California School Law: Second Edition (Stanford Law Books) [Paperback]

Frank Kemerer (Author), Peter Sansom (Author)

Book Description

Publication Date: April 1, 2009 | ISBN-10: 0804760381 | ISBN-13: 978-0804760386 | Edition: 2

Now in its second edition, California School Law is the only comprehensive source discussing how federal and state law affects the day-to-day operation of the state's traditional public, charter, and private schools. While the book is comprehensive, the authors have written it for a broad audience. California School Law has become a coveted desk-top reference for administrators, governing board members, school attorneys, union leaders, and policymakers. It also has been widely adopted as a classroom textbook in educational administration and education law classes. In commenting on the first edition, Michael Kirst, Stanford University Education Professor-Emeritus, noted that "The writing style is a blend of law and policy that is easy to follow." Other reviews that greeted the first edition are available on this website.

The first chapter provides an explanation of the legal framework within which California schooling takes place and key players at the state, district, and school level. Ensuing chapters examine student attendance and truancy, curriculum law, employment law, teacher and student rights of expression, the school and religion, students with disabilities, student discipline, privacy and search and seizure, and legal liability in both state and federal court. Also included are chapters on unions and collective bargaining, educational finance issues, and racial and gender discrimination. Appendices provide a glossary of legal terminology, an explanation of how to find and read legislative enactments and judicial decisions, and a list of sources for accessing law. The book's table of contents is included on this website. Also included are links two sections from the second edition, one dealing with the discipline of students with disabilities and the other with student rights of expression.

Law never stands still. To keep the book current, the authors will maintain a cumulative update for the second edition on this website.

Editorial Reviews

Review

"I would recommend this book to every educator and policymaker in public education. It is a great reference for immediate and comprehensive information on a variety of laws that govern California education."—Dr. Sonny H. Da Marto, Superintendent of the Turlock Unified School District

"California School Law is a new and different contribution to the California policy scene. The writing style is a blend of law and policy that is easy to follow." —Michael Kirst, Professor of Education, Emeritus, Stanford University and Former President, California State Board of Education

"California School Law provides 'one-stop shopping' for individuals examining the laws that relate to the operation of schools. In my 38 years as an educator, including 30 in administration, I have never seen a book that covers such detailed, easy-to-read accountings of laws impacting the daily operation of schools. This book will provide an immediate and excellent resource and should be in the offices of all administrators." —Larry Maw, Former Superintendent of the San Marcos Unified School District

Praise for the first edition:
"California School Law is a valuable addition to the literature on education law. No other book effectively and comprehensively covers education law in California, and the authors are well qualified to compile this information. This book will be a necessary resource for a wide range of people interested or involved in education in California."—Stephen Sugarman, Roger J. Traynor Professor of Law, University of California, Berkeley

"Finally, this is the comprehensive, thoughtful, and lucid treatment of California educational law and policy we've been waiting for. The authors not only explain the complex world of California school law with a lawyer's precision, but they make this sometimes arcane topic both lively and compelling with rich examples and from a national perspective."—William S. Koski, Eric and Nancy Wright Professor of Clinical Education, Professor of Law, and Professor of Education (courtesy), Stanford University

About the Author

Frank Kemerer teaches education law in the School of Law and School of Leadership and Education Sciences at the University of San Diego as a Professor-in-Residence. He has been researching and teaching education law for over thirty-five years at universities in New York, Texas, and California. Included among his books are the legal text Constitutional Rights and Student Life (West Publishing Company 1979), School Choice and Social Controversy (Brookings Institution Press 1999), School Choice Tradeoffs (University of Texas Press 2002), and The Educators' Guide to Texas School Law (University of Texas Press 2005, sixth edition). He received the Scribes Finalist Book Award in 1992 from the American Society of Legal Writers for William Wayne Justice: A Judicial Biography (University of Texas Press 1991). An updated paperback edition of that book was published in 2008. Professor Kemerer received his Ph.D. in educational administration and policy analysis from Stanford University with a law minor from Stanford Law School in 1975. He also received his AB and MA from Stanford and served as a researcher at the Center for Educational Research at Stanford. [e-mail] Peter Sansom is a partner with Sansom Willis LaFoe LLP, an education law firm in California. His primary area of practice is representing school districts regarding issues under Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act. He has successfully represented school districts in administrative due process hearings, federal district courts, and before the United States Court of Appeals for the Ninth Circuit. He stresses preventive legal advice and is a frequent presenter on a wide range of topics relevant to special education law. He also has authored articles on student discipline and a publication regarding the California Tort Claims Act. He received his law degree from the University of San Diego. [e-mail]

Product Details

• Paperback: 584 pages
• Publisher: Stanford Law Books; 2 edition (April 1, 2009)
• Language: English
• ISBN-10: 0804760381
• ISBN-13: 978-0804760386
• Product Dimensions: 8.9 x 5.9 x 1.3 inches
• Shipping Weight: 1.6 pounds (View shipping rates and policies)
• Average Customer Review: 3.8 out of 5 stars  See all reviews (5 customer reviews)
• Amazon Best Sellers Rank: #104,182 in Books (See Top 100 in Books)
  • #10 in Books > Law > English Law > Social Security & Welfare
  • #23 in Books > Law > Specialties > Educational Law & Legislation

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Customer Reviews

Most Helpful Customer Reviews

1 of 1 people found the following review helpful:

5.0 out of 5 stars Comprehensive education law resource, February 16, 2011

By 

Kim_in_California - See all my reviews

Amazon Verified Purchase

This review is from: California School Law: Second Edition (Stanford Law Books) (Paperback)

This is an excellent book for those interested in learning the fundamentals of education law and policy. I especially liked the chapters on school finance and unions, as these issues repeatedly appear in the news. For those interested only in specific topics or cases, versus reading from cover to cover, there is a glossary and an index of terms and cited authorities. For example, topics covered that are especially relevant to parents include charter schools, student discipline, special education and student search and seizure. The book is well-organized and easy to read. Anyone who wants to learn about California's school system should start here.

5.0 out of 5 stars A Legal Survey Mainly for Attorneys, January 31, 2012

By 

Edward R. Strelow (san jacinto, ca United States) - See all my reviews
(REAL NAME)   

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This review is from: California School Law: Second Edition (Stanford Law Books) (Paperback)

This is a law book aimed at the professional as one might guess based on the fact that it is part of a series of law books from the Stanford University Press.

It is not casual reading for pleasure, however it may be of use to educators and others dealing with education issues as long as they understand the use and limitations of what is essentially a lawbook or can supplement their reading with advice from practising attorneys.

This book is essentially what attorneys call a "horn-book," a survey of the statutory law, and court cases which have interpreted those laws. Professional law books like this give only a brief survey of issues and the reader is expected to fill in the blanks by reading the laws and cases and applying these to the facts of their own cases. Such books are not designed to give legal advice for particular situations, but to point the reader to the issues which are likely to come up in these particular situations.

How the law will be applied in any particular situation is hard to predict, attorneys in this state are in fact forbidden by the rules of professional conduct from guaranteeing outcomes. I tell clients that it doesn't matter what they or I think about the law, ultimately it is what the judge thinks that matters. So do not expect a book to be more predictive.

Since there is nothing else out there to compare to this book, it fills the niche of California School Law completely for the practicing attorney. Considering how expensive a legal library can be, this book is also a bargain.

5 of 8 people found the following review helpful:

1.0 out of 5 stars Inaccurate information! DO NOT BUY THIS BOOK!, September 23, 2010

By 

moonlissa - See all my reviews

This review is from: California School Law: Second Edition (Stanford Law Books) (Paperback)

The authors did not practice due diligence in their facts. For example: On page 26, the suggestion that homeschooling by non-credentialed parents was illegal until the 2008 court case simply isn't true. California law has always provided the option for anyone to open a private school, including one in their home for their own children. The court that heard the 2008 case originally read the law sections regarding tutoring and operating charter school independent study programs and concluded those must be the only two options to homeschool. It later acknowledged it had made a mistake and California law did, and always has, allowed private schools to be operated by anyone, including a parent for their own children. To state that the law somehow changed because of the 2008 court case and homeschooling through a private school has only been legal since then is incorrect.



On page 40, it is implied that setting up a private school in a private home would be nearly impossible because of a list of regulations required of private schools including earthquake safety and fire and health inspections. In fact, Health and Safety Code 35296 states that only schools with a occupant capacity of 50 or more pupils or more than one classroom are required to establish emergency procedures for earthquakes. Code 13143 makes a similar statement regarding fire inspections saying that any assembly such as a school where 50 or more persons may gather together must be inspected. Regulations on safety goggles during certain classes, regulating toxic arts supplies and keeping track of nearby sex offenders are all very easy for a small private school to implement. None of these private school regulations would be a substantial stumbling block to establishing a home based private school as is being suggested.

What ELSE is wrong? I would NOT buy this book.