CALIFORNIA SCHOOL LAW

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1 CALIFORNIA SCHOOL LAW FRANK KEMERER, PETER SANSOM, AND JENNIFER KEMERER STANFORD LAW AND POLITICS An imprint of Stanford University Press Stanford, California 2005

2 Chapter 1 Tables and Figures Abbreviations Preface Law and the California Schooling System What Comprises School Law? Constitutional Law Statutory Law Administrative Law Contract Law Judicial Law The California Schooling Structure Parent Rights and Responsibilities Choosing a Private School Homeschooling Rights within Public Schools Expanding Parent Choice California Charter Schools Starting a Charter School Operating a Charter School Constitutionality of Charter Schools California Private Schools Voucher Programs Summarv XV xvii xxi

3 Chapter2 Attendance, Instruction, and Assessment 44 Attendance 45 The Compulsory Attendance Law 45 Attendance Records 49 Exemptions from Attendance 49 Absences and Truancy 50 Curriculum and Instruction 52 Maintaining a Safe Leaming Environment 52 Curriculum Content Standards 57 Curriculum Censorship 59 Classroom Instruction 60 Class Size Reduction 60 Educating Targeted Groups 61 Teacher Preparation and Evaluation 64 Copyright Law 69 The Internet 71 Controlling Access to Inappropriate Material 73 Privacy and the Internet 76 Disciplining Students for Internet Misuse 76 Online Courses and Cyberschools 77 Assessment and Accountability 79 The Influence of the No Child Left Behind Act 79 Student Assessment 80 School Accountability 84 Summary 88 Chapter 3 Equity, Adequacy, and School Finance 89 Does Money Matter? 90 The Quest for Equity 92 Foundation Funding 92 Litigation 95 State Court: Serrano v. Priest (1971) 95 Federal Court: San Antonio Independent School District v. Rodriguez (1973) 97 State Court: Serrano v. Priest (1976) 99 Proposition

4 The Current California School Finance System 105 Revenue Limit Funding 108 Categorical Aid 109 Other Sources of School Revenue 110 Facilities Funding 111 Funding Charter Schools 113 The Block Grant System 113 The Special Case of Nonclassroom-Based Charters 116 Facilities 116 The Movement toward Adequacy 118 Summary 123 Chapter4 Unions and Collective Bargaining 126 The Three Stages of Collective Bargaining 127 Unionization Stage 127 Contract Negotiation Stage 129 Contract Administration Stage 130 Collective Bargaining under the Educational Employment Relations Act (EERA) 131 The Role of the Public Employment Relations Board (PERB) 133 Covered Employees and Schools 133 Deciding on the Appropriate Bargaining Unit and Choosing a Representative 136 Scopeof Bargaining 137 Contract Negotiation 142 Contract Administration 148 The Grievance and Arbitration System 148 The Role of the Arbitrator 149 Organizational Security Arrangements 151 Future Challenges 154 Summary 158 Chapter5 Employment 160 Classifications and Categories of Public School Employees 161 Property Rights in Employment 163

5 viii I CONTENTS Certificated Employees Credentials Classifications Substitute Temporary Probationary Permanent Evaluation and Reassignment Discipline of Probationary and Permanent Employees Nonreelection and Dismissal of Probationary Teachers Dismissal of Permanent Teachers Immoral or Unprofessional Conduct Unsatisfactory Performance Evident Unfitness for Service Persistent Violation of or Refusal to Obey School Laws The Dismissal Hearing Process Layoff Classified Employees Categories Evaluation and Discipline Dismissal and Layoff Merit System School Districts Administrators The Personnel File Public School Employee Leave Rights Federal and State Antidiscrimination Laws Title VII Americans with Disabilities Act and Section 504 Fair Employment and Housing Act Summary Chapter 6 Rights of Expression Educator Expression Rights Speaking Out on Matters of Public Concern Mt. Healthy Test Complaints about Working Conditions Expression through School Channels Educator Association Rights Whistleblowing

6 Chapter 7 Chapter 8 Student Expression Rights Face-to-Face Communication Expression through School Channels Right of Association Expression Rights in the Classroom Teacher Academic Freedom Student Ciassroom Expression Summary The School and Religion Federal and California Constitutional Law No Government Establishment of Religion Protection for Free Exercise of Religion Manifestations of Religion on Campus The Pledge of Allegiance School Prayer School-Sponsored or Endorsed Public Prayer Private Prayer and Religious Exercise Religion in the Classroom Teaching about Religion Student Religious Papers and Presentations Holiday Observances and Religious Music Graduation Prayer and Religious Speeches Access of Religious Groups to Campus Student Religious Groups and the Equal Access Act Community Use Policies Religiously Based Exemptions Aid to Religious Private Schools Direct Aid Programs Indirect Aid Programs through Vouchers and Tax Credits Summary Students with Disabilities Special Education Law A Brief History Sources of Special Education Law The I.antmapp of Snecial Education

7 Chapter 9 Free Appropriate Public Education (FAPE) Procedural Component Substantive Component FAPE and the Least Restrictive Environment (LRE) Child Find, Referral, Assessment, and Eligibility Child Find and Referral for Initial Assessment Initial Assessment Eligibility Independent Educational Evaluation (IEE) and Reevaluation The IEP Process IEP Team Meetings IEP Contents Special Education and DIS Extended School Year Behavior-Related Assessments and Plans Mental Health Services Placement Transition Plans, the Age of Majority, and Exiting Special Education Private School Students and IDEA Due Process Hearings Stay Put during Hearing Due Process Rights Due Process Remedies Compensatory Education Reimbursement for Educational Expenses Attorney Fees Section 504 and Americans with Disabilities Act (ADA) Section 504 Americans with Disabilities Act (ADA) Summary Student Discipline The Irnportance of Student Discipline Rules California's Legal Framework for Student Discipline Who Can Discipline Due Process of Law

8 Typesof Discipline 330 Discipline Short of Suspension 330 Suspension 330 Expulsion 338 Mandatory Recommendation for Expulsion 339 Mandatory Recommendation for Expulsion Unless Inappropriate 341 Discretionary Expulsion 341 Discipline for an Act Not on School Grounds 343 Involuntary Transfer 345 The Expulsion Process 345 Recommendation for Expulsion 346 The Expulsion Hearing 346 Final Determination by the Governing Board 351 Post-Expulsion Educational Programming 354 Readmission Following Expulsion 354 Appeal of an Expulsion Order 355 Discipline and Special Education 358 Different Types of Disciplinary Removals 359 Short-Term Removals 359 Long-Term Removals 360 Interim Alternative Educational Settings and a Honig Injunction 362 Students Not Yet Identined as Special Education Students 363 Summary 364 Chapter 10 Public Access, Privacy, and Student Search and Seizure 366 Public Access 366 The Brown Open Meetings Act 367 Key Provisions 368 Defining Open Meetings 371 Exceptions to Open Meetings 372 Enforcement 374 The Public Records Act 375 Personal Privacy 377 Employee Lifestyle 378 Student Dress and Grooming 380

9 Student Records, Surveys, and Profiling Student Records Student Surveys and Profiling Student Search and Seizure Student Searches Standards Individual Searches Group Searches Student Seizures Summary 403 Chapter 11 Race and Gender Discrimination 405 Racial Discrimination 406 Racial Discrimination under Federal Law 406 Racial Discrimination under California Law 410 Historical Perspective 410 Remedying Racial Isolation Regardless of Cause 413 Limits on Busing 415 Limits on Affirmative Action and Racial Balancing 416 Finding Other Means of Fostering Diversity 421 Gender Discrimination 424 Constitutional Dimensions 425 Title IX and Its Regulations 428 Racial and Gender Harassment 430 Racial Harassment under Title VI 430 Sexual Harassment and Abuse under Title IX 433 California Unruh Civil Rights Act 435 Summary 437 Chapter 12 Legal Liability 439 Liability under California Law 439 California Tort Claims Act 440 Injury to Students on Campus 442 Injury to Students off Campus 454 Injury to Nonstudents 457 Dangerous Condition of School Property 460 Waiversof Liability 462

10 Counselors and the Duty to Warn 463 A Word about Insurance 464 Fair Employment and Housing Act 466 Liability under Federal Law 467 Liability of Schools under 42 U.S.C. Section Liability of School Employees under 42 U.S.C. Section Summary 473 Appendix A: Glossary of Legal Terminology 477 Appendix B: Finding and Reading Statutes and Judicial Decisions 485 Appendix C: References 490 ListofCases 493 Index 511

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