125(2)
School Officers
127(1)
Smith v. Dorsey
128(2)
Williams v. Augusta County School Board
130(1)
School Elections
131(2)
Hadley v. Junior College District of Metropolitan Kansas City, Mo.
133(2)
School Board Meetings
135(1)
Aldridge v. School District of North Platte
136(3)
Open Meetings and Public Records Laws
139(2)
Open Meetings
139(1)
Public Records
140(1)
Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Bernasconi
141(2)
Hovet v. Hebron Public School District
143(6)
Church and State
149(99)
Wall of Separation
150(2)
Religious Intolerance
152(1)
Colonial Establishments
153(1)
Religious Assessments
154(1)
An Act for Establishing Religious Freedom, Thomas Jefferson
155(1)
Memorial and Remonstrance against Religious Assessments, James Madison
156(2)
Church Opposition to Schools of the Republic
158(2)
The Public School and Religion
160(2)
Public Taxation to Support Religious Schools
162(1)
Everson v. Board of Education
162(3)
Board of Education of Central School District No. 1 v. Allen
165(3)
The Establishment Clause and the Lemon Test
168(1)
The Lemon Test
168(1)
Lemon v. Kurtzman
168(6)
The Wall Begins to Crumble
173(1)
Mueller v. Allen
174(6)
The Marginalizing of Lemon
177(1)
The Establishment Clause Reduced
178(2)
Zobest v. Catalina Foothills School District
180(2)
Agostini v. Felton
182(3)
Mitchell v. Helms
185(7)
New Theories of Church and State
192(3)
Separation
192(1)
Non-Preferential Subsidization
193(2)
Noncoercive Subsidization
195(1)
Vouchers
195(2)
Zelman v. Simmons-Harris
197(4)
Antiestablishment Provisions in State Constitutions
201(4)
Dickman v. School District No. 62 C
205(2)
Released Time for Religious Instruction
207(1)
Illinois ex rel. McCollum v. Board of Education of School District No. 71, Champaign County, Illinois
208(1)
Zorach v. Clauson
209(2)
Secularization of Public Schools: Prayer and Bible Reading
211(4)
A Bifurcated Standard
211(1)
Volitional Exercises
212(1)
Secular Purpose
212(1)
Silent Meditation
212(1)
Student-Initiated Religious Speech
213(1)
Prayer at Graduation and Extracurricular Activities
214(1)
School District of Abington Township v. Schempp and Murray v. Curlett
215(2)
Wallace v. Jaffree
217(3)
Lee v. Weisman
220(2)
Santa Fe Independent School District v. Doe
222(6)
Equal Access Act
228(1)
Board of Education of the Westside Community Schools v. Mergens
228(8)
Facilities
236(1)
Good News Club v. Milford Central School
237(3)
Flag Salute
240(1)
West Virginia State Board of Education v. Barnette
241(7)
School Attendance
248(48)
State Prerogative
249(1)
Plyler v. Doe
250(4)
Martinez v. Bynum
254(3)
Compulsory School Attendance
257(5)
Parens Patriae
258(2)
Instruction in Private Schools
260(1)
Equivalent Instruction
261(1)
Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary
262(2)
The Amish Exception
264(1)
Wisconsin v. Yoder
265(4)
Johnson v. Charles City Community Schools Board of Education
269(3)
Home Schooling
272(6)
Swanson v. Guthrie Independent School District I-L
278(2)
Murphy v. State of Arkansas
280(3)
In re interest of Rebekah T.
283(4)
Other Reasons for Nonattendance
287(1)
Excessive Absences
287(1)
Travel
287(1)
Illness
287(1)
Marriage
288(1)
Vaccination
288(2)
Maack v. School District of Lincoln
290(6)
The Instructional Program
296(68)
Marketplace of Ideas
297(1)
Judicial Deference to School Officials
297(2)
Limitation on State Power
299(1)
State ex rel. Andrews v. Webber
299(2)
Sandlin v. Johnson
301(1)
Meyer v. Nebraska
302(2)
Immediato v. Rye Neck School District
304(5)
Curriculum and the Pall of Orthodoxy
309(1)
Board of Education, Island Trees Union Free School District No. 26 v. Pico
310(4)
Counts v. Cedarville School District
314(4)
Virgil v. School Board of Columbia County, Florida
318(3)
Mozert v. Hawkins County Board of Education
321(4)
Brown v. Woodland Joint Unified School District
325(3)
Obscenity and Sex
328(3)
Films
330(1)
Leebaert v. Harrington
331(4)
Keefe v. Geanakos
335(2)
Boring v. Buncombe Co. Board of Education
337(3)
Evolution versus Creationism
340(3)
Epperson v. State of Arkansas
343(1)
Edwards v. Aguillard
344(3)
Student Testing and Promotion
347(3)
Due Process and Testing
348(1)
Equal Protection and Testing
349(1)
Debra P. v. Turlington
350(3)
Grading and Academic Requirements
353(2)
Withholding Diploma
354(1)
Grade Reduction
354(1)
Grade Standards for Extracurricular Activities
355(1)
Campbell v. Board of Education of Town of New Milford
355(4)
Bilingual Education Programs
359(1)
Lau v. Nichols
360(4)
Student Rights: Speech, Expression, and Privacy
364(66)
Freedom of Speech and Expression
365(1)
Material and Substantial Disruption
366(1)
Tinker v. Des Moines Independent School District
367(2)
Bethel School District No. 403 v. Fraser
369(3)
Chandler v. McMinnville School District
372(3)
Student Appearance
375(2)
Hair Length
375(1)
School Uniforms
376(1)
Canady v. Bossier Parish School Board
377(4)
Forum Analysis Applied to Schools
381(1)
Lamb's Chapel v. Center Moriches Union Free School District
382(3)
Student Publications
385(1)
Forum Analysis and Student Newspapers
386(1)
Categories of Publications
387(1)
School-Sponsored Publications
387(1)
Underground Publications
387(1)
Religious Publications
387(1)
Hazelwood School District v. Kuhlmeier
388(5)
The Internet and Free Speech
393(1)
Beussink v. Woodland R-IV School District
394(3)
Privacy: Search and Seizure
397(7)
Reasonable Suspicion
398(1)
T.L.O. and Reasonableness
398(2)
Special Needs and the Expansion of School Search Powers
400(1)
Canine Searches
401(1)
Strip Searches
402(1)
Metal Detector Searches
402(1)
Exclusionary Rule
403(1)
Liability for Illegal Search
403(1)
New Jersey v. T. L. O.
404(5)
Vernonia School District 47J v. Acton
409(3)
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls
412(5)
Cornfield v. Consolidated High School District No. 230
417(3)
State of Iowa v. Jones
420(4)
Isiah B. v. State of Wisconsin
424(6)
Student Rights: Common Law, Constitutional Due Process, and Statutory Protections
430(54)
Common Law and the Student
431(2)
Reasonableness
432(1)
In Loco Parentis
433(1)
Wiemerslage v. Maine Township High School District 207
433(2)
Constitutional Due Process
435(1)
Substantive Due Process
435(4)
More-Specific-Provision Rule
438(1)
Conscience Shocking
438(1)
Extension of Substantive Due Process
438(1)
Dunn v. Fairfield Community High School District No. 225
439(2)
Corporal Punishment and Substantive Due Process
441(4)
Student Discipline at Common Law
441(2)
The Eighth Amendment
443(1)
Liberty Interests
443(2)
Ingraham v. Wright
445(3)
Procedural Due Process
448(3)
Dixon v. Alabama State Board of Education
451(1)
Goss v. Lopez
452(3)
McClain v. Lafayette County Board of Education
455(6)
Zero Tolerance
459(2)
Sexual Harassment of Students
461(3)
Deliberate Indifference
463(1)
Franklin v. Gwinnett County Public Schools
464(2)
Gebser v. Lago Vista Independent School District
466(3)
Davis v. Monroe County Board of Education
469(3)
Baynard v. Malone
472(4)
Child Abuse
476(2)
Reporting
477(1)
Penalty for Failure to Report
477(1)
Arkansas Department of Human Services v. Caldwell
478(6)
Rights of Students with Disabilities
484(65)
A History of Neglect
485(2)
The Turning Point
486(1)
The Mills Case
487(1)
Mills v. Board of Education of District of Columbia
487(4)
Education for All Handicapped Children Act (EAHCA)
491(1)
Amendments to the EAHCA
491(1)
Individuals with Diabilities Education Act (IDEA)
492(2)
The 1997 Amendments to the IDEA
492(1)
Attention Deficit Hyperactivity Disorder
493(1)
Interpretation of the IDEA
494(1)
Free Appropriate Public Education
494(4)
Extended School Year
496(1)
Regression-Recoupment Dilemma
496(1)
Procedural Safeguards
497(1)
Individualized Education Programs
498(1)
Board of Education of Hendrick Hudson Central School District v. Rowley
499(3)
Timothy W. v. Rochester School District
502(6)
Least-Restrictive Environment
505(3)
Oberti ex rel. Oberti v. Board of Education of Clementon School District
508(5)
Beth v. Van Clay
513(3)
Placement in Private Schools
516(2)
The Burlington Test
517(1)
Children with Disabilities in Sectarian Schools
518(1)
Florence County School District Four v. Carter
518(3)
Foley v. Special School District of St. Louis County
521(2)
KDM v. Reedsport School District
523(2)
Related Services
525(1)
Irving Independent School District v. Tatro
526(2)
Cedar Rapids Community School District v. Garret F.
528(3)
Discipline and the ``Stay-Put'' Provision
531(1)
The ``Stay-Put'' Provision
531(1)
Honig v. Doe
532(4)
Compensatory Education
536(1)
Attorney's Fees
536(1)
Eligibility for Fees
537(1)
Private or Publicly Funded Attorneys
537(1)
Liability for Reimbursement of Parents
537(1)
Rehabilitation Act of 1973, Section 504
538(2)
Difference Between Section 504 and the IDEA
539(1)
Timothy H. v. Cedar Rapids Community School District
540(3)
Section 504 and AIDS
542(1)
The IDEA and AIDS
542(1)
Martinez v. School Board of Hillsborough County
543(6)
Tort Liability
549(44)
Definition of a Tort
550(1)
Intentional Interference
550(3)
Assault
551(1)
Battery
551(1)
Interference with Peace of Mind
552(1)
Spears v. Jefferson Parish School Board
553(1)
Strict Liability
554(1)
Fallon v. Indiana Trail School
555(1)
Negligence
556(4)
Standard of Conduct
557(1)
The Reasonable Person
557(1)
Elements to Negligence
557(1)
Duty
557(1)
Standard of Care
558(1)
Proximate or Legal Cause
559(1)
Injury or Actual Loss
560(1)
Brown v. Tesack
560(3)
Brownell v. Los Angeles Unified School District
563(2)
Johnson v. School District of Millard
565(4)
Richardson v. Corvallis Public School District No. 1
569(1)
Defenses for Negligence
570(2)
Contributory Negligence
571(1)
Comparative Negligence
571(1)
Assumption of Risk
571(1)
Immunity
572(1)
Wallmuth v. Rapides Parish School Board
572(3)
Stevens v. Chesteen
575(2)
Hutchinson v. Toews
577(2)
Aaris v. Las Virgenes Unified School District
579(2)
Hammond v. Board of Education of Carroll County
581(4)
Exculpatory Releases
584(1)
Wagenblast v. Odessa School District No. 105-157-166J
585(2)
Educational Malpractice
587(1)
Donohue v. Copiague Union Free School District
588(5)
Defamation and Student Records
593(38)
Defamation Defined
594(1)
Defamation in Public Schools
594(4)
Privilege
595(1)
Good Faith
596(1)
Defamation Per Se and Per Quod
597(1)
Public Officials and Figures
598(3)
Malice
600(1)
Truth
601(1)
Hett v. Ploetz
601(2)
Desselle v. Guillory
603(3)
Phillips v. Lincoln County School District
606(2)
Milkovich v. Lorain Journal Co.
608(4)
Richmond Newspapers, Inc., v. Lipscomb
612(4)
Johnson v. Robbinsdale Independent School District No. 281
616(5)
Student Records
621(1)
Family Educational Rights and Privacy Act
621(3)
No Child Left Behind Act of 2001
623(1)
Individual Right to Damages
623(1)
Parental Rights
623(1)
Posting of Grades
624(1)
Student-Graded Work
624(1)
Owasso Independent School District v. Falvo
624(7)
School District Liability
631(38)
Sovereign Immunity
632(1)
Molitor v. Kaneland Community Unit District No. 302
633(3)
Richardson v. Rankin County School District
636(1)
Yanero v. Davis
637(4)
Lentz v. Morris
641(2)
Abrogation of Immunity
643(1)
Discretionary Functions
643(1)
Mosley v. Portland School District No. 1J
644(2)
Ette ex rel. Ette v. Linn-Mar Community School District
646(3)
Insurance Waiver of Immunity
649(1)
Dugger v. Sprouse
649(1)
Proprietary Functions
650(1)
Licensees and Invitees
651(1)
Tanari v. School Directors of District No. 502
651(2)
Nuisance
653(1)
Hendricks v. Southfield Public Schools
654(1)
Section 1983, Civil Rights Act of 1871 Liability
654(3)
``Persons'' under the Act
655(1)
School Board Liability under Section 1983
656(1)
Official Negligence under Section 1983
656(1)
Individual Liability under Section 1983
657(1)
Wood v. Strickland
657(4)
Eleventh Amendment Immunity and Local School Districts
661(1)
Minton v. St. Bernard Parish School Board
662(2)
Duke v. Grady Municipal Schools
664(5)
Certification, Contracts, and Tenure
669(49)
Teacher Certification
670(2)
Background
670(1)
Requirements
671(1)
Ambach v. Norwick
672(2)
Wardwell v. Board of Education of the City School District of the City of Cincinnati
674(1)
Application of Bay
675(3)
Erb v. Iowa State Board of Public Instruction
678(2)
Teacher Contracts
680(1)
The Standard Contract
680(1)
Fairplay School Township v. O'Neal
681(1)
Feldhusen v. Beach Public School District No. 3
682(2)
The Tenure Contract
684(1)
Grounds for Termination
684(1)
Scheer v. Independent School District No. I-26 of Ottawa County
684(2)
Appeal of Santee
686(2)
Incompetency
688(1)
Collins v. Faith School District #46-2
688(5)
Insubordination
691(2)
Gaylord v. Board of Education, Unified District No. 218, Morton County
693(1)
In re Termination of James E. Johnson
694(3)
Immorality
695(1)
Immoral Conduct
696(1)
Toney v. Fairbanks North Star Borough School District
697(3)
Board of Education of Hopkins County v. Wood
700(2)
Elvin v. City of Waterville
702(1)
Gaylord v. Tacoma School District No. 10
703(4)
Cause or Good Cause
706(1)
Board of Directors of Lawton-Bronson v. Davies
707(3)
Reduction in Force
710(1)
Zoll v. Eastern Allamakee Community School District
710(2)
Constitutional Protection of Contracts
712(2)
State v. Project Principle, Inc.
714(4)
Teacher Rights and Freedoms
718(47)
The Source of Rights
719(2)
Academic Freedom
719(1)
First Amendment: Primary Repository
720(1)
Speech Rights of Public Employees
721(4)
Pickering and the Balancing of Interests
722(1)
Mt. Healthy and Motivating Factors
723(1)
Speech and the Connick Rule
724(1)
Pickering v. Board of Education
725(4)
Mt. Healthy City School District Board of Education v. Doyle
729(5)
Givhan v. Western Line Consolidated School District
734(2)
Stroman v. Colleton County School District
736(2)
East Hartford Education Association v. Board of Education
738(2)
Seemuller v. Fairfax County School Board
740(3)
Privacy
743(2)
Teacher Workplace Searches
744(1)
Mental and Physical Examinations of Teachers
745(1)
Daury v. Smith
745(4)
Drug Testing of Teachers
747(2)
Knox County Education Association v. Knox County Board of Education
749(6)
Freedom of Religion
755(2)
Title VII
755(1)
Promoting Religion
756(1)
Religious Garb
756(1)
Cooper v. Eugene School District No. 4J
757(3)
Privilege Against Self-Incrimination
760(1)
Beilan v. Board of Public Education, School District of Philadelphia
760(5)
Due Process Rights of Teachers
765(29)
Four Aspects of Due Process
766(1)
Substantive Due Process
766(2)
Liberty Interests
766(1)
Property Interests
767(1)
Board of Regents v. Roth
768(3)
Perry v. Sindermann
771(4)
Procedural Due Process
775(2)
Hearing
775(2)
Impartiality
777(1)
Cleveland Board of Education v. Loudermill
777(4)
Crump v. Board of Education of Hickory Administrative School Unit
781(4)
The Vagueness Test
785(2)
Loyalty Oaths
785(2)
Wieman v. Updegraff
787(2)
Connell v. Higginbotham
789(1)
The Irrationality and Presumption Test
789(1)
Resident Status
789(1)
Pregnancy
790(1)
Cleveland Board of Education v. LaFleur
790(4)
Discrimination in Employment
794(61)
Constitutional and Statutory Protections
795(1)
Federal Civil Rights Statutes
795(1)
Enforcement of Employment Rights
796(1)
Equal Protection Clause
796(2)
Title VI
798(1)
Title VII
798(1)
Griggs v. Duke Power Co.
799(1)
United States v. South Carolina
800(5)
Hazelwood School District v. United States
805(3)
Diversity and Affirmative Action
808(2)
Wygant v. Jackson Board of Education
810(2)
Taxman v. Board of Education of the Township of Piscataway
812(4)
Sex Discrimination
816(3)
Title VII
817(1)
Pregnancy
817(1)
Employment Benefits Discrimination
818(1)
Title IX
818(1)
North Haven Board of Education v. Bell
819(4)
Sexual Harassment
820(1)
Quid Pro Quo
821(1)
Hostile Environment
821(1)
Retaliation
822(1)
Clark County School District v. Breeden
823(2)
Masson v. School Board of Dade County
825(4)
Trautvetter v. Quick
829(2)
Religious Discrimination
831(1)
Ansonia Board of Education v. Philbrook
832(2)
Cowan v. Strafford R-VI School District
834(2)
Equal Pay Act
836(1)
Danzl v. North St. Paul--Maplewood--Oakdale Independent School District No. 622
837(2)
Age Discrimination
839(3)
Wooden v. Board of Education of Jefferson County
842(2)
Discrimination Against Persons with Disabilities
844(1)
School Board of Nassau County v. Arline
845(4)
Chalk v. United States District Court Central District of California and Orange County Superintendent of Schools
849(2)
Family and Medical Leave Act of 1993
851(4)
Collective Bargaining
855(34)
Background of Labor Relations
855(1)
Private versus Public Sector Bargaining
856(1)
The Right of Public Employees to Bargain Collectively
857(2)
Norwalk Teachers Association v. Board of Education of City of Norwalk
859(3)
Anderson Federation of Teachers, Local 519 v. School City of Anderson
862(1)
Board of Education v. New Jersey Education Association
863(2)
Indiana State Teachers Association v. Board of School Commissioners of the City of Indianapolis
865(3)
School Board of the City of Richmond v. Parham
868(2)
Pawtucket School Committee v. Pawtucket Teachers Alliance
870(1)
City of Biddeford v. Biddeford Teachers Association
870(2)
Scope of Bargaining
872(1)
Kenai Peninsula Borough School District v. Kenai Peninsula Education Association
873(3)
Collective and Individual Rights
876(2)
Bargaining Rights
876(1)
Constitutional Rights of Individuals
877(1)
Abood v. Detroit Board of Education
878(3)
Grunwald v. San Bernardino City Unified School District
881(4)
City of Madison v. Wisconsin Employment Relations Commission
885(4)
Desegregation of Public Schools
889(50)
Historical Background
890(2)
Erosion of Separate-but-Equal
892(1)
Brown and the Demise of Segregated Schools
893(2)
Brown v. Board of Education of Topeka
895(2)
Interpreting Brown
897(2)
Griffin v. County School Board of Prince Edward County
899(3)
Green v. County School Board of New Kent County
902(3)
Alexander v. Holmes County Board of Education
905(1)
De Facto Segregation
905(1)
Keyes v. School District No. 1, Denver
906(3)
Quotas and Busing
909(1)
Swann and the Four Student Assignment Issues
909(1)
Swann v. Charlotte-Mecklenburg Board of Education
910(3)
Racial Balances or Racial Quotas
910(1)
One-Race Schools
911(1)
Remedial Altering of Attendance Zones
911(1)
Transportation of Students
912(1)
Unitariness
913(1)
Pasadena City Board of Education v. Spangler
914(3)
Board of Education of Oklahoma City Public Schools, Independent School District No. 89 v. Dowell
917(2)
Freeman v. Pitts
919(5)
Remedial and Compensatory Remedies
924(1)
Missouri v. Jenkins (Jenkins I)
925(3)
Missouri v. Jenkins (Jenkins II)
928(3)
Diversity and Racial Classifications
931(1)
Narrow Tailoring
931(1)
Diversity
931(1)
Interdistrict Desegregation
932(2)
Milliken v. Bradley
934(5)
School Finance
939(45)
Taxation for Education
940(1)
The Development of the American State and Local Tax System
940(2)
Florida Department of Education v. Glasser
942(1)
Marion and McPherson Railway Co. v. Alexander
943(3)
Distribution of State School Funds
945(1)
Taxation and Equal Protection
946(1)
School Finance Equity Litigation
946(1)
Equal Protection Clause and School Finance
947(3)
Rodriguez and Its Aftermath
948(2)
Litigation under State Constitutions
950(1)
Fundamentality and State Constitutions
950(2)
Rose v. Council for Better Education, Inc.
952(3)
Edgewood Independent School District v. Kirby
955(5)
DeRolph v. State
960(9)
Committee for Educational Rights v. Edgar
969(3)
Budgeting and Accounting for School Funds
972(1)
San Benito Independent School District v. Farmers' State Bank
973(3)
Petition of Auditors of Hatfield Township School District
976(2)
Public School Indebtedness
977(1)
Revell v. Mayor of City of Annapolis
978(1)
Hewitt v. Board of Education
979(5)
School Property and Buildings
984(25)
City of Baker School Board v. East Baton Rouge Parish School Board
985(1)
City of Bloomfield v. Davis County Community School District
985(2)
Edmonds School District No. 15 v. City of Mountlake Terrace
987(2)
Purchase of Property for Special Purposes
989(1)
In re Board of Public Instruction of Alachua County
989(2)
School Buildings
991(1)
Alexander v. Phillips
991(3)
School Site Selection
994(1)
Mullins v. Board of Education of Etowah County
994(2)
Eminent Domain
996(1)
Oxford County Agricultural Society v. School District No. 17
997(1)
In re School District of Pittsburgh
998(1)
Dare County Board of Education v. Sakaria
999(3)
Adverse Possession
1002(1)
Lovejoy v. School District No. 46, Sedgwick County
1002(2)
Reversion of School Property
1004(1)
Williams v. McKenzie
1005(4)
Appendix A Selected Constitutional Provisions 1009(4)
Appendix B Selected Federal Statutes 1013(14)
Appendix C Public Schools Provisions in State Constitutions 1027(5)
Appendix D Glossary of Terms 1032(5)
Index 1037

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