School law for Private School School law for Private School Administrators Administrators

Important school law cases affecting private school administration.Important school law cases affecting private school administration.

Denise L. Donohue, MCSL Denise L. Donohue, MCSL

Doctoral Candidate Nova Southeastern UniversityDoctoral Candidate Nova Southeastern University

Lilly Rangel-DiazLilly Rangel-Diaz

IREACH, Center for Education Advocacy, Inc.IREACH, Center for Education Advocacy, Inc.

Overview of presentationOverview of presentation

Categories of law and their affect on private Categories of law and their affect on private schools. schools.

1. Constitutional Law (3% of presentation)1. Constitutional Law (3% of presentation)

2. Federal and State 2. Federal and State

statutes and regulations (47%)statutes and regulations (47%)

3. Common Law (.5%)3. Common Law (.5%)

4. Contract Law (47.5%)4. Contract Law (47.5%)

5. Tort law cases (2%)5. Tort law cases (2%)

*Constitutional Law**Constitutional Law*

The Constitution of the United States The Constitution of the United States and the Bill of Rights are the and the Bill of Rights are the framework for public school law.framework for public school law.

Public schools are governmental Public schools are governmental agencies and administers of public agencies and administers of public schools are public officials.schools are public officials.

All Federal regulations, and State All Federal regulations, and State constitutions and state regulations, constitutions and state regulations, must follow the Constitution and Bill must follow the Constitution and Bill of Rights.of Rights.

Public school policies must follow Public school policies must follow these documents.these documents.

Critical Amendments pertaining to Critical Amendments pertaining to Public School LawPublic School Law

Amendment IAmendment I.. – – Freedom of speech, press, assembly, Freedom of speech, press, assembly, petition of government. “Congress shall make no law petition of government. “Congress shall make no law respecting an establishment of religion, or prohibiting the respecting an establishment of religion, or prohibiting the free exercise thereof…”free exercise thereof…”

Amendment IVAmendment IV – – No unreasonable search or seizure.No unreasonable search or seizure.

Amendment VAmendment V – – No person shall be deprived of life, No person shall be deprived of life, liberty, or property without due process of law.liberty, or property without due process of law.

Amendment XIVAmendment XIV – – State law must follow federal law State law must follow federal law (Amendment V).(Amendment V).

Critical Court Cases pertaining Critical Court Cases pertaining to Public School Lawto Public School Law

Dixon v. Alabama State Board of Ed. Dixon v. Alabama State Board of Ed. (1961)(1961) Students have a right to Due Process.Students have a right to Due Process.

Tinker v. Des MoinesTinker v. Des Moines (1969) (1969) First amendment rights of Free Speech canFirst amendment rights of Free Speech can not be denied without Due Process.not be denied without Due Process.

Goss v. LopezGoss v. Lopez (1974) (1974) Students were suspended from school forStudents were suspended from school for 10 days without Due Process.10 days without Due Process.

Interesting court cases applicable Interesting court cases applicable to faith-based schoolsto faith-based schools

Engle v. VitaleEngle v. Vitale (1962) (1962) Banned school sponsored prayer.Banned school sponsored prayer. Abington School District v. SchemppAbington School District v. Schempp (1963) (1963) No longer can the bible be read at the No longer can the bible be read at the beginning of the school day.beginning of the school day. Lee v. WeismanLee v. Weisman (1992) (1992) Banned school sponsored prayer at graduation Banned school sponsored prayer at graduation ceremonies.ceremonies. Jones v. Clear Creek ISDJones v. Clear Creek ISD (1992) (1992) Banned school sponsored prayer at athletic Banned school sponsored prayer at athletic

events.events.

* Federal and State statutes and regulations** Federal and State statutes and regulations*

Federal Laws and regulationsFederal Laws and regulations NCLB: No Child Left Behind Title FundsNCLB: No Child Left Behind Title Fundshttp://www2.ed.gov/policy/elsec/leg/esea02/index.htmlhttp://www2.ed.gov/policy/elsec/leg/esea02/index.html

FERPA: Family Educational Rights and Privacy Act (Buckley FERPA: Family Educational Rights and Privacy Act (Buckley Amendment)Amendment)

FMLA: Family Medical Leave Act – applies if school employees FMLA: Family Medical Leave Act – applies if school employees over 50 employees within a 75mile radius.over 50 employees within a 75mile radius.

Civil Rights Act of 1964 – Title VII 2 U.S.C Sec. 2000e-1(a) andCivil Rights Act of 1964 – Title VII 2 U.S.C Sec. 2000e-1(a) and 42 U.S.C. Sec. 2000e-2(e)(1). Religious exemption for 42 U.S.C. Sec. 2000e-2(e)(1). Religious exemption for

hiring.hiring.

Laws pertaining to disabilitiesLaws pertaining to disabilities

ADA: Americans with Disabilities ADA: Americans with Disabilities Act (1990) Act (1990) Applies to students and Applies to students and

employees.employees.

IDEA: Individuals with DisabilitiesIDEA: Individuals with Disabilities Education Act (1990) Education Act (1990) (IDEIA, 2004) Applies to students.(IDEIA, 2004) Applies to students.

Section 504: Rehabilitation Act of 1973Section 504: Rehabilitation Act of 1973 Applies to students and employees.Applies to students and employees.

State statutes and regulationsState statutes and regulations

Examples of common regulations include:

Mandatory attendance rules

State History requirements

Registration and teacher certification

See Dept. of Education publication atwww.ed.gov/admins/comm/choice/regprivschl/

index.html

Pierce v. Society of SistersPierce v. Society of Sisters 268 268 U.S. 510 (1925)U.S. 510 (1925)

1922 Oregon Compulsory education act required 1922 Oregon Compulsory education act required all children from 8 to 16 to attend public school.all children from 8 to 16 to attend public school.

School Sisters operated state approved School Sisters operated state approved academies and orphanages.academies and orphanages.

Supreme Court ruled States could not require Supreme Court ruled States could not require students to attend students to attend only public schoolsonly public schools because because 1414thth amendment provides a liberty interest for amendment provides a liberty interest for parents to decide their child’s education.parents to decide their child’s education.

Lilly Rangel-Diaz – Lilly Rangel-Diaz –

Laws to know governing students Laws to know governing students with disabilitieswith disabilities

ADA, IDEA, 504ADA, IDEA, 504

Common Law or Case LawCommon Law or Case Law

““Common law consists of the judgments, Common law consists of the judgments, opinions, and decisions of courts adopting opinions, and decisions of courts adopting and enforcing preceding usages and and enforcing preceding usages and customs…case law relies on past court customs…case law relies on past court decisions, which are called precedents” decisions, which are called precedents” (Essex, (Essex,

2012, p.3).2012, p.3).

Case law applies to the jurisdiction in Case law applies to the jurisdiction in which it was determined. Does not apply which it was determined. Does not apply to other jurisdictions outside its area.to other jurisdictions outside its area.

Contract LawContract Law

Contract law is the predominant law Contract law is the predominant law governing private schools. governing private schools. Shaughnessy, (1989).Shaughnessy, (1989).

Three primary sources of Contract LawThree primary sources of Contract Law

1.1. Teacher/Staff contractsTeacher/Staff contracts

2.2. Faculty/Personnel HandbookFaculty/Personnel Handbook

3.3. Student/Family HandbookStudent/Family Handbook

Basic elements of a contractBasic elements of a contract

Mutual assentMutual assent – – legal offer and acceptance.legal offer and acceptance.

Legally competent partiesLegally competent parties

ConsiderationConsideration – – generally involves money.generally involves money.

Subject matter that is legalSubject matter that is legal (ie. Non-(ie. Non-discriminatory)discriminatory)

Proper legal formProper legal form – – based upon state requirements.based upon state requirements.

Faculty/Staff ContractFaculty/Staff Contract

Primary document governing relationship Primary document governing relationship between employer and employee. between employer and employee.

States wages, number of days worked per year, States wages, number of days worked per year, teaching and non-teaching duties, probationary teaching and non-teaching duties, probationary period,period, “at will” “at will” clause.clause. Includes reference to the Includes reference to the Faculty and Student handbook as part of the Faculty and Student handbook as part of the employee contract.employee contract.

Violation of Church’s teaching is cause for Violation of Church’s teaching is cause for dismissal*. dismissal*.

Signature of contract includes acceptance of Signature of contract includes acceptance of

Handbooks.Handbooks.

InterviewingInterviewing Impermissible inquiries when hiring:Impermissible inquiries when hiring: Marital status and family situations* Marital status and family situations* Non-job related inquiries into personalNon-job related inquiries into personal history and associationshistory and associations

Non-job related education and work Non-job related education and work history history Shaughnessy, M. (1989)Shaughnessy, M. (1989)

Civil Rights Act of 1964: Non-discrimination clause on the Civil Rights Act of 1964: Non-discrimination clause on the basis of Race, color, basis of Race, color, religionreligion, sex, national origin., sex, national origin.

Civil Rights Act against Age Discrimination 1967: can not Civil Rights Act against Age Discrimination 1967: can not discriminate against age.discriminate against age.

Americans with Disabilities Act (1990).Americans with Disabilities Act (1990). **http://http://www.eeoc.gov/laws/practices/inquiries_marital_status.cfmwww.eeoc.gov/laws/practices/inquiries_marital_status.cfm

Interviewing Interviewing continuedcontinued

Permissible inquiries when hiring:Permissible inquiries when hiring:

“ “Are you a Catholic in good Are you a Catholic in good standing with the Church?”standing with the Church?”

“ “Is there any condition or situation Is there any condition or situation that may cause you to have a problem that may cause you to have a problem with regular attendance?” with regular attendance?” Shaughnessy, (1991), p. 53Shaughnessy, (1991), p. 53

Faculty HandbooksFaculty HandbooksReview and update Handbook annuallyReview and update Handbook annually

Include: Include: Philosophy, Mission, Vision, Goals, ObjectivesPhilosophy, Mission, Vision, Goals, Objectives Teaching duties: curriculum guides, lesson plans/instruction,Teaching duties: curriculum guides, lesson plans/instruction, communication with parents, supervision, gradingcommunication with parents, supervision, grading scale & reporting, professionalism (relationships/boundaries).scale & reporting, professionalism (relationships/boundaries). Non-teaching duties: attendance at school meetings, extra-Non-teaching duties: attendance at school meetings, extra-

curricularcurricular expectations, student discipline.expectations, student discipline. Personnel issues: dress code, leaving building during school day, Personnel issues: dress code, leaving building during school day, sick leave policy, Bishops safe environment with signature sick leave policy, Bishops safe environment with signature

pagepage (if applicable).(if applicable).

Supervision & evaluation policies: Formative/summative, writtenSupervision & evaluation policies: Formative/summative, written documentation and employee right to respond.documentation and employee right to respond.

Loss of Constitutional Protections Loss of Constitutional Protections of:of:

First Amendment of Freedom of SpeechFirst Amendment of Freedom of Speech Fifth Amendment of Due ProcessFifth Amendment of Due Process

School is a private entity operating under School is a private entity operating under primarily contract law. primarily contract law.

Unless direct and substantial State interest is involved (to Unless direct and substantial State interest is involved (to warrant public school “status”) constitutional protections do warrant public school “status”) constitutional protections do not apply. Areas to review for State interest include state not apply. Areas to review for State interest include state funding, state control, tax exempt status, public benefit or funding, state control, tax exempt status, public benefit or function.function.

Unless a Due Process procedure is included in the contract or Unless a Due Process procedure is included in the contract or handbook, it does not apply. If it handbook, it does not apply. If it isis included in either, it included in either, it must be followed.must be followed.

Loss of the 1Loss of the 1stst , 5 , 5thth and 14 and 14thth AmendmentsAmendments

Rendell-Baker v. KohnRendell-Baker v. Kohn 457 U.S. 830 (1982) 457 U.S. 830 (1982) Loss of freedom of speech, due processLoss of freedom of speech, due process

Rendell-Baker was a counselor at a private school. Rendell-Baker was a counselor at a private school. She advocated and voiced a position against the She advocated and voiced a position against the private school’s board and was summarily private school’s board and was summarily dismissed. She brought suit against the principal dismissed. She brought suit against the principal (Kohn) for violation of the First Amendment of the (Kohn) for violation of the First Amendment of the Freedom of Speech and Fifth and Fourteen Freedom of Speech and Fifth and Fourteen Amendment for the loss of due process.Amendment for the loss of due process.

Even though the school received 90% of its Even though the school received 90% of its operational income from state funding “the court operational income from state funding “the court declined to find the presence of state action declined to find the presence of state action significant enough to warrant constitutional significant enough to warrant constitutional protections” protections” (Shaughnessy, 1991, p.10)(Shaughnessy, 1991, p.10)

““Violation of Church’s teaching is Violation of Church’s teaching is cause for dismissal.” cause for dismissal.” Faculty Contract.Faculty Contract.

Civil rights code of 1964 of non-discrimination against Civil rights code of 1964 of non-discrimination against race, color, sex, and national origin stands, except race, color, sex, and national origin stands, except for for religion religion and Civil rights code of 1967 against Age and Civil rights code of 1967 against Age discrimination,discrimination,

Dolter v. Wahlert High SchoolDolter v. Wahlert High School 483 F. Supp. 266 483 F. Supp. 266 (1980): Dolter, a female, unmarried teacher at a (1980): Dolter, a female, unmarried teacher at a Catholic school became pregnant and took school to Catholic school became pregnant and took school to court after they refused to rehire her. Dolter court after they refused to rehire her. Dolter presented evidence that males were rehired who presented evidence that males were rehired who also had pre-marital sex.also had pre-marital sex.

Court said there was no entanglement between Court said there was no entanglement between church and state for them to rule on equal treatment church and state for them to rule on equal treatment for males and females. Court ruled for Dolter.for males and females. Court ruled for Dolter.

Apply rules EQUALLY to males and females.Apply rules EQUALLY to males and females.

““Violation of Church’s teaching is Violation of Church’s teaching is cause for dismissal.” cause for dismissal.” Faculty Contract.Faculty Contract.

Bob Jones University v. United StatesBob Jones University v. United States 103 103 S.Ct. 2017 (1983). The private university S.Ct. 2017 (1983). The private university discriminated on the basis of discriminated on the basis of racerace and lost and lost its non-profit status as a result. The state its non-profit status as a result. The state made a “compelling interest” case for made a “compelling interest” case for racial equality for exempt status and won.racial equality for exempt status and won.

““Violation of Church’s teaching is Violation of Church’s teaching is cause for dismissal.” cause for dismissal.” Faculty Contract.Faculty Contract.

Steeber v. Benilde-St. Margaret’s Steeber v. Benilde-St. Margaret’s High School No. D.C. 739 378, High School No. D.C. 739 378, Hennepin County, MinnesotaHennepin County, Minnesota (1978). (1978). Teacher protested the non-renewal Teacher protested the non-renewal of her contract following her of her contract following her remarriage after a civil divorce. Rules remarriage after a civil divorce. Rules were written in teacher contract. were written in teacher contract. Courts ruled for view of church Courts ruled for view of church teaching based upon contract law.teaching based upon contract law.

““Violation of Church’s teaching is Violation of Church’s teaching is cause for dismissal.” cause for dismissal.” Faculty Contract.Faculty Contract.

Weithoff v. St. Veronica SchoolWeithoff v. St. Veronica School 210 210 N.W. 2d 108 Michigan (1973). N.W. 2d 108 Michigan (1973). Teacher was not rehired because of Teacher was not rehired because of her marriage to an ex-priest. Court her marriage to an ex-priest. Court ruled for school, but because new ruled for school, but because new rules requiring teachers to be rules requiring teachers to be practicing Catholics practicing Catholics was not was not promulgated, promulgated, court assessed court assessed damages due to plaintiff (teacher).damages due to plaintiff (teacher).

No unions required in No unions required in Catholic SchoolsCatholic Schools

National Labor Relations Board v. National Labor Relations Board v. Catholic Bishop of Chicago,Catholic Bishop of Chicago, 440 U.S. 490 440 U.S. 490 (1979)(1979)

No union, no grievance procedure,No union, no grievance procedure,

no tenure.no tenure.

Common law may indicate a Common law may indicate a de factode facto tenure. If teacher is tenure. If teacher is employed for over three years, then expectation of employed for over three years, then expectation of continued employment may exist. continued employment may exist.

Student HandbooksStudent Handbooks

This is contract between student/family and This is contract between student/family and school. Have student/family read and sign school. Have student/family read and sign handbook signature page each year handbook signature page each year indicating they have read and agree to indicating they have read and agree to handbook policies. Handbook must be handbook policies. Handbook must be promulgatedpromulgated. Policies which are not . Policies which are not promulgated are not promulgated are not enforceableenforceable..

Can’t include everything in Handbook, so Can’t include everything in Handbook, so use phrase such as “the principal is the final use phrase such as “the principal is the final recourse in all disciplinary situations and recourse in all disciplinary situations and may waive any disciplinary rule for just may waive any disciplinary rule for just cause at his or her discretion” cause at his or her discretion” (Shaughnessy, M., 1989, p. 62)(Shaughnessy, M., 1989, p. 62)

Guidelines for the development of Guidelines for the development of rules of conductrules of conduct

Rule must be published to studentsRule must be published to students Rule must have a legitimate Rule must have a legitimate

educational purpose.educational purpose. Must have a rational relationship to Must have a rational relationship to

the educational purposethe educational purpose Meaning of the rule must be clearMeaning of the rule must be clear Reutter, E. (1977)Reutter, E. (1977)

Students do not have 1Students do not have 1stst or 5 or 5thth Amendment rights Amendment rights

(Freedom of speech or due process).(Freedom of speech or due process).

Handbook dictates any “due Handbook dictates any “due process” procedure such as a Notice process” procedure such as a Notice and Hearing. If this exists it must be and Hearing. If this exists it must be done.done.

Special Tort CasesSpecial Tort Cases

NegligenceNegligence Corporal punishmentCorporal punishment Search and seizureSearch and seizure DefamationDefamation

NegligenceNegligence

Definition: “Failure to exercise a Definition: “Failure to exercise a reasonable standard of care that reasonable standard of care that results in harm or injury to another results in harm or injury to another person” person” Essex, 2010, p.170. Essex, 2010, p.170.

Four elements must be present: duty, Four elements must be present: duty, violation of duty, proximate cause violation of duty, proximate cause and injury.and injury.

Sample case: Sample case: Titus v. LindbergTitus v. Lindberg 228 228 1A. 2d 65 (N.J., 1967)1A. 2d 65 (N.J., 1967)

The school administrator was found The school administrator was found liable of student injury when a liable of student injury when a student was hurt before school. The student was hurt before school. The administrator was at the school and administrator was at the school and knew that students gathered before knew that students gathered before school opened. No rules were school opened. No rules were established regarding early arrivals established regarding early arrivals and no supervision was provided.and no supervision was provided.

Diamantes, T. & Roby, D. (2000)Diamantes, T. & Roby, D. (2000)

Corporal PunishmentCorporal Punishment

May be allowed by state statuteMay be allowed by state statute Punishment should be for the Punishment should be for the

correction of a misbehavior (not correction of a misbehavior (not academic failure)academic failure)

Punishment should not leave a Punishment should not leave a permanent or lasting injurypermanent or lasting injury

Punishment must be administered Punishment must be administered with an appropriate instrumentwith an appropriate instrument

The number of blows should probably The number of blows should probably not exceed three. not exceed three. Shaugnessy, 1989, p. 87Shaugnessy, 1989, p. 87

Search and SeizureSearch and Seizure New Jersey v. T.L.O.New Jersey v. T.L.O. 105 S.Ct. 733 (1985) 105 S.Ct. 733 (1985)

Public school case which established that Public school case which established that schools only need reasonable cause, instead schools only need reasonable cause, instead of probable cause, to search students of probable cause, to search students possessions.possessions.

Not applicable to private schools, BUT there Not applicable to private schools, BUT there should be some policy in place for searches in should be some policy in place for searches in schools. Desks and lockers are considered schools. Desks and lockers are considered school property. Courts will look to ‘reasonable school property. Courts will look to ‘reasonable person’ rules to establish tort cases – person’ rules to establish tort cases – how was how was thethe search conductedsearch conducted, , justification at its justification at its inceptioninception individualized suspicionindividualized suspicion..

DefamationDefamation

Definition: “Includes both Definition: “Includes both libel (what libel (what is written) and slander (what is is written) and slander (what is spoken).spoken). Defamation is that which Defamation is that which tends to injure the reputation; to tends to injure the reputation; to diminish the esteem, respect, diminish the esteem, respect, goodwill or confidence in which the goodwill or confidence in which the plaintiff is held, or to excite adverse, plaintiff is held, or to excite adverse, derogatory or unpleasant feelings or derogatory or unpleasant feelings or opinions against him…” opinions against him…” Black’s Law DictionaryBlack’s Law Dictionary

Defamation Defamation continuedcontinued

Administrators need to take care that Administrators need to take care that all written documentation is all written documentation is behaviorally-based, verifiable, and behaviorally-based, verifiable, and objective since both student and objective since both student and personnel files are viewable to all personnel files are viewable to all parties.parties.

Keep subjective written observations Keep subjective written observations in a separate file.in a separate file.

SummarySummary

Know the source of law which pertains to Know the source of law which pertains to the situation. Is it the situation. Is it ConstitutionalConstitutional law, law, commoncommon law, law, contract contract law or law based on law or law based on a a Federal or State StatuteFederal or State Statute? Don’t forget ? Don’t forget individual torts based on negligence!individual torts based on negligence!

Review and update Contracts and all Review and update Contracts and all Handbooks or Personnel Policy manuals at Handbooks or Personnel Policy manuals at least annually. Most all Private School Law least annually. Most all Private School Law is based on Contract Law.is based on Contract Law.

ReferencesReferencesBoard of regents of State Colleges v. RothBoard of regents of State Colleges v. Roth 408 U.S. 564. Retrieved 408 U.S. 564. Retrieved

from http://www.law.cornell.from http://www.law.cornell.edu/supct/html/historics/USSC_CR_0408_0564_ZS.htmledu/supct/html/historics/USSC_CR_0408_0564_ZS.html

Casebriefs. (2012Casebriefs. (2012). Pierce v. Society of Sisters). Pierce v. Society of Sisters 268 U.S. 510, 45 S.Ct. 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070, 1925571, 69 L.Ed. 1070, 1925U.S. Retrieved at U.S. Retrieved at http://www.casebriefs.com/blog/law/family-law/family-law-keyed-http://www.casebriefs.com/blog/law/family-law/family-law-keyed-to-to- weisberg/private-family-choices-constitutional-protection-weisberg/private-family-choices-constitutional-protection-for-the-family-and-its-for-the-family-and-its-members/pierce-v-society-of-sisters/members/pierce-v-society-of-sisters/

Diamantes, T. & Roby, D. (2000). Student injuries and school: Who is Diamantes, T. & Roby, D. (2000). Student injuries and school: Who is responsible. You be theresponsible. You be the judge. judge. The Clearing House, 73The Clearing House, 73 (6), 308-311. Retrieved from (6), 308-311. Retrieved from http://www.jstor.org/discovehttp://www.jstor.org/discover/10.2307/30189606?r/10.2307/30189606?uid=3739600&uid=2129&uid=2&uid=70&uid=3739256&sid=uid=3739600&uid=2129&uid=2&uid=70&uid=3739256&sid=5592282009355922820093

Dixon et. al. v. Alabama State Board ofDixon et. al. v. Alabama State Board of Education Education 186 F. Supp. 945; 186 F. Supp. 945; 1960 U.S. District. LEXIS1960 U.S. District. LEXIS3482. Retrieved from 3482. Retrieved from http://justice.law.stetson.edu/courses/casedigests/dixon.pdfhttp://justice.law.stetson.edu/courses/casedigests/dixon.pdf

Dolter v. Wahlert High SchoolDolter v. Wahlert High School 483 F. Supp. 266 (1980). 483 F. Supp. 266 (1980).

ReferencesReferences

Essex, N. (2012). Essex, N. (2012). School law and the public schools.School law and the public schools. Upper Saddle Upper Saddle River, NJ: Pearson.River, NJ: Pearson.

Justia.com U.S. Supreme Court Center. (2012Justia.com U.S. Supreme Court Center. (2012). Rendell-Baker v. ). Rendell-Baker v. KohnKohn 457 U.S. 830 (1982) 457 U.S. 830 (1982)

Retrieved from Retrieved from http://supreme.justia.com/cases/federal/us/457/830/http://supreme.justia.com/cases/federal/us/457/830/

Oyez Project: U.S. Supreme Court Media. The Oyez Project, Oyez Project: U.S. Supreme Court Media. The Oyez Project, Bob Bob Jones University v. UnitedJones University v. United

StatesStates 103 S.Ct. 2017 (1983). Retrieved at 103 S.Ct. 2017 (1983). Retrieved at http://www.oyez.org/cases/1980-http://www.oyez.org/cases/1980- 1989/1982/1982_81_31989/1982/1982_81_3

Oyez Project: U.S. Supreme Court Media. The Oyez Project, Oyez Project: U.S. Supreme Court Media. The Oyez Project, Goss v. Goss v. LopezLopez, 419 U.S. 565, 95, 419 U.S. 565, 95

S.Ct. 729, 42 L.Ed.2d 725 (1975). Retrieved at S.Ct. 729, 42 L.Ed.2d 725 (1975). Retrieved at http://www.oyez.org/cases/1970-1979http://www.oyez.org/cases/1970-1979

1974/1974_73_8981974/1974_73_898 Oyez Project: U.S. Supreme Court Media. The Oyez Project, Oyez Project: U.S. Supreme Court Media. The Oyez Project,

National Labor Relations Board v.National Labor Relations Board v. Catholic Bishop of ChicagoCatholic Bishop of Chicago, 440 U.S. 490 (1979). Retrieved , 440 U.S. 490 (1979). Retrieved

from http://www.oyez.orgfrom http://www.oyez.org /cases/1970-1979/1978/1978_77_752/cases/1970-1979/1978/1978_77_752

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Project, Project, New Jersey v. T.L.O.New Jersey v. T.L.O.Retrieved from http://oyez.org/cases/1980-Retrieved from http://oyez.org/cases/1980-1989/1983/1983_83_7121989/1983/1983_83_712

Oyez Project: U.S. Supreme Court Media website: The Oyez Oyez Project: U.S. Supreme Court Media website: The Oyez Project, Project, Tinker v. Des MoinesTinker v. Des Moines, 393, 393U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 733 (1969). Retrieved at U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 733 (1969). Retrieved at http:// www.oyez.org/caseshttp:// www.oyez.org/cases1960-1969/1968/1968_211960-1969/1968/1968_21

Reutter, E. (1977). Reutter, E. (1977). The courts and student conduct.The courts and student conduct. Topeka, Topeka, KS: NOLPE (ERIC DocumentKS: NOLPE (ERIC DocumentReproduction Service No. ED 006 406), 1977.Reproduction Service No. ED 006 406), 1977.

Shaughnessy, M. (1989). Shaughnessy, M. (1989). School handbooks: Some legal School handbooks: Some legal considerationsconsiderations. Washington, D.C.: . Washington, D.C.: NCEA.NCEA.

Shaughnessy, M. (1991). Shaughnessy, M. (1991). The law and Catholic schools: The law and Catholic schools: Approaching the new millennium.Approaching the new millennium.Washington, D.C.: NCEA.Washington, D.C.: NCEA.

ReferencesReferencesSteeber v. Benilde-St. Margaret’s High School No. D.C. 739 Steeber v. Benilde-St. Margaret’s High School No. D.C. 739

378, Hennepin County, Minnesota 378, Hennepin County, Minnesota (1978).(1978).

U.S. Equal Opportunity Employment Commission (2012). U.S. Equal Opportunity Employment Commission (2012). Pre-Pre-Employment inquires andEmployment inquires and marital status or number of childrenmarital status or number of children. Retrieved from . Retrieved from http://www.eeoc.gov/laws/ http://www.eeoc.gov/laws/ practices/inquiries_marital_status.cfmpractices/inquiries_marital_status.cfm

U.S. Equal Opportunity Employment Commission. (2012). U.S. Equal Opportunity Employment Commission. (2012). Title Title VII of the civil rights act ofVII of the civil rights act of1964.1964. Retrieved from Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfmhttp://www.eeoc.gov/laws/statutes/titlevii.cfm

U.S. Department of Education. U.S. Department of Education. Elementary and Secondary Elementary and Secondary Education.Education. No child left behindNo child left behindtitle funds.title funds. Retrieved at Retrieved at http://www2.ed.gov/policy/elsec/leg/esea02/index.htmlhttp://www2.ed.gov/policy/elsec/leg/esea02/index.html

U.S. Department of Education. U.S. Department of Education. Elementary and Secondary Elementary and Secondary Education. Family educational Education. Family educational rights and privacy act. rights and privacy act. Retrieved at http://www2.ed.gov/policy/gen/guid/fpco/ferpa Retrieved at http://www2.ed.gov/policy/gen/guid/fpco/ferpa

/index.html/index.html

ReferencesReferencesU.S. Department of Education. (2009). U.S. Department of Education. (2009). State regulation of State regulation of

private schools.private schools. Retrieved from Retrieved from

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Retrieved from http://www.dol.gov/whd/fmla/Retrieved from http://www.dol.gov/whd/fmla/