1019763_FM_VOL-I.qxp 9/17/07 4:22 PM Page viii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 S 50 R 51 1st Pass Pages American Public School Law Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 11004499XX__0000__FFMM__ppii--xxlliiii..iinndddd ii 1111//2200//1100 44::5500::0011 AAMM This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially a ffect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit w ww.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 5522660099__0000__ffmm__ppii--ppxxxxvvii..iinndddd iiii 22//11//1100 1111::3377::4433 PPMM American Public School Law EIGHTH EDITION Kern Alexander Professor University of Illinois, Urbana-Champaign M. David Alexander Professor Virginia Tech, Blacksburg Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 11004499XX__0000__FFMM__ppii--xxlliiii..iinndddd iiiiii 1111//2200//1100 44::5500::0011 AAMM American Public School Law, © 2012, 2009, 2005 Wadsworth, Cengage Learning Eighth Edition ALL RIGHTS RESERVED. No part of this work covered by the copyright Kern Alexander and M. David Alexander herein may be reproduced, transmitted, stored, or used in any form Publisher: Linda Schreiber-Ganster or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web Acquisitions Editor: Mark Kerr distribution, information networks, or information storage and retrieval Editorial Assistant: Genevieve Allen systems, except as permitted under Section 107 or 108 of the 1976 Assistant Editor: Rebecca Dashiell United States Copyright Act, without the prior written permission of the publisher. 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Locate your local offi ce at: international.cengage.com/region Cengage Learning products are represented in Canada by Nelson Education, Ltd. For your course and learning solutions, visit www.cengage.com Purchase any of our products at your local college store or at our preferred online store www.cengagebrain.com Instructors: Please visit login.cengage.com and log in to access instructor-specifi c resources. Printed in the United States of America 1 2 3 4 5 6 7 14 13 12 11 10 Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 11004499XX__0000__FFMM__ppii--xxlliiii..iinndddd iivv 1111//2200//1100 44::5500::0011 AAMM contents in brief Table of Cases xv Chapter 13 Defamation and Student Records 683 Preface xxxvii Chapter 14 School District Chapter 1 The Legal System 1 Liability 721 Chapter 2 Historical and Legal Chapter 15 Certification, Perspective of Public Schools 27 Contracts, and Tenure 761 Chapter 3 Role of the Federal Chapter 16 Teacher Rights and Government 76 Freedoms 808 Chapter 4 Governance of Public Chapter 17 Due Process Rights of Schools 118 Teachers 865 Chapter 5 Church and State 176 Chapter 18 Discrimination in Employment 899 Chapter 6 School Attendance 283 Chapter 19 Collective Bargaining 966 Chapter 7 The Instructional Program 337 Chapter 20 Desegregation of Public Schools 1001 Chapter 8 Student Speech and Expression 406 Chapter 21 School Finance 1047 Chapter 9 Search and Chapter 22 School Property and Seizure 460 Buildings 1090 Chapter 10 Student Rights: Common Law, Constitutional Due Process, and Statutory Appendix A Selected Constitutional Protections 496 Provisions 1112 Chapter 11 Rights of Students Appendix B Information Helpful in Legal with Disabilities 560 Research 1116 Chapter 12 Tort Liability 631 Index 1119 v Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 11004499XX__0000__FFMM__ppii--xxlliiii..iinndddd vv 1111//2200//1100 44::5500::0011 AAMM 1019763_FM_VOL-I.qxp 9/17/07 4:22 PM Page viii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 S 50 R 51 1st Pass Pages contents Table of Cases xv Chapter 2 Historical and Legal Perspective of Public Schools 27 Preface xxxvii America’s First School Laws 28 The Puritan Influence 28 Chapter 1 The Legal System 1 A System of Education 29 The Nature of Public School Law 2 Preamble to a Bill for the More General Diffusion of Knowledge (1779) 31 Sources of Law 2 Constitutions 3 McDuffy v. Secretary of the Executive Office of Statutes 3 Education 31 Judicial Decisions (Case Law) 4 Education and Natural Law 32 Administrative Law 5 The Struggle for Public Schools 33 Political Neutrality and the Courts 5 Defining the Public Schools 34 Powers and Functions of Courts 7 Education, the Balance-Wheel of Social Machinery, Applying Principles 7 Horace Mann’s Twelfth Report (1848) 35 Interpreting Statutes 8 Education Provisions of State Constitutions 36 Determining Constitutionality 8 Education Provisions as Limitations on The Purpose of Law 9 Legislatures 37 An Invitation to Jurisprudence, Harry W. Jones 9 Rose v. Council for Better Education, Inc. 38 Stare Decisis 9 John Ellis “Jeb” Bush v. Holmes 42 Nature and Authority of Judicial Precedents, Henry Education as a Fundamental Right under State Campbell Black 10 Constitutions 45 Rule of Law 10 Claremont School District v. Governor 47 How to Read a Case 11 Judicial Approval of Common Schools 49 Case or Controversy 12 Commonwealth v. Hartman 50 The American Court System 12 Expansion of Public Schools 52 State Courts 13 Charter Schools 53 Federal Courts 14 Wilson v. State Board of Education 56 Vertical Judicial Federalism: The Legal Context 16 Tuition and Fees in Public Schools 63 Process of Going to Court 17 Beginning the Action 18 Randolph County Board of Education v. Adams 64 Pleading 19 Hartzell v. Connell 66 Discovery 19 Disposition without Trial 19 Chapter 3 Role of the Federal Trial 20 Government 76 Judgment and Remedy 20 Appeal 21 The Land Ordinances 77 Finding the Law 21 Citations 21 Indirect Federal Role 78 Sources of Legal Material 23 Sources of the Federal Role 80 vii Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 11004499XX__0000__FFMM__ppii--xxlliiii..iinndddd vviiii 1111//2200//1100 44::5500::0011 AAMM viii Contents Structural Provisions in the Constitution 81 Grabow v. Montana High School Association 148 Tenth Amendment and State Sovereignty 82 School Officers 150 General Welfare and Education 83 Smith v. Dorsey 151 Arlington Central School District Board of Education v. School Elections 154 Murphy 88 Hadley v. Junior College District of Metropolitan Commerce Clause and Education 90 Kansas City, Mo. 155 United States v. Lopez 92 School Board Meetings 158 Supremacy Clause 94 Aldridge v. School District of North Platte 158 Shepheard v. Godwin 96 Open Meetings and Public Records Laws 161 Obligation of Contracts 98 Open Meetings 162 Eleventh Amendment Immunity 99 Rhode Island Affiliate, American Civil Liberties Union, Rights Provisions in the Constitution 101 Inc. v. Bernasconi 163 Bill of Rights and Absorption by the Fourteenth Public Records 165 Amendment 102 First Amendment 104 Zager v. Chester Community Charter School 166 Fourth Amendment 104 Hovet v. Hebron Public School District 168 Fifth Amendment 104 Eighth Amendment 105 Ninth Amendment 105 Chapter 5 Church and State 176 Fourteenth Amendment 106 Fundamental Rights and Education 107 Background 177 Liberty Rights 107 Wall of Separation 178 Dignity Rights 107 Colonial Establishments 179 San Antonio Independent School District v. The Three Choices 180 Rodriguez 109 Separation Implemented 180 Education as a Unique Governmental An Act for Establishing Religious Freedom, Thomas Function 113 Jefferson 181 Memorial and Remonstrance Against Religious Chapter 4 Governance of Public Assessments, James Madison 182 Schools 118 Church Opposition to Schools of the Republic 183 The Public School and Religion 185 Public Reason and the State 119 Public Taxation to Support Religious Schools 187 Education as a State Function 119 Everson v. Board of Education 187 Limits of State Control 122 Board of Education of Central School District No. 1 v. State ex rel. Clark v. Haworth 122 Allen 190 State and Local Educational Agencies 125 The Establishment Clause and the Lemon McGilvra v. Seattle School District No. 1 126 Test 192 The Lemon Test 193 Johnson v. Burmaster 127 Lemon v. Kurtzman 193 Local Control 130 The Wall Begins to Crumble 197 Owens v. Colorado Congress of Parents, Teachers and Mueller v. Allen 199 Students 131 The Marginalizing of Lemon 201 Functions of Education Agencies 133 The New Establishment Clause Delegation of Legislative Powers 133 Jurisprudence 202 In the Petition to Transfer Territory from High School Agostini v. Felton 204 District No. 6, Lame Deer, Rosebud County, Mitchell v. Helms 207 Montana, to High School District No. 1, Hardin, Big Horn County v. Lame Deer High School Religion and the Reconstruction Era: Grant and District 135 Blaine 211 Administrative or Executive Functions 138 The Founders’ Intent Regarding Separation 214 Quasi-Judicial Functions 139 New Theories of Church and State 216 Hortonville Joint School District No. 1 v. Hortonville Separation 216 Education Association 140 Nonpreferential Subsidization 217 Judicial Review of School Board Actions 142 Subsidization and Collaboration 218 Sioux City Community School District v. Iowa Vouchers 218 Department of Education 144 Zelman v. Simmons-Harris 220 Authority of Interscholastic Organizations 146 Independent Vitality of State Constitutions 223 Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 11004499XX__0000__FFMM__ppii--xxlliiii..iinndddd vviiiiii 1111//2200//1100 44::5500::0011 AAMM