Instructors Manual With Test Bank

Instructor’s Manual With Test Bank for

School Law and the Public Schools:

A Practical Guide for Educational Leaders 6 th Edition Nathan Essex Answers At The End Of PDF 1 / 4

v Table of Contents Chapter 1 -- Legal Framework Affecting Public Schools ...............................................................1 Chapter 2 -- Religion and the Public Schools ..................................................................................8 Chapter 3 -- Students, the Law and Public Schools .......................................................................22 Chapter 4 -- National Security and Student Safety ........................................................................38 Chapter 5 -- Individuals with Disabilities ......................................................................................48 Chapter 6 -- School Personnel and School District Liability .........................................................61 Chapter 7 -- Liability and Student Records ...................................................................................70 Chapter 8 -- Teacher Freedoms ......................................................................................................78 Chapter 9 -- Discrimination in Employment .................................................................................89 Chapter 10 -- Recruitment, Tenure, Dismissal, and Due Process ................................................102 Chapter 11 -- The Instructional Program .....................................................................................113 Chapter 12 -- School Desegregation ............................................................................................124 Chapter 13 -- School Finance ......................................................................................................133 Answer Key .................................................................................................................................142 2 / 4

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CHAPTER 1

LEGAL FRAMEWORK AFFECTING PUBLIC SCHOOLS

The Constitution, which is over 200 years old, continues to serve as the plan for American Government. It is considered to be the supreme law of the land. One of the most significant aspects of the Constitution is the Bill of Rights which provides information regarding the individual rights of U.S. Citizens. The Constitution also places restrictions on the powers of the government in relation to citizens’ rights.Students of school law should gain an understanding of the legal system that affects the operation of public schools. Since schools are considered governmental agencies, they are impacted by federal and state constitutions, federal and state statutes, and court decisions.This chapter covers the basic sources of law and the relationship of each source of law to the operation of public schools. Each state has the responsibility to provide a free public school education for all children who reside within the state. The ultimate goal is to produce an educated citizenry that will benefit society.Topical Outline of this Chapter Sources of Law State Agencies Local Boards of Education The U.S. System of Courts Analysis of an Appellate Court Opinion The Supreme Court Legal Information Retrieval System State Agencies State legislatures in virtually all states have created administrative agencies to execute various laws and policies that affect public schools. One such agency is the State Board of Education. State Boards of Education govern the State Department. They have the responsibility for the development and management of public schools within their respective states. State legislatures who represent the legal authority in determining educational policy may delegate specific legal responsibilities to state boards.

Points of Emphasis:

1.State boards are often involved in setting certain standards for public schools.

2.State boards are closely involved in accreditation of state educational programs.

3.State boards may promulgate graduation requirements.

4.State boards may be responsible for implementing state testing and assessment programs.Local Boards of Education School boards are corporate bodies who are responsible for implementing legislative policy as well as formulating local policies governing schools as long as they do not conflict with state statutes. Board members are state officers who act as a body when conducting official business of the state. Most of their power is derived from the legislature either expressed or implied through proper delegation. Individual board members have no power beyond that which is provided to the board as a corporate body. 3 / 4

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Points of Emphasis:

• Local boards are responsible for formulating policies that facilitate the goals of their respective districts.
• Their powers are granted by the legislature.
• School boards in most jurisdictions are responsible for selecting a local superintendent.
• The superintendent is accountable to the board and is responsible for executing board policy.
• The board-superintendent relationship is best described as a legislative executive relationship.

Sources of Law

The organization and administration of public schools are determined by constitutions, statutes, case law, state agencies, and school board policies which are derived by state statute. This chapter discusses how the various sources of law shape the administration of schools and enable public schools to operate within the boundaries of the law. Students should understand the legal framework in which public schools operate and the significant role that all of these sources of law play in the successful management of public schools.

Beginning on page 3 of the text, there is a discussion of the primary sources of law followed by an analysis of the U.S. System of Courts on pages 7, 8, and 9. It is important that students understand the critical role the courts play in interpreting the law. An understanding of the powers and functions of the courts will enhance students’ knowledge of the legal framework and how it impacts the management of public schools.

The U.S. System of Courts

Students must understand the hierarchy of the system of courts in the United States as well as their prescribed powers and functions to gain greater insight into the legal dimensions of school law. Since public schools are considered agents of the states, particular attention should be focused on the role of state courts in school matters that do not involve a federal question. Consequently, many education cases are heard in state courts for this reason.Students should pay attention to the map on page 7 which includes the federal circuit courts of appeal and understand that circuit court decisions only affect schools which are located in the particular circuit where the decision is rendered.

Analysis of an Appellate Court Opinion

This section covers the basic components of court opinions and is designed to facilitate an understanding of the court’s ruling. A summary is presented of case citations, procedures by which a case reaches the courts, the facts of the case, the court’s ruling, and justification as well as the disposition of the court.

A discussion of the U.S. Supreme Court’s review process is presented on page 9 to enhance the student’s understanding of the means by which cases are heard by the highest court in the land.

This Supreme Court Ritual section on page 10 briefly describes the inner workings of the highest court outlining voting procedures and the day to day duties of the Supreme Court justices.

The Supreme Court

This chapter ends with interpretation of U.S. Supreme Court decisions which enables students to readily identify Supreme Court rulings based on parallel citations as well as the sources by which a Supreme Court decision may be located for research purposes. Finally, a listing of all Supreme Court Justices is found on pages five and six.These listings may assist students in examining the court’s ruling in light of the social and philosophical views of society. For example, patriotism was a high priority among most Americans during World War II. Many post World War II cases focused on civil rights issues as the country began to become concerned with individual rights and freedoms. Additionally, some courts were more liberal while others were more conservative based on the composition of the court as reflected by the President’s appointment of them and the Congress that confirmed the President’s nomination.

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