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图书目录:PREFACE
TABLE OF CASES CHAPTER 2. LEGAL BASIS FOR THE PUBLIC SCHOOLS FEDERAL GOVERNMENT AND EDUCATION State is Not Obligated to Expend Federal Funds for Purposes Which Violate the State Constitution (Wheeler v. Barrera) LOYALTY OATHS Merely Knowing Membership Without Specific Intent to Further Unlawful Aims of an Organization is Not a Constitutionally Adequate Basis for Imposing Sanctions (Keyishian v. Board of Regents) Disclaimer Provisions of Loyalty Oath are Unconstitutional (Connell v. Higginbotham) CHAPTER 3. RELIGION AND THE PUBLIC SCHOOLS TEXTBOOKS AND TRANSPORTATION FOR PAROCHIAL SCHOOL PUPILS STATE FINANCIAL AID TO PAROCHIAL SCHOOLS State Aid to Parochial Schools Through Salary Supplements and Purchase of Services Constitutes Impermissible Entangle- ment between Church and State (Lemon v. Kurtzman) Maintenance and Repair Grants for Parochial Schools as well as Tuition Reimbursement and Income Tax Benefits to Parents of Parochial School Children are Unconstitutional (Commit- tee for Public Education and Religious Liberty v. Nyquist) CHAPTER 4. STATE EDUCATION AGENCIES AND LOCAL SCHOOL BOARDS BOARD'S POWER OVER CURRICULUM Establishment and Operation of Nongraded School is Within Dis- cretion of School Board (Schwan v. Board of Education of Lansing School District) Sex Education Course Does Not Invade Constitutional Rights of Privacy or Religion (Medeiros v. Kiyosaki) School Systems Failure to Provide English Language Instruction to Chinese Speaking Children Violates Civil Rights Act of 1964 (Lau v. Nichols) CHAPTER 5. SCHOOL FINANCE EQUAL PROTECTION AND STATE SCHOOL FINANCE PRO- GRAMS Right to an Education in Public Schools is a Fundamental Interest Which Cannot be Conditioned on Wealth (Serrano v. Priest) State School Finance System Which Results in Revenue Dispar- ities Based on Wealth of School Districts Does Not Violate Equal Protection (San Antonio Independent School District v. Rodriguez) FEES IN PUBLIC SCHOOLS Textbooks and Supplies are an Essential Part of "Free" Public School Program and Fees Cannot be Charged for Them (Bond v. Public Schools of Ann Arbor School District) CHAPTER 6. SCHOOL PROPERTY BUILDING CODES School District Must Comply with City's Building Code (Ed- monds School District v. City of Mountlake Terrace) CHAPTER 7. TORT LIABILITY NEGLIGENCE Elements of Negligence Duty Standard of Care Proximate or Legal Cause Injury or Actual Loss Teacher's Leaving Schoolroom Not Proximate Cause of Pupil's Injury (Segerman v. Jones) CHAPTER 8. TEACHER PERSONNEL ADMINISTRATION PROCEDURAL DUE PROCESS AND THE NONTENURED TEACHER Procedural Due Process is Not Required Where Teacher is Not Deprived of Constitutional Right (Board of Regents of State Colleges v. Roth) Teacher with De Facto Tenure Entitled to a Hearing Before Ter- mination of Employment (Perry v. Sindermann) GROUNDS FOR DISMISSAL Board's Inference that Teacher's Activity was Social Misbehavior was Arbitrary and Capricious (Fisher v. Snyder) MANDATORY LEAVE FOR PREGNANCY Mandatory Leave Rules and Arbitrary Cut-Off Dates for Preg- nant Teachers Violate Due Process (Cleveland Board of Ed- ucation v. LaFleur) (Cohen v. Chesterfield County School Board) LIABILITY OF ADMINISTRATORS FOR VIOLATING TEACHERS' CIVIL RIGHTS Teacher Unconstitutionally Dismissed Can Claim Damages Under Civil Rights Act of 1871 (McLaughlin v. Tilendis) School District, Trustees, and Superintendent Are "Persons" Sub- ject to Suit Within Meaning of Civil Rights Act of 1871 (Harkless v. Sweeny Independent School District) CHAPTER 9. TEACHER ORGANIZATIONS, THE LAW AN EDUCATIONAL POLICY THE LAW AND EDUCATIONAL POLICY Executive Order l1491--Labor-Management Relations in the Federal Service The Connecticut Statute (Connecticut Teacher Negotiation Act) Collective Bargaining Statutes Federal Legislation Determination of Mandatory Subjects of Negotiation (West Hart- ford Education Assn. v. DeCourcy) Right-to-Work Law Does Not Prohibit Agency Shop Provision (Town of North Kingstown v. North Kingstown Teachers Assn.) Teacher's Sanctions Against School Board is Concerted Action Toward Illegal End (Board of Education, Borough of Union Beach v. New Jersey Education Assn.) Massachusetts Statute Incidence of Public School Strikes Public Employees Must Have Express Legislative Permission t Strike (Anderson Federation of Teachers Local 519 v. School City of Anderson) Injunctive Relief Justified Only Where Strike Constitutes Clea and Present Danger (Armstrong School District v. Arm strong Education Assn.) Binding Arbitration is Not an Unconstitutional Delegation o: School Board's Power (City of Biddeford v. Biddeford Teach ers' Assn.) CHAPTER 10. PUPILS AND THE LAW CONSTITUTIONAL DUE PROCESS Substantive Due Process Procedural Due Process Procedural Due Process Required for Students (Dixon v. Alabama State Board of Education) Standards for Procedural Due Process Procedural Standards in Disciplinary Proceedings Standards of Conduct Expected of Students Investigation of Student Conduct Status of Student Pending Final Action Hearing Committee Procedures Temporary Suspension Requires Procedural Due Process (Goss v. Lopez) Failure to Provide Specialized Education for Handicapped Chil- dren Denies Due Process (Mills v. Board of Education of Dis- trict of Columbia) LIABILITY OF SCHOOL OFFICIALS FOR VIOLATING STU- DENT'S CIVIL RIGHTS School Board Members May be Liable in Damages Under 1983 of the Civil Rights Act if Their Actions Violate Clearly Established Constitutional Rights of Students (Wood v. Strickland) COMPULSORY SCHOOL ATTENDANCE State Cannot Compel Amish Children to Attend Public High School (State of Wisconsin v. Yoder) PUPIL MARRIAGES PREGNANT STUDENTS Pregnant Unmarried Student Cannot be Excluded from School Attendance (Ordway v. Hargraves) MEMBERSHIP IN SECRET SOCIETIES FREEDOM OF SPEECH AND EXPRESSION Armband Regulation Denies Students Right of Free Speech (Tinker v. Des Moines Independent Community School Dis- trict) Rule Banning Buttons is Not Unconstitutional if it is Reasonably Related to Prevention of Disruptive Conduct (Guzick v. Drebus) Haircut Regulation Upheld (Jackson v. Dorrier) Hair Rule Violated Substantive Due Process (Richards v. Thur- ston) STUDENT PUBLICATIONS Board Unable to Reasonably Forecast Disruption from Student Publication (Scoville v. Board of Education) Policy Requiring Prior Approval of Student Publication Must be Sufficiently Specific to Prevent Arbitrary Administration (Eisner v. Stamford Board of Education) CORPORAL PUNISHMENT Corporal Punishment May be Cruel and Unusual Punishment (Ingraham v. Wright) SEX DISCRIMINATION Admission Standards and Quotas Favoring Male Applicants Are Unconstitutional (Bray v. Lee) League Rule Barring Girls Participation in Interscholastic Ath- letics is Unconstitutional (Brenden v. Independent School District 742) Public Law 92-318 (Title IX--Prohibition of Sex Discrimination) SEARCH AND SEIZURE Vice-Principal Obligated to Inspect School Locker (People v. Overton) School Official with Reasonable Suspicion has Authority to Search Student, Although Chase Carried Off School Grounds (People v. Jackson) School Authority had Reasonable Suspicion to Believe Student's Jacket Contained Contraband, Search Held Legal (State v. Baccino) HIGH SCHOOL ATHLETIC ASSOCIATIONS CHAPTER 11. RACIAL SEGREGATION AND THE SCHOOLS Page Federal Officials Cannot Permit Funding Assistance to School Districts Not in Compliance with Civil Rights Act of 1964 (Adams v. Richardson) CIVIL RIGHTS ACT OF 1964 Civil Rights Act Examines Effect of Testing Procedures and Edu- cational Requirements on Promotion Where Discrimination is Result (Griggs v. Duke Power Company) DESEGREGATE AT ONCE Dual School Systems are to be Terminated at Once and Unitary Systems are to Begin Immediately (Alexander v. Holmes) BUSING AS AN ALTERNATIVE Busing to Overcome Racial Segregation is a Judicially Acceptable Alternative in De Jure States (Swann v. Charlotte-Mecklen- burg Board of Education) DE FACTO SEGREGATION School Board Actions May Create Unconstitutional Segregation in a State Which has Never had De Jure Segregation (Keyes v. School District # 1) SCHOOL DISTRICT REORGANIZATION Multi-district Integration is an Improper Remedy to Overcome Single-district De Jure Segregation (Milliken v. Bradley) CONGRESSIONAL RESPONSE Equal Education Opportunities Act (Elementary and Secondary Education Amendments of 1974, Title II) |