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Bullying and Harassment
A student creates a Web site that contains fake obituaries of fellow students. The school suspends him. The parents then sue and win in court. Incidents of bullying, harassment, and threats in schools are growing, but the line between students' rights to expression and the school's rights to protect children and faculty is increasingly blurred. To create effective disciplinary and management polices, educators need to understand the legal ramifications of their actions. Bullying and Harassment: A Legal Guide for Educators provides the practical information that they need to help students while avoiding litigation pitfalls. In language readily understandable to administrators, teachers, and o...
Keeping the Compound Republic
The framers of the U. S. Constitution focused intently on the difficulties of achieving a workable middle ground between national and local authority. They located that middle ground in a new form of federalism that James Madison called the "compound republic." The term conveys the complicated and ambiguous intent of the framing generation and helps to make comprehensible what otherwise is bewildering to the modern citizenry: a form of government that divides and disperses official power between majorities of two different kinds—one composed of individual voters, and the other, of the distinct political societies we call states. America's federalism is the subject of this collection of ess...
Besieged
School boards are fighting for their survival. Almost everything that they do is subject to regulations handed down from city councils, state boards of education, legislatures, and courts. As recent mayoral and state takeovers in such cities as Baltimore, Chicago, and New York make abundantly clear, school boards that do not fulfill the expectations of other political players may be stripped of what few independent powers they still retain. Teachers unions exert growing influence over board decision-making processes. And with the passage of the No Child Left Behind Act, the federal government has aggressively inserted itself into matters of local education governance. B esieged is the first ...
The School Law Handbook
A parent objects to a curriculum that includes a unit on Greek gods, arguing that it violates the separation of church and state. As a teacher or administrator, how should you respond? This type of issue is one most educators will have to confront eventually, in addition to other hot-button issues such as zero-tolerance policies, drug and alcohol testing, and prayer in schools. The School Law Handbook is designed to enable educators to confront such issues with information, insight, and initiative. The issues are organized into five areas: the school environment, Constitutional issues, students, personnel, and accountability. Within each area are several chapters, each beginning with a reali...
From Schoolhouse to Courthouse
A Brookings Institution Press and the Thomas B. Fordham Institute publication From race to speech, from religion to school funding, from discipline to special education, few aspects of education policy have escaped the courtroom over the past fifty years. Predictably, much controversy has ensued. Supporters of education litigation contend that the courts are essential to secure student (and civil) rights, while critics insist that the courts distort policy and that the mere threat of litigation undermines the authority of teachers and administrators. From Schoolhouse to Courthouse brings together experts on law, political science, and education policy to test these claims. Shep Melnick (Bost...
Campus Rules and Moral Community
Colleges and universities have largely abandoned their traditional stance in loco parentis, as moral guardians over student life, and instead seek to promote toleration while preventing conflict. In this volume David A Hoekema argues that in doing so, they fail to provide an atmosphere conducive to the attainment of the kind of responsible independence that such goals presuppose.
Dilemmas of Scale in America's Federal Democracy
Nationalist and local traditions vie within the American federal system and the American experiment with self-government. Bringing together contributions from history, political science and sociology, this book focuses primarily on the local, seeking to recapture its origins, explain its current impact and assess its worth.
