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American Public Education Law Primer

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David C. Bloomfield

This clear, readable introductory text for undergraduate and graduate Education Law courses or modules offers a practical guide to everyday problems such as student expression, discipline, religion, curriculum, social media, privacy, charter schools, discrimination, special education, and more. Features include distinctions among school, district, state, and federal law; the Facts and Find research method; the Cascade approach to the American legal system; lobbying advice; and the new federal Every Student Succeeds Act (ESSA), the replacement to No Child Left Behind. Written by the ex-Counsel to the New York City Board of Education and a graduate of Columbia University Law School, American Public Education Law Primer is more than an academic text, presenting the real world of Education Law to benefit professionals, parents, and the general public.
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Chapter 2: Student Issues

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CHAPTER TWO

Student Issues



The average day in a public school would seem to be free from legal concerns. Buses arrive, attendance is taken, teachers teach, students study, administrators take care of paperwork, lunch is served, then dismissal when after-school teams and clubs meet. There is the general throb of instructional and social life. But beneath the surface, complex legal arrangements both dictate and react to the daily hum.

Bill of Rights

the first ten amendments to the U.S. Constitution, encompassing basic personal freedoms and limits on government interference with those rights

First Amendment

the first provision of the Bill of Rights, which includes the rights to freedom of religion, speech, press, assembly, and association, and to demand government action

This chapter looks at a few of the legal issues that exist in schools, primarily as a result of the impact of the Bill of Rights on public schools, and especially those issues arising from the First Amendment. This is not to deny the importance of many other laws that affect the school day, some of which will be explored in later chapters. The bus company has a contract with the school district or the district runs its own transportation service, requiring insurance contracts. Attendance is taken, in part, to leverage state aid according to statutory formulae. Student enrollment is determined, in part, through constitutional and statutory anti-discrimination laws. Certain instructional...

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