Council Publications

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New
Desk Reference on Significant U.S. Supreme Court Cases Affecting Public Schools Third Edition 2008.  

This is a compilation of summaries of all of the U.S. Supreme Court Cases affecting public schools.  The third edition has been updated to include all relevant cases handed down since the end of the Court’s 2007-08 term. This desk reference is organized by constitutional provisions and federal statutes upon which the Supreme Court has based its decisions affecting public schools. The table of contents will direct the reader to broad topics, while the descriptive word index can be used for more precise reference to a case on a particular issue. 142 pages. ISBN 978-0-88364-307-5 (List $35, National Affiliates and Council Members $28). This publication is also available for immediate purchase and download via the Council’s eDocs Store.

New
Education Law Cases 2007–2008 is a compilation of summaries of selected education law cases for the period August 2007 through July 2008. Presented in topical format, this publication includes cases from the U.S. Supreme Court, federal appellate and district courts, and state supreme, appellate, and trail courts. Case summaries are grouped by court under broad topics such as employment and labor, student rights and discipline, and religion. Topical and alphabetical tables of cases are provided to assist the reader in finding particular cases. ISBN 978-0-88364-306-8 (List $35, National Affiliates and Council Members $28). This and previous editions are also available for immediate purchase and download via the Council’s eDocs Store.

New
Religion & Public Schools: Striking A Constitutional Balance Third edition, April 2008. In the interval between this publication and the Council’s previous book on religion published in 2001, the Supreme Court has handed down several opinions reflecting a changing approach to resolving Establishment Clause issues. As the jurisprudential landscape shifts, it will be even more imperative that school attorneys understand the law so that they may properly advise their school board clients about how to handle various issues that call for careful balancing between religious freedoms and principles of church-state separation embodied in the First Amendment. 242 pages. Order No. 06-218-W. List $50.00, National Affiliates and Council Members $40.00). Individual chapters are available electronically for $7.00 each, and the entire publication is available for download for $35.00 from the Council’s online eDocs Store.

New
Bullying and Harassment in Schools: An Educational DVD from TASB Legal Services November 2007. Unfortunately, harassment happens in schools—and the perpetrators can be both students and employees. Knowing how to recognize and deal with harassment is essential in assisting victims and ensuring a more positive educational environment. Bullying and Harassment in Schools, a new training DVD produced by TASB Legal Services, is designed to address the many faces of harassment and offer solutions for your school district. The DVD provides the tools needed to recognize, report, and respond to the following types of harassment:

• Employee-to-employee sexual harassment
• Employee-to-employee racial and other harassment
• Employee-to-student sexual harassment
• Student-to-student sexual and other harassment
• Student-to-student bullying

More information and how to use this DVD. Please note that the text of the DVD is national in scope and not Texas specific. (List $332.00).

School Law Practice Seminar November 2007. This CD-Rom is a compilation of the presentations from the School Law Practice Seminar, held November 1-3 in Austin, Texas. Topics include: claims of advocacy related retaliation under section 504; an update from the courts; dealing with electronic record nightmares; educator sexual misconduct; personnel actions in light of Burlington Northern v. Santa Fe Railway Co.; lessons learned from conducting a high profile internal investigation; practical aspects of managing a school law practice; student speech after Morse v. Frederick; preparing for a special education due process hearing; student assignment after the Seattle and Louisville case; a school lawyer’s guide to dealing with pro se plaintiffs and other unrepresented persons; student online expression and the law; and the role of the school board attorney in workplace investigations. ISBN 978-0-88364-302-0 (List $200, National Affiliate and Council members $150).

Investigating Alleged Misconduct by Employees (Revised edition) September 2007. This publication is intended to provide practical tips for handling misconduct investigations in a manner to ensure fair treatment for the accused while affording appropriate and efficient remedies to the school employer. 106 pages. ISBN 978-0-88364-303-7 (List $30, National Affiliates and Council Members $24).

Education Law Cases 2006-2007 August 2007. This reference book compiles summaries of selected education law cases from August 2006 through July 2007. Meant as an overview, it is not a comprehensive education law reporter, but rather a review of cases selected because of their importance to practitioners of school law. The summaries focus on the facts and the courts’ rationale and do not offer commentary or analysis. Presented in a topical format, this publication includes cases from the U.S. Supreme Court, federal appellate and district courts, and state supreme and appellate courts. Case summaries are grouped by court under broad topics such as employment, student rights, liability, and religion. Some case summaries appear in more than one topic. Topical and alphabetical tables of cases are provided to assist the reader in finding particular cases. 131 pages. ISBN 978-0-88364-300-6 (List $30, National Affiliate and Council members $24). Back issues available. This publication is also available on the eDocs Store.

Audio files of the 2007 School Law Seminar June 2007. Sessions include: student free speech rights and school safety concerns; investigating employee misconduct; an update on NCLB; the use of race in public primary and secondary school assignment programs; a guide to permissible activities and accommodations during the holiday season; response to intervention; IDEIA; employment and immigration issues affecting public school employers; update from the courts; ethical obligations of e-discovery rules; and handling insurance litigation. $200 for non members; $150 for members; or $75 for paid School Law Seminar registrants. Your purchase includes a FREE copy of School Law in Review 2007!.

Becoming A Better Board Member: A Guide to Effective School Board Service (Third Edition). Newly expanded and updated for the 21st century, NSBA's best-selling guide to school board service has been revised to incorporate Key Work of School Boards concepts and to reflect new governance realities, including the requirements of No Child Left Behind. Chapters address learning board service; exercising leadership; working with the superintendent and staff; understanding collective bargaining, education law, and school finance; communicating with your colleagues and the public; and contemporary issues in education--including charters, vouchers, and privatization; student demographics; wellness; school construction and design; education technology; and school security. A comprehensive glossary, plus review questions with each chapter, make this a perfect learning tool for the novice and a valuable refresher course for veteran school board members. 340 pages. ISBN 10: 0-88364-291-3 (List $40, National Affiliates and Council Members $32).

2006 Advocacy Seminar Presentations November 2006. This CD-Rom is a compilation of the presentations at the Council's October 2006 advocacy seminar in Kansas City, Missouri. Topics include: sexual orientation, the practitioners role in counseling the client; how to keep dangerous persons away, a school’s right to control unwanted visitors; managing employees with disabilities; how to manage difficult board meetings; the new IDEA; special education advocacy/trial issues; employee workplace speech; terminating employees for off duty misconduct; NCLB; can the “Heckler’s Veto” trump Tinker protected speech; and an update from the courts. Over 600 pages. ISBN 978-0-88364-293-1 (List $200, National Affiliates and Council Members $150). Selected articles are also available at the Council's eDocs Store.

A School Law Primer: Part I revised edition June 2006. Created to meet the needs of the attorney who serves public school districts and those of the school community at large, A School Law Primer: Part I is intended as a training tool to help you keep your clients out of court. Specifically, the Primer was designed to save hundreds of hours in research time, help when you have been called upon to do a presentation, and be a valuable resource for training new associates and clients. Each chapter consists of three main components - a presentation outline and case summaries, participant “notes pages,” and a CD containing Microsoft PowerPoint® slides that correspond to the outline. This revised edition features these subjects: Student Discipline; Student Rights; Special Education; and Teacher Discipline. 06-196-W. ISBN 0-88364-272-7 (List $400.00, National Affiliates and Council Members $320.00.

Chapters (Student Discipline; Student Rights; Special Education; and Teacher Discipline) are available individually on the eDocs Store.

A School Law Primer: Part II (Revised edition, April 2003). Update your law library with the second part of this training tool. Created to meet the needs of the attorneys who serve public school districts and those of the school community at large. Intended as a resource to help you keep your clients out of court, this school law training manual covers such topics as: employee rights, negligence, school safety and sexual harassment. Each chapter consists of three main components -- a presentation outline and case summaries; participant 'notes pages;' and a CD-Rom containing Microsoft Powerpoint slides that correspond to the outline. This publication will save you hundreds of hours in research time, help when you have been called upon to do a presentation -- and need to have the material right at your fingertips, and be a valuable resource for training new associates and clients. Order No. 06-192-W. ISBN 0-88364-266-2 (List $400.00, National Affiliates and Council Members $320.00). Chapters are also available on the eDocs Store.

Education Law Cases 2005-2006 December 2006. This reference book compiles summaries of selected education law cases from August 2005 through July 2006. Presented in topical format, it includes cases from the U.S. Supreme Court, federal appellate and district courts and state supreme and appellate courts. Case summaries are grouped by court under broad topics such as employment, student rights, curriculum, and religion. Topical and alphabetical tables of cases are provided. 86 pages. ISBN 978-0-88364-294-8 (List $25, National Affiliate and Council members $20). Back issues available. This publication is also available on the eDocs Store.

Education Law Cases 2002-2003 October 2003. This reference book compiles summaries of selected education law cases from August 2002 through July 2003. Presented in a topical format, it includes cases from the U.S. Supreme Court, federal appellate and district courts and state supreme and appellate courts. Case summaries are grouped by court under broad topics such as employment, student rights, liability, and religion. It also contains a special section containing only U.S. Supreme Court cases that affect public education. Topical and alphabetical tables of cases are provided. 06-194-W. ISBN 0-88364-270-0 (List $20, National Affiliate and Council members, $16)

From Desegregation to Diversity: A School District's Self-Assessment Guide on Race, Student Assignment, and the Law April 2002. The guide offers advice on how to make student-assignment policy decisions that best serve the educational goals of local school officials while minimizing the legal risks. Co-authored by Edwin C. Darden, senior staff attorney with NSBA's Office of the General Counsel and staff liaison for the Racial Isolation Task Force, and Arthur L. Coleman and Scott R. Palmer, both of Nixon Peabody LLP. 32 pages. Order No. 11-130-W. ISBN 0-88364-253-0(List $16.00, National Affiliates and Council Members $12.00)

From the Ground Up: Legal Issues in School Construction April 2002. As your school district continues to build, renovate and modernize school facilities, make sure you're prepared for any legal issues coming your way. Architect contracts, bidding issues, and environmental concerns are just a few of the issues you need to be ready for. Don't let legal issues delay your planning and building progress. Order this valuable resource today! 202 pages. Order No. 06-184-W. ISBN 0-88364-252-2(List $40.00, National Affiliates and Council Members $32.00)

Inquiry & Analysis First Published January 1977. The NSBA Council of School Attorneys online newsletter on national developments in school law. With your subscription you will receive a free copy of School Law in Review, a compilation of the presentations given at the Annual School Law Seminar. Order No. cosa/w. ISBN 1069-0190(List $120.00)

Legal Handbook on School Athletics March 1997. This monograph provides school attorneys, board members, administrators and athletic directors with a practical understanding of the various legal issues that affect school athletic programs. Topics include the discipline of athletes, due process considerations, eligibility rules, and private school and disabled students athletic participation. Other related topics include drug testing, Title IX, public school sports and religion, injuries during physical education classes and extracurricular activities, and athletic personnel and volunteer issues. 120 pages. Order No. 06-160-W. ISBN 0-88364-206-9(List $35.00, National Affiliates and Council Members $28.00)

Legal Issues & Education Technology: A School Leader’s Guide, Second Edition January 2001.Written by members of NSBA's Council of School Attorneys (COSA), this guide emphasizes preventive strategies and knowledge school leaders need to avoid costly, disruptive litigation as they attempt to successfully blend various technologies into the instructional and administrative work of schools. Contents reflect recent legislation and court decisions and are presented in accessible format and language. Topics include: filters; legal requirements for accessible Web design and ergonomically sound facilities; student and staff privacy rights; COPPA, CIPA, FERPA, ADA compliance issues and updates; copyright; acceptable use policies; off-site data storage policies; commercial agreements with e-businesses; open-meeting. 121 pages. Order No. 03-150-W. ISBN 0-88364-247-6(List $35.00, National Affiliates and Council Members $28.00)

No Child Left Behind Act Resource Documents November 2004. Available for the first time on CD-ROM only, this updated resource manual contains over 100 documents, letters, regulations and guidance from the U.S. Dept. of Education as well as NSBA research and resources on implementation of the law. Conveniently organized by topical areas such as adequate yearly progress (AYP), highly qualified personnel, consequences for schools, etc., this electronic tool provides searchable PDF documents that can either be linked from the table of contents, searched individually, or searched collectively with the electronic index. Print out just the information you need on paper or use the documents in electronic format. This handy tool will save hours of research. Requires up-to-date version of free Acrobat software. Not Mac compatible. (2004; CD-ROM) Order No. 06-201-W. ISBN 0-88364-276-X (List $45, National Affiliate and Council members, $36)

Safe Schools, Safe Communities September 2000. Emphasizing the need for cooperation to prevent and respond to violence at school, this book examines how schools and communities can work together to make our schools safe. Among the topics discussed are the need to balance school safety needs and the rights of individual students, how to deal with threats of violence, the role of the school attorney in response to violence, and how to work with the media in times of crisis. Also included are other helpful materials such as sample interagency agreements, a list of other resources on school safety, warning signs that should trigger school response and sample policies. 98 pages. Order No. 06-177-W. ISBN 0-88364-238-7(List $25.00, National Affiliates and Council Members $20.00)

School Law in Review 2004 May 2004. This digest of papers presented at the 2004 Annual School Law Seminar includes the following topics: the USA PATRIOT Act, civil rights cases and the leadership role of school district attorneys, personnel implications of the No Child Left Behind Act, religion and ceremony, relations with unions, special education, HIPAA and FERPA, and ethics. A special session was dedicated to the 50th Anniversary of the Brown v. Board of Education decision. Order No. 06-197-W. 156 pages. ISBN 0-88364-273-5 (List $40.00, National Affiliates and Council Members $32.00). Selected articles are available on the eDocs Store.

School Law in Review 2005 May 2005. This word searchable CD-Rom is a digest of the papers presented at the 2005 Annual School Law Seminar and includes the following topics, what do we do with non-highly qualified teachers; potential fraud in the business office; schools and the police; cell phones, cameras and other 21st century intrusions into learning; the interaction of IDEA, Section 1983, and Section 504; practical steps for responding to student and employee sick building claims; what every school administrator should know about intellectual property; legal ethics; lawfully teaching about religion in schools; how to train administrators to properly investigate allegations of employee and student misconduct; FLSA; IDEA. Order No. 06-203W. ISBN 0-88364-282-4 (List $40.00, National Affiliates and Council Members $32.00). Also included are all issues of the Council's newsletter Inquiry & Analysis from January 2001 through May 2005. Selected articles are available on the eDocs Store.

School Law in Review 2006 June 2006. This word searchable CD-Rom is a digest of the papers presented at the 2006 Annual School Law Seminar and includes the following topics: case law summary of litigation over the teaching of evolution, creationism, and intelligent design; culture wars in the public schools; civil rights and student discipline: practical steps to prepare for and defend state and federal discrimination claims; federal legal issues affecting the education of English language learners; model rules of professional conduct in the post-Enron era; USERRA final regulations: issues for the school board attorney; NSBA federal file: guidance on federal school law; a review of recent changes in federal regulations affecting school transportation and a look at things to come; IDEA; successfully resolving special education disputes without caving in; ensuring athletic equity and avoiding liability under Title IX; cases related to disciplining and regulating student off-campus internet use and blogging; protecting the school district in contracting for purchases of hardware and software; implications of municipal takeover of urban school districts and adequate funding. Also included are issues of Inquiry & Analysis from July 2005 though May 2006. 06-208-W. ISBN 978-0-88364-290-0 (List $40.00, National Affiliates and Council Members $32.00). Selected articles are available on the eDocs Store.

School Violence: From Discipline to Due Process This important and useful guide written by COSA members investigates such topics as violence and harassment, weapons in schools, searching students in schools, zero tolerance policies, due process for students, threats and threatening communications at schools, school liability and much more.

Selecting and Working With a School Attorney: A Guide for School Boards April 1997. In today's world, it is not only important to obtain good legal advice when problems arise, but it is just as valuable to learn how to avoid legal problems. This book shows school board members how to select and work effectively with a school attorney. Topics include: historical development of the role of the school attorney, hiring in-house counsel versus an outside attorney, and the selection, recruitment and retention of legal counsel. Additional topics include ethical issues in school board representation, evaluation and termination of school district counsel, the school attorney as a preventive law practitioner, and working effectively with the school attorney. The appendices include sample policies, forms, agreements and checklists. 142 pages. Order No. 06-162-W. ISBN 0-88364-209-3(List $35.00, National Affiliates and Council Members $28.00)

Sexual Harassment by School Employees March 2001. School leaders and school lawyers faced with the task of preventing and responding to allegations of sexual harassment by employees will find the information they need in this monograph. Covering harassment that occurs between employees as well as employee harassment of students, it discusses current federal case law, effective policy development, how to conduct internal investigations, training advice and resources and agency (OCR and EEOC) investigations. The appendices contain many useful documents including regulations, agency guidance, sample policies and checklists. 228 pages. Order No. 06-176-W. ISBN 0-88364-237-9(List $35.00, National Affiliates and Council Members $28.00)

Student-to-Student Sexual Harassment: A Legal Guide for Schools March 2000. Addressing a complex legal and social issue, this monograph provides the school law practitioner and school leaders with information on how to prevent, respond to, analyze and defend student-to-student harassment claims. In addition to discussing federal case law, it includes a section on policy development, advice on conducting investigations, tips for training, and analysis of the Office of Civil Rights' guidelines and appendices containing OCR documents, sample policies, forms, and helpful checklists. 192 pages. Order No. 06-166A-W. ISBN 0-88364-235-2(List $35.00, National Affiliates and Council Members $28.00)

Termination of School Employees: Legal Issues and Techniques April 1997. Disputes over employee termination are one of the most common legal problems faced by schools. To assist school attorneys and officials in handling these disputes, this monograph addresses the legal issues and suggests effective techniques associated with proper termination of school employees. Topics include employment, employee performance documentation, evaluation, remediation, settlement agreements, public employee speech and off-duty conduct, and the termination of drug/alcohol abusers. 316 pages. Order No. 06-163-W. ISBN 0-88364-210-7(List $35.00, National Affiliates and Council Members $28.00)

Understanding and Limiting School Board Member Liability October 2002. This book, now in its fourth edition, serves as primer for both school board members and school attorneys on board member liability issues. Using layman's terms, this version expands beyond the focus of former editions on Section 1983 liability to include explanations of how our legal system works, board member liability under state tort law, legal defenses and immunities against liability and a special section on how to avoid and minimize board member liability. Each chapter is followed by checklists to help readers review and remember key points. 100 pages. Order No. 06-187-W. ISBN 0-88364-261-1(List $15.00, National Affiliates and Council Members $12.00)