California School Law

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Stanford University Press, 2005 - Education - 549 pages
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California School Law provides the first comprehensive discussion of how law affects the day-to-day operation of the state’s public, charter, and private schools. The book is written for a wide audience including policymakers, governing board members, school administrators, union leaders, teachers, school law attorneys, education law professors and their students, and parents. In its twelve chapters, readers will find a detailed yet readable account of the many ways law structures the delivery of educational services in California.

Beginning with an explanation of the legal framework within which California schooling takes place, the book examines constitutional, statutory, and judicial law governing attendance and instruction, school accountability, school finance, the collective bargaining process, employment, free speech, religion, the delivery of services to children with disabilities, student discipline, open meetings and records, privacy and student search and seizure, race and gender discrimination and harassment, and legal liability.

  

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Contents

Law and the California Schooling System
1
What Comprises School Law?
3
Statutory Law
6
Administrative Law
10
Contract Law
13
Judicial Law
14
The California Schooling Structure
17
Parent Rights and Responsibilities
24
SchoolSponsored or Endorsed Public Prayer
245
Private Prayer and Religious Exercise
247
Religion in the Classroom
249
Teaching about Religion
250
Student Religious Papers and Presentations
254
Holiday Observances and Religious Music
257
Graduation Prayer and Religious Speeches
259
Access of Religious Groups to Campus
261

Homeschooling
26
Rights within Public Schools
27
Expanding Parent Choice
28
California Charter Schools
29
Starting a Charter Schools
31
Operating a Charter School
32
Constitutionality of Charter Schools
36
California Private Schools
37
Voucher Programs
39
Summary
42
Attendance Instruction and Assessment
44
Attendance
45
Attendance Records
49
Absences and Truancy
50
Curriculum and Instruction
52
Curriculum Content Standards
57
Curriculum Censorship
59
Classroom Instruction
60
Educating Targeted Groups
61
Teacher Preparation and Evaluation
64
Copyright Law
69
The Internet
71
Controlling Access to Inappropriate Material
73
Privacy and the Internet
76
Online Courses and Cyberschools
77
Assessment and Accountability
79
Student Assessment
80
School Accountability
84
Summary
88
Equity Adequacy and School Finance
89
Does Money Matter?
90
The Quest for Equity
92
Litigation
95
San Antonio Independent School District v Rodriguez 1973
97
Serrano v Priest 1976
99
Proposition 13
102
The Current California School Finance System
105
Revenue Limit Funding
108
Categorical Aid
109
Other Sources of School Revenue
110
Facilities Funding
111
Funding Charter Schools
113
The Special Case of NonclassroomBased Charters
116
The Movement toward Adequacy
118
Summary
123
Unions and Collective Bargaining
126
The Three Stages of Collective Bargaining
127
Contract Negotiation Stage
129
Contract Administration Stage
130
Collective Bargaining under the Educational Employment Relations Act EERA
131
The Role of the Public Employment Relations Board PERB
133
Deciding on the Appropriate Bargaining Unit and Choosing a Representative
134
Scope of Bargaining
137
Contract Negotiation
142
Contract Administration
148
The Role of the Arbitrator
149
Organizational Security Arrangements
151
Future Challenges
154
Summary
158
Employment
160
Classifications and Categories of Public School Employees
161
Property Rights in Employment
163
Classifications
165
Temporary
166
Probationary
169
Permanent
171
Evaluation and Reassignment
174
Discipline of Probationary and Permanent Employees
176
Nonreelection and Dismissal of Probationary Teachers
177
Dismissal of Permanent Teachers
179
Immoral or Unprofessional Conduct
180
Unsatisfactory Performance
181
Persistent Violation of or Refusal to Obey School Laws
182
The Dismissal Hearing Process
183
Layoff
185
Classified Employees
187
Evaluation and Discipline
188
Dismissal and Layoff
189
Merit System School Districts
190
Administrators
191
The Personnel File
192
Public School Employee Leave Rights
193
Federal and State Antidiscrimination Laws
194
Americans with Disabilities Act and Section 504
196
Fair Employment and Housing Act
198
Summary
199
Rights of Expression
201
Mt Healthy Test
205
Complaints about Working Conditions
208
Expression through School Channels
210
Educator Association Rights
212
Whistleblowing
213
Student Expression Rights
214
FacetoFace Communication
215
Expression through School Channels
219
Right of Association
224
Expression Rights in the Classroom
228
Student Classroom Expression
232
Summary
236
The School and Religion
238
Federal and California Constitutional Law
239
Protection for Free Exercise of Religion
240
Manifestations of Religion on Campus
242
The Pledge of Allegiance
243
School Prayer
244
Community Use Policies
264
Religiously Based Exemptions
268
Aid to Religious us Private Schools
271
Direct Aid Programs
272
Indirect Aid Programs through Vouchers and Tax Credits
273
Summary
275
Students with Disabilities
277
Special Education Law
278
Sources of Special Education Law
282
The Language of Special Education
283
Free Appropriate Public Education FAPE
285
Substantive Component
287
FAPE and the Least Restrictive Environment LRE
289
Child Find Referral Assessment and Eligibility
290
Child Find and Referral for Initial Assessment
291
Initial Assessment
293
Eligibility
295
Independent Educational Evaluation IEE and Reevaluation
298
IEP Contents
301
Special Education and DIS
303
Extended School Year
305
Mental Health Services
306
Placement
307
Transition Plans the Age of Majority and Exiting Special Education
308
Private School Students and IDEA
310
Due Process Hearings
312
Stay Put during Hearing
313
Due Process Rights
314
Due Process Remedies
315
Attorney Fees
316
Section 504 and Americans with Disabilities Act ADA
317
Americans with Disabilities Act ADA
319
Summary
320
Student Discipline
323
Californias Legal Framework for Student Discipline
325
Who Can Discipline
326
Types of Discipline
330
Expulsion
338
Mandatory Recommendation for Expulsion
339
Mandatory Recommendation for Expulsion Unless Inappropriate
341
Discipline for an Act Not on School Grounds
343
Involuntary Transfer
345
Recommendation for Expulsion
346
Final Determination by the Governing Board
351
PostExpulsion Educational Programming
354
Appeal of an Expulsion Order
355
Discipline and Special Education
358
Different Types of Disciplinary Removals
359
LongTerm Removals
360
Interim Alternative Educational Settings and a Honig Injunction
362
Students Not Yet Identified as Special Education Students
363
Summary
364
Public Access Privacy and Student Search and Seizure
366
The Brown Open Meetings Act
367
Key Provisions
368
Defining Open Meetings
371
Exceptions to Open Meetings
372
Enforcement
374
The Public Records Act
375
Personal Privacy
377
Employee Lifestyle
378
Student Dress and Grooming
380
Student Records Surveys and Profiling
382
Student Surveys and Profiling
386
Student Search and Seizure
388
Standards
389
Individual Searches
394
Group Searches
397
Student Seizures
401
Summary
403
Race and Gender Discrimination
405
Racial Discrimination
406
Racial Discrimination under California Law
410
Remedying Racial Isolation Regardless of Cause
413
Limits on Busing
415
Limits on Affirmative Action and Racial Balancing
416
Finding Other Means of Fostering Diversity
421
Gender Discrimination
424
Constitutional Dimensions
425
Title IX and Its Regulations
428
Racial and Gender Harassment
430
Sexual Harassment and Abuse under Title IX
433
California Unruh Civil Rights Act
435
Summary
437
Legal Liability
439
California Tort Claims Act
440
Injury ti Students on Campus
442
Injury to Students off Campus
454
Injury to Nonstudents
457
Dangerous Condition of School Property
460
Waivers of Liability
462
Counselors and the Duty to Warn
463
A Word about Insurance
464
Fair Employment and Housing Act
466
Liability under Federal Law
467
Liability of Schools under 42 USC Section 1983
468
Liability of School Employees under 42 USC Section 1983
469
Summary
473
Glossary of Legal Terminology
477
Finding and Reading Statues and Judicial Decisions
485
References
490
List of Cases
493
Index
511
Copyright

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About the author (2005)

Frank Kemerer teaches education law in the School of Law and School of Education at the University of San Diego as a Professor in Residence. He has been researching and teaching education law for thirty-five years at universities in New York, Texas, and California. In addition to speaking and consulting, Prof. Kemerer has written extensively in the field. Included among his books are the legal text Constitutional Rights and Student Life (West Publishing Company 1979), School Choice and Social Controversy: Politics, Policy and Law (Brookings Institution Press 1999), and The Educator's Guide to Texas School Law (University of Texas Press, 2005, now in its sixth edition). He was awarded the Scribes Certificate of Distinction in 1992 from the American Society of Writers on Legal Subjects for William Wayne Justice: A Judicial Biography (University of Texas Press 1991). frk3765@aol.com Peter Sansom is an associate with Lozano Smith, a California law firm specializing in education law. After graduating with highest honors and a major in communications from the University of California at Santa Barbara, he received his law degree from the University of San Diego School of Law. In his practice at Lozano Smith, Mr. Sansom has successfully represented school districts in special education due process hearings and student expulsions. He works on a wide variety of education law issues including employee discipline and student rights. Jennifer Kemerer practices employment law with a firm in Palo Alto. After graduating Phi Beta Kappa from Stanford University with a major in public policy and education, Ms. Kemerer worked as an analyst for Cornerstone Research in Menlo Park. Later, she received her law degree with distinction from Stanford Law School. In addition to employment law, her interests focus on racial and gender issues, as well as constitutional rights.

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