School Law Issues

Resources

• Athletics
  The Athletics page provides a broad range of information on topics such as Title IX, gender equity, student-athlete drug testing and codes of conduct, school district liability for sports-related injuries, and disabled students participation in interscholastic sports.
  
• Curriculum
  Issues involving state and federal standards, teacher and student classroom speech, religious rights, and controversies over instruction, textbooks, and classroom and library materials.
  
• Employment & Labor
  Included is information about the major employment laws affecting schools: Title VII (discrimination and sexual harassment), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). Also, find out more about other employment topics including: collective bargaining, fringe benefits, teacher free speech rights, discipline and discharge of employees, and the No Child Left Behind Act's requirements regarding teacher and paraprofessional qualifications.
  
• Equity and Discrimination
  Issues involving age, disability, race, ethnic origin, gender, and homeless status, including Title VI, Title VII, Title IX, desegregation, McKinney-Vento, and more.
  
• Facilities, Property, and School Business
  School property includes public land, facilities, and equipment. Issues often arise over control of property, purchasing procedure, eminent domain, and buildings and construction. This category also includes legal information on issues arising from school business operations, such as vendor contracts.
  
• Finance
  State constitutional provisions empower or require state legislatures to provide a system of public education. The state legislature has the authority to tax and distribute funds for public schools. Litigation that arises usually involves the methods used to collect taxes and distribute revenue to districts. Many cases question the legal authority of school districts to issue bonds, hold bond elections or impose fees and charges.
  
• Governance
  Read about legal and practical issues related to local school board control and how school boards operate, including: school board ethics, open meetings laws, conflicts of interest, board roles and responsibilities, parliamentary procedure, policy and decision making, strategic planning, budgeting, complaint procedures, elections, committees, board minutes, board self-evaluation, and hearing procedures, as well as the election and appointment of board members and takeovers of school districts by states and mayors.
  
• Health & Nutrition
  Resources and cases pertaining to nutrition and student and employee health issues such as insurance, confidentiality of health records, health-related services, drugs, contagious diseases and accommodations for health conditions.
  
• Legal System
  Public schools function in a complex legal environment. They must comply with constitutional, statutory, regulatory, and judicial legal requirements at the federal, state, and local levels. They may encounter liability claims from any part of this system. This section contains information on the American legal system generally and on general issues of the liability and immunity of public school systems, including insurance.
  
• No Child Left Behind Act
  The No Child Left Behind Act was signed into law on January 8, 2002. It is a massive law that has revamped the Elementary and Secondary Education Act and imposed staggering obligations on public schools. Chief among these are new testing requirements and accountability standards intended to reduce achievement gaps among student sub-groups. But there are many other provisions to which schools will be required to adhere.
  
• Privatization and Choice
  Legal issues involving various reform measures, including public school choice, charter schools, privatization, vouchers, and alternative schools.
  
• Religion
  The religion page is devoted to First Amendment, Establishment, Free Exercise, and Free Speech clause issues related to the role of religion in public schools. Topics covered include: prayer, religious instruction, religious garb, religious observations, and religious displays. This page also looks at claims raised under the federal Equal Access Act.
  
• School Safety
  Issues concerning student safety, school violence, and student rights, including issues of harassment and bullying.
  
• Special Education and Disabilities
  Serving students with disabilities raises many complex legal issues for schools. These issues often involve understanding and complying with federal laws such as the Individuals with Disabilities Education Act, § 504 of the Rehabilitation Act and the Americans with Disabilities Act.
  
• Student Achievement
  Find legal information on standardized tests, high stakes testing, and academic honors.
  
• Student Rights and Discipline
  The student rights and discipline page provides information regarding the challenges school districts face in balancing students' First, Fourth, and Fifth Amendment rights with their educational mission to maintain a safe nondisruptive learning environment. Topics covered will include: due process, equal protection, search and seizure, freedom of speech, free exercise of religion, and privacy issues related to the Family Educational Rights and Privacy Act.
  
• Technology
  The technology page deals with legal issues related to Internet, e-mail, video, and other emerging technology. This section will provide information on E-rate, software filters, social networking and other off-campus student websites and free speech, Internet acceptable use policies, and privacy.