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Contents
Preface xix
Chapter 1 Legal Framework Affecting Public Schools 1

Sources of Law 1
Bill of Rights and the Fourteenth Amendment 1
The Federal Constitution 2
Key Amendments 2
State Constitutions 2
Statutes 3
Court or Case Law 3
Researching Case Law 3
Locating a Case by Citation 4
Finding a Case by Case Name 4
Locating a Case by Topic 4
State Agencies 4
State Boards of Education 4
Local School Boards 5
School Board Policies 7
The U.S. System of Courts 7
Federal Courts 7
State Courts 9
Courts of General Jurisdiction 9
Courts of Special Jurisdiction 9
Intermediate Appellate Courts 9
Appellate Courts 9
The Trial Process 9
Analysis of an Appellate Court Opinion 11
Case (Citation) 11
Procedure 12
Facts 12
Ruling and Justification 12
Disposition 12
The U.S. Supreme Court 12
U.S. Supreme Court Ritual 13
U.S. Supreme Court Decisions 14
Legal Information Retrieval Systems 14
Resources 15 • Case Study 15 • Endnotes 15
Chapter 2 Religion and the Public Schools 16

School-Sponsored Prayer 18
School-Sponsored Bible Reading 19
vii
viii Contents
Silent Prayer and Meditation 20

Prayer at School Events 20
Student-Led Prayer at Public School Events 20
Prayer at Athletic Contests 21
Voluntary Prayer at Commencement Exercises 23
Landmark Rulings 23
Impact of Ruling 24
Prayer at School Board Meetings 25
Prayer at Legislative Meetings 26
Aid to Parochial Schools 27
Religious Symbols 28
Religious Displays 29
Ten Commandments 29
Posting Religious Mottos and Expressions 30
Religious Banners at Football Games 30
Use of School Facilities by Religious Student
Groups 31
Legal Precedents 31
Use of School Facilities by Outside Religious
Groups 33
Relevant Cases 34
Use of School Facilities by Community Groups 35
Right to Deny Access 35
Religious Activities and Holiday Programs 36
Merry Christmas Bill 37
Released Time for Religious Instruction 37
Teaching the Bible in Public Schools 38
Intelligent Design and School Curriculum 39
Theory of Evolution 40
Teaching the Theory of Evolution 40
Distribution of Religious Materials 42
Pledge of Allegiance 43
Landmark Case 43
Religious Freedoms Involving Teachers 45
Religious Rights of Teachers in the School
Environment 46
Use of Religious Garb by Teachers 46
Case Studies 48 • Endnotes 51
Chapter 3 Student Rights and Restrictions 53

Freedom of Expression 54
Protests and Demonstrations 57
School-Sponsored Newspapers 58
Contents ix
Nonschool-Sponsored Newspapers 60
Censorship 61
Dress and Appearance 62
Health and Safety Issues 63
Controversial Slogans 64
Search and Seizure 65
Reasonable Suspicion 65
Search and Social Media 67
Student Desks 68
Student Lockers 68
Book Bags 68
Automobiles 69
Strip Searches 69
Involvement of Law Enforcement Officials 70
Drug and Alcohol Testing 71
Drug Testing 72
Alcohol and Breathalyzer Testing 73
Use of Canines 74
Use of Cell Phones and Electronic Devices 76
U.S. Supreme Court and Cell Phones 78
Mobile Devices in the Classroom 79
Due Process 80
Procedural Due Process 80
Due Process of Law 80
Substantive Due Process 81
Vagueness Doctrine and Presumption Standard 81
Corporal Punishment 83
Reasonable Punishment 85
Minimal Due Process 86
Excessive Punishment 86
School Suspension 88
Expulsion 89
Student Discipline for Off-Campus
Behavior 91
Classroom Harassment 93
The Supreme Court’s Decision 93
A Dissenting Opinion 93
Danger Signals 94
Child Abuse 95
Pregnant Students 96
Married Students 96
x Contents
Chapter 4 National Security and School Safety 101

Homeland Security 101
USA PATRIOT Act 101
No Child Left Behind and School Safety 102
Procedures for Evaluating and Responding to Threats 105
Preparing for National Emergencies 106
Handling Violence in Schools 106
Hazing 106
Bullying 107
Cyberbullying 111
Megan Meier Cyberbullying Prevention Act 111
Jeffrey Johnston Stand Up for All Students Act 112
School Violence and Negligence 112
Emerging Legal Issues 112
Freedom of Expression: Prohibitions and School Violence 114
Gangs 115
Legal Challenges Related to School Gangs 115
Gang Characteristics and Membership 115
Gang Dress 115
Duty of Care and Gang Violence 117
School Uniform Dress Policies, School Safety, and Students’ Freedom of
Expression Rights 118
Early Legal Challenges 118
Zero Tolerance and School Safety 119
Zero Tolerance 119
Zero Tolerance and Due Process 119
Recent Zero Tolerance Practices 120
Metal Detectors 121
Chapter 5 Individuals with Disabilities 125

Individuals with Disabilities Education Act of 1990 (IDEA) and the
Individuals with Disabilities Education Improvement Act of 2004
(IDEIA) 126
Mandatory Requirements 126
National Council on Disability 128
Functional Exclusion of Disabled Children 128
Interpretation and Identification of Children with Disabilities 129
Teacher Qualifications 129
Prereferral Intervention 129
English Language Learners and Special Education 129
Response to Intervention 130
Multi-tier System of Support—Response to Intervention 130
Alternative Assessment 132
Contents xi
Individualized Educational Program Requirement 132

Equal Access to Assistive Technology for Students with
Disabilities 133
Personal Data Assistants for Disabled Students 134
Program Review and Changes 134
Education-Related Service Requirement 135
Least Restrictive Environment 135
Inclusion of Children with Disabilities 137
Length of School Year 138
Residential Placement 138
Private School Placement 139
Isolation and Restraint Laws for Students with Disabilities 140
Disciplining Students with Disabilities 142
Expulsion 142
Suspension 144
Individuals with Disabilities Education Act of 1997 145
Amendments Regarding Discipline 145
Discipline and Optional Sanctions 145
Pre/Postsanction IEP Review, Behavior Modification Plan, and
Functional assessment 146
Premanifestation Determination Action 146
Manifestation Determination Review 146
Appeal from Disciplinary Action 147
Placement During Appeals 147
Proposed New Placement (Following IAES) 147
Preemptive Strike 147
Reporting Criminal Behavior and Referring to Law Enforcement and Judicial
agencies 148
Transmitting Student Information 148
Discipline and Behavior are Now Linked 148
Attention-Deficit/Hyperactivity Disorder and Federal Protection 148
Section 504 Rehabilitation Act of 1973 150
The ADA Amendments Act of 2008 150
Chapter 6 School Personnel and School District Liability 156

The School as a Safe Place 156
Liability of School Personnel 157
Individual Liability 157
Vicarious Liability 158
Foreseeability 158
Nuisance 159
Invitees 159
Licensees 160
Trespassers 160
Liability Involving Students and Bus Stops 160
xii Contents
School Liability and Use of Technology by Students 161

Parental Access to School Premises 161
Intentional Torts 162
Assault 162
Battery 162
Assault and Battery Involving Physical Fights 163
Defamation 163
Libel and Slander 163
Defenses Against Defamation 164
Privilege 164
Good Faith 164
Truth 164
Mental Distress 165
False Imprisonment 166
Trespassing on Personal Property 166
Unintentional Torts 167
Standard of Care 167
Breach of Duty 169
Proximate Cause 169
Injury 170
Defenses for Negligence 170
Contributory Negligence 170
Assumption of Risk 171
Comparative Negligence 172
Immunity 173
Immunity Costs 174
Proper Instruction and Student Safety 174
Duties of Supervision 175
Before School 175
During School 176
After School 177
During Field Trips 178
Parental Consent and Written Waivers 179
Field Trips and Buses 179
Liability Involving Civil Rights Statutes 179
Filing Charges Under Section 1983 of the Civil Rights
Act of 1871 180
Liability Insurance for Teachers and
Administrators 180
Educational Malpractice 180
Professionalism in Education 181
Educational Malpractice Cases 181
Contents xiii
Chapter 7 Liability and Student Records 188

Sanctions for Violating Family Privacy Rights 188
Rights of Parents 190
Family Educational Rights and Privacy Act 190
Notice of Proposed Rulemaking 190
Student Records 191
Rights of Noncustodial Parents 192
Rights of Eligible Students 192
Rights of School Personnel 192
Student Complaints and FERPA 194
Digitizing Student Records 194
Confidentiality Issues Involving School Counselors 194
Enforcement of State or Federal Statutes 195
Family Education Rights and Privacy Act (FERPA) 195
Landmark U.S. Supreme Court Rulings 195
U.S. Court of Appeals for the Sixth Circuit Ruling 195
No Child Left Behind Act of 2002 196
Annual Notification Requirements 196
Transfer of School Disciplinary Records 196
Armed Forces Recruiter Access 196
Student Privacy and Physical Exams 197
Defamation Involving School Personnel 197
Slander 197
Libel 197
Privilege 198
Good Faith 198
Acts of Malice 199
Chapter 8 Teacher Freedoms 203

Substantive and Procedural Considerations 203
Freedom of Expression 204
Speech Outside the School Environment 204
Academic Freedom 207
Teacher Use of Facebook and Social Media 209
Freedom of Association 210
Membership in Subversive Organizations 211
Political Rights 212
Right to Hold Office 213
Participation in Political Campaigns 213
Dress and Grooming 213
Right to Privacy 215
xiv Contents
Religious Discrimination in Public Schools 217

Family and Medical Leave Act (FMLA) 218
Chapter 9 Discrimination in Employment 223

Equal Protection Provisions of the Fourteenth Amendment
and Employment Discrimination 223
Presumption Test 223
Due Process Standards and Employment Discrimination 224
Title VII: Discrimination 224
Retaliation 226
Schools and Transgender Teachers 227
Unwed Pregnant Teachers 227
Sexual Discrimination 228
Title IX 229
The Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990 230
Qualifications for Employment 231
Scope of Protection: Section 504 and the ADA 232
Gender Discrimination 233
Racial Discrimination 233
Religious Discrimination 236
Age Discrimination 237
Genetic Information Discrimination 238
Pregnancy and Public School Employment 239
Sexual Harassment 241
Chapter 10 Recruitment, Tenure, Dismissal, and Due Process 247

Recruitment of Personnel 247
The Employment Interview 247
Vague Interviews 248
Retention of Personnel Data 248
Hiring Discrimination 249
Tenure 249
Acquisition of Tenure 250
Nonrenewal 252
School Leader (Principal) Evaluation 254
Tenure for Principals 254
Teacher Evaluation 255
Documentation of Teaching Performance 256
Dismissal for Cause 256
Incompetency 256
Contents xv
Insubordination 259
Neglect of Duty 260
Just Cause 261
Documenting Teacher Misconduct 261
Immorality 262
Homosexuality and Employment in Public Schools 262
Conduct Involving Morality 266
Criminal Activity 267
Sexual Advances Toward Students 268
Financial Exigency (Abolition of Positions) 270
Just Cause 272
Fair Labor Standards Act 273
Collective Bargaining 274
Private Sector Versus Public Sector Bargaining 274
Right to Work Statutes 275
Teacher Strikes 275
State Involvement 276
Scope of Collective Bargaining 276
Impasse and Bargaining 277
Legal Issues 277
Teachers’ Union National Strike Strategy 278
Workers’ Compensation 279
Chapter 11 The Instructional Program and School

Attendance 283
Control of Public Schools 283
Compulsory Attendance 284
Compulsory Attendance Exceptions 285
Truancy 285
McKinney-Vento Homeless Assistance Act 286
Enrollment and Transportation 286
Home Schools 286
Charter Schools 288
Funding 288
Facilities 289
School Vouchers 289
Health Requirements 290
Residence 291
Curriculum Standards 292
Common Core Standards 293
Special Interest Groups and Public School
Curriculum 293
xvi Contents

Increased Accountability 295
More Choices for Parents and Students 295
Greater Flexibility for States, School Districts, and Schools 295
Summary and Implications 296
Accountability 296
Participation 296
Adequate Yearly Progress 296
Public School Choice 296
Supplemental Services 296
Unsafe School Choice Option (Usco) 297
Exceptional Students 297
School Improvement 297
Limited English Proficiency Students 297
Assessments 297
Stronger Accountability for Results 298
Proven Education Methods 298
Teacher Quality 298
Qualified Teachers 298
Paraprofessionals 298
Restructuring (Corrective Action) 299
Alternative Governance 299
Intellectual Property and Fair Use 300
Copying Computer Software 301
Use of the Internet for Instruction 303
School Officials’ Responsibility 303
Children’s Internet Protection Act 306
School or District Responsibility 306
Teacher’s Responsibility 307
Parent’s Responsibility 307
Grading and Academic Requirements 307
Student Testing 308
Grade Reductions for Absences 309
Grade Reductions for Unexcused Absences 309
Grade Reductions for Academic Misconduct 310
Physical Punishment for Poor Academic Performance 311
Withholding Diplomas 311
Chapter 12 School Desegregation 315

De Jure Segregation 315
Historical Background 315
Brown II Implementation 316
Racial Balances or Racial Quotas 317
One-Race Schools 317
Contents xvii
Remedial Altering of Attendance Zones 318

Transportation of Students 318
Intra District Segregation 319
Attendance Zones 319
Busing and Desegregation 320
Free Transfer and Freedom of Choice Program 321
De Jure Segregation 322
De Facto Segregation 322
Faculty Desegregation 323
Student Classifications and Desegregated Public Schools 323
Latino Students and Racial Diversity 324
No Child Left Behind and Civil Rights 325
Seeking Unitary Status 325
Chapter 13 Public School Finance 330

Taxation for Public Schools 330
Tax Rate 331
Equity Funding in Education 331
Legal Challenges to School Funding 332
The Landmark Rodriguez Case 334
Litigation Following Rodriguez 334
Post-Rodriguez Cases 334
Equity and Adequacy of Funding for Public Schools 336
Endnotes 338
Appendix The Constitution of the United States and Selected

Key Provisions and Amendments Affecting
Education 340
Glossary of Relevant Legal Terms 343
Case Index 347
Subject Index 352

This page intentionally left blank
Preface
How do educational leaders respond to the legal challenges facing their organizations in a highly
litigious society? How do they ensure that their organizations are achieving their mission with-
out unduly restricting the constitutional rights and personal freedoms of their students and staff?
How do leaders know when they are operating within the law? How can they build and foster an
organizational culture that places high value on the personal rights and uniqueness of each indi-
vidual? These are issues this book addresses. The courts expect educational leaders to possess
the necessary knowledge and skill that will enable them to meet legal challenges that impact
their organizations.
School Law and the Public Schools: A Practical Guide for Educational Leaders, Sixth Edi-
tion, is based on the premise that educational leaders and policy makers must be knowledgeable of
the law that governs the operation and conduct of their organizations as they face a highly litigious
society. Increasingly, educational leaders need to exercise discretion in making sound and legally
defensible decisions that affect students and school personnel under their authority. They need to
guide the development and execution of sound and well-developed policies, rules, and regulations
governing many aspects of their operation. Educational leaders must ensure that they possess the
legal knowledge necessary to accomplish these important administrative tasks successfully.
New to This Edition

The basic intent of this sixth edition is to better equip educational leaders and policy makers with
relevant and timely information that will assist them in meeting legal challenges while minimizing
legal exposure as they execute their defined duties and responsibilities in a highly litigious envi-
ronment. The goal of the sixth edition is to provide comprehensive and practical information
regarding relevant and emerging contemporary issues that impact the organization and administra-
tion of public schools. An additional goal is to better prepare educators at all levels to perform their
professional duties within the boundaries of the U.S. Constitution, statutory law, case law, and
school district policies. Information included in this edition will focus on practices that are legally
defensible as well as those that are not. Knowledge of existing and emerging legal issues will
enable educational leaders to exercise discretion in addressing the myriad legal issues they face on
a daily basis. Increasingly, school leaders are expected to operate within the context of well-defined
policies, rules, and regulations governing all aspect of their organizations. This edition will ensure
that they possess the legal knowledge necessary to accomplish their essential administrative tasks
successfully. The sixth edition includes the following additions and revisions:
• New addition to chapter on legal framework to include searching case law and the trial
process
• Guidance in identifying and researching cases and a visual depiction of how the trial
process works
• Revised chapter on religion includes a discussion of prayer at legislative meetings, reli-
gious banners at football games, and legislation on acknowledging Christmas in schools
• Includes an in-depth discussion of all issues relating to the Exercise Clause of the First
Amendment
• Search and Social Media
• Provides guidance regarding the extent to which school personnel may or may not search
cell phones of students in public schools
• Use of electronic devices by students and teachers
• Provides guidance regarding academic advantages of electronic devices in the class-
room for instructional purposes
xix
xx Preface
• Procedures for Evaluating Threats

• Includes steps that should be taken to properly assess and respond to threats in schools
• Legal Liability and Hazing
• Zero Tolerance and Due Process
• Discusses the issue regarding the fairness of zero tolerance policies in the context of
Fourteenth Amendment applications
• English Language Learners and Special Education
• Examines the issues surrounding misclassification of English learners into special edu-
cation based on English language deficiencies
• Multitiered System of Support
• Discusses the tiered learning system as a mechanism to improve learning outcomes for
all students including students with special needs
• Liability at Bus Stops
• Discusses the legal limits of school or district liability regarding student activities at bus stops
• School Liability and Technology Use by Students
• Provides guidance for school personnel regarding potential liability for negligence in
failing to monitor how students use technology in schools
• Digitizing Student Records
• Discusses advantages and precautions that should be exercised by school personnel
regarding digitization of student records and student privacy issues
• Student Complaints and FERPA
• Discusses the extent to which students are covered under FERPA when they register
complaints regarding their teachers
• Teachers’ Use of Facebook and Other Social Media
• Discusses the dangers associated with teachers’ use of Facebook and other social media
and the inherent problems associated with communicating with students
• Transgender Teachers
• Discusses the rights afforded transgender teachers and how they should be treated in
schools
• Unwed Pregnant Teachers
• Discusses the rights of pregnant teachers and the privileges they should be afforded in
schools
• Genetic Information Discrimination Act
• Defines actions that are discriminatory with respect to requesting or requiring disclosure
of genetic information regarding a prospective employee or his/her family members
when rendering an employment decision
• Vague Interviews
• Provides guidance regarding the appropriateness or inappropriateness of certain inquir-
ies during the interview process
• Retention of Personnel Data
• Provides insight relative to the length of time in which certain personnel records should
be maintained for legal purposes
• School Leader Evaluation
• Provides guidance with respect to factors that might be considered in assessing leader-
ship effectiveness
• Teaching Evaluation
• Provides information regarding myriad factors to be considered in assessing teacher
effectiveness
Preface xxi
• Documentation of Teacher Performance

• Discusses methods of recording vital information regarding teaching performance as a
means of assisting teachers in improving performance
• Insubordination Steps
• Provides a systematic and legally defensible process for determining whether a teacher’s
conduct constitutes insubordination.
• Documentation of Teacher Misconduct
• Discusses legal steps that should be considered in determining teacher misconduct
• McKinney-Vento Homeless Assistance Act
• Provides guidance regarding the liberty interests of homeless students to attend public
schools and the support systems that are required to ensure that they are provided an
opportunity to succeed.
• Common Core Standards
• Provides an overview of Common Core Standards to include objectives, outcomes, and
opposition regarding these standards
This book is organized and written in a style that facilitates ease of reading even for indi-
viduals who have little or no legal background. Significant court cases are carefully selected to
address issues that are most relevant to effective practice. The text begins with an in-depth
focused discussion of the development of the U.S. Constitution and major legal issues, followed
by relevant constitutional, statutory, and case law. Legal citations are used to support and
enhance the discussion of these issues, and a section on searching case law and the trial process
also is included. Legal references supporting the topics under discussion are found on each
page, thus enabling the reader to easily ascertain the legal sources of authority related to those
particular topics.
One unique and salient feature of this text is its focus on the development of adminis-
trative guides that relate to major issues discussed in each chapter. These guides provide
leaders with information pertinent to directing their day-to-day decisions and actions as they
encounter a wide array of legal challenges within their organizations. No attempt was made
to review or include a significant number of state statutes or interpretations because varia-
tions are numerous from state to state. The primary focus of this text involves legal sources
or developments that have significant implications for effective educational leadership
throughout public schools in the United States. A significant component of the book is the
inclusion of case studies at the end of each chapter that provide meaningful application
exercises for educational leaders, thus allowing them to make sound and legally defensible
decisions.
The book concludes with appendices that include selected amendments of the U.S. Consti-
tution, as well as an expanded glossary of important legal terms to assist the reader and provide
relevance to the body of the text. School Law and the Public Schools, Sixth Edition, provides a
practical and useful resource guide for educational leaders and is aimed at increasing their
knowledge and awareness of the complex legal issues that impact their organizations. It will
enable them to more effectively perform their legal duties and meet the requirements of reasona-
bleness as they move their organization toward their mission.
The Instructor’s Manual with Test Items is available online to adopters. Please contact
your local Pearson representative for access.
Acknowledgments
I would like to express my heartfelt appreciation to my administrative assistant, Carol Brown,
for the countless hours spent preparing this document. Her energy, enthusiasm, encouragement,
and support far exceeded my expectations. For her untiring efforts, I am eternally grateful.
xxii Preface
I would also like to express my appreciation to my wife, Lorene, and my children,

imberly, Jarvis, and Nathalie, for their love, support, and encouragement during the writing
K
of this text. Their support provided me inspiration to persevere through the completion of
this project.
I express gratitude to my daughter, Nathalie, an attorney, for her editorial research and
technical assistance, which aided me greatly in the production of this book.
I would also like to thank the following reviewers for their time and input:
Brett Geier, University of South Florida; Susan Sostak, Loyola University Chicago; Joe
Flora, University of South Carolina; Terry McDaniel, Indiana State University, and Richard
“Kent” Murray, The Citadel.
Last, I express appreciation to my administrative team, friends, and colleagues for their
support and encouragement during the writing of this sixth edition.
To my staff, colleagues, and family, I am immensely grateful.
— N.L.E.
Chapter 1
Legal Framework Affecting

Public Schools
Sources of Law
Public schools as governmental agencies must operate within the boundaries of law at the local,
state, and federal levels. Therefore, school personnel are expected to perform their prescribed
duties within a framework of law. A number of legal sources affect the administration and oper-
ation of schools.
Bill of Rights and the Fourteenth Amendment

The Bill of Rights represents the primary source of individual rights and freedoms under the U.S.
Constitution. The first ten amendments to the Constitution are viewed as fundamental liberties of
free people because they place restrictions on the government’s powers to intrude on the funda-
mental rights of all citizens. These restrictions simply mean that the government cannot exercise
certain powers in relationship to free people. For example, the government cannot pass laws
prohibiting the freedom of speech. Consequently, citizens may speak freely within the bounda-
ries of the Constitution without undue interference by the government. At its inception, the Bill
of Rights limited only the federal government’s powers and not those of state government, which
meant that each state relied on its own bill of rights to limit state powers.
However, this changed with the adoption in 1868 of the Fourteenth Amendment, which
guarantees that due process of law and fundamental fairness are applied to the states. The Four-
teenth Amendment stipulates, “No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State deprive any person
of life, liberty, or property, without due process of law; nor deny to any person within its juris-
diction the equal protection of the laws.” Fourteenth Amendment provisions are considered fed-
eral law and are enforced by state or federal courts operating within their proper jurisdictions.
Before the adoption of the Fourteenth Amendment, very few controls were placed on state
governments if they failed to abide by their own bills of rights. Relief could be sought only in the
state courts without any certainty that these courts would enforce their own states’ bills of rights.
Federal courts had no authority to enforce a state bill of rights that was solely under the jurisdic-
tion of state courts. By virtue of the Fourteenth Amendment, that authority is now vested in the
federal courts.
Along with due process and equal protection provisions, the most formidable freedoms
contained in the Bill of Rights include freedom of speech, press, assembly, and religion as well
as freedom from unreasonable searches and protection against self-incrimination. Thus, the first
ten amendments now apply to encroachment by state government. Because public schools are
1
2 Chapter 1 • Legal Framework Affecting Public Schools
agents of the state, they are subject to the provisions of the Bill of Rights, which means that
school officials must recognize and respect the constitutional rights of students and school per-
sonnel. Failure to do so will result in infringement of constitutionally protected rights and
possible legal challenges through the courts.
The Federal Constitution

The Constitution of the United States is the basic law of the land. It provides a framework of law
in which orderly governmental processes operate. The Constitution thus becomes the primary
source of law. All statutes enacted at the federal, state, and local levels as well as state constitu-
tions, local regulations, and ordinances are subordinate to the Constitution.
The U.S. Constitution is distinguishable in its provision to protect the fundamental rights
of all citizens of the United States. Inherent among these rights are those involving personal,
property, and political freedoms. Although the Constitution does not make reference to educa-
tion, it impacts the operation and management of schools, particularly with respect to amend-
ments, which protect the individual rights of students, faculty, and staff.
One salient feature of the Constitution is the provision that calls for the separation of pow-
ers involving the executive, judicial, and legislative branches of government. The precept of
separated powers provides each branch with the proper checks and balances on the powers of
other branches.
Key Amendments
Several amendments to the U.S. Constitution have a direct bearing on the operation of public
schools, namely the following:
The First Amendment addresses basic personal freedoms of students and school person-
nel involving speech, press, assembly, and religion.
The Fourth Amendment addresses rights to privacy and protects students and school
personnel from unreasonable intrusion into their person or property.
The Fifth Amendment provides protection against self-incrimination in cases when the
individual’s life, liberty, or property is in jeopardy.
The Eighth Amendment does not directly apply to school discipline but has been
referenced by parents and students in cases involving corporal punishment where there is an
allegation of cruel and unusual punishment by school personnel. The intent of the Eighth
Amendment is to protect individuals against cruel and unusual punishment involving those who
have committed criminal offenses.
The Tenth Amendment reserves education as a state function, thus placing the primary
responsibility for public schools on individual states.
The Fourteenth Amendment addresses the due process rights of students and school per-
sonnel to ensure that equal protection under the laws and fundamental fairness occur in matters
involving deprivation of liberty and property.
State Constitutions
Based on the Tenth Amendment to the U.S. Constitution, powers not delegated to the United
States by the Constitution, nor prohibited by it to the states, are reserved to the states respec-
tively. Because education is not mentioned in the Tenth Amendment, it is left to states to control.
Therefore, state constitutions represent the basic source of law for individual states and generally
require legislative bodies to perform various functions, including establishing systems of public
education. They prescribe funding and operational schemes for public schools. State constitu-
tions also restrict the powers that legislative bodies may exercise.
State constitutions often address the same subject matter found in the U.S. Constitution,
such as due process, individual rights and freedoms, and separation of church and state. State
Chapter 1 • Legal Framework Affecting Public Schools 3
constitutions may exceed coverage granted by the U.S. Constitution but may not fail to meet the
basic requirements of the Constitution or contradict it in any manner. Thus, a state statute may be
in direct conflict with both federal and state constitutions or may violate one and be in compli-
ance with the other. In all cases, federal and state constitutions prevail.
Statutes
Statutes represent acts of the legislative branch of government. The word statute is derived from
the Latin term statutum, meaning “it is decided.” Statutes are the most abundant source of law
affecting public schools. School district policy, rules, and regulations generally are based on
statutory law. Because education is considered a state function by virtue of the Tenth Amendment,
courts tend to support the view that state legislatures should exercise power over public schools.
It is only when statutes conflict with the U.S. Constitution, federal law, or state constitutions that
a challenge is brought to the courts. In short, statutes are always subject to review by the judicial
branch of government to determine their constitutionality. Statutes represent the most effective
means of developing new law or changing old laws.
State legislators grant local school boards the authority to adopt and enforce reasonable
rules and regulations necessary for the operation and management of schools. When challenged,
school officials must be able to demonstrate that a legitimate state interest is met by enforcing a
particular rule or regulation, especially in cases where individual freedoms are restricted.
Court or Case Law

Case law is generally reflected in judge-made or common law, as distinguished from statutory
law. Common law consists of the judgments, opinions, and decisions of courts adopting and
enforcing preceding usages and customs. Frequently, case law relies on past court decisions,
which are called precedents. This practice is derived from the rule of law known as stare decisis,
a Latin term meaning “let the decision stand.” This doctrine requires courts to observe legal
precedents established in previous cases in the same jurisdictions in making future decisions
involving the same or similar subject matter and factual circumstances. Although courts gener-
ally rely on precedent, they are not absolutely bound by it in rendering a decision. Factual
circumstances may be sufficiently different to warrant a different decision, even when the sub-
ject matter is similar. Moreover, the rationale used in reaching the decision may not be viewed as
applicable to the particular case under review. Federal courts, in their rulings, have contributed
to a significant body of case law, which affects the development of educational policies govern-
ing the administration and operation of public schools.
Case law is sometimes viewed as unsettled law because occasionally courts render
conflicting rulings within their jurisdictions. Thus, a ruling by a federal, district, or appellate
court only affects educational policymakers in that particular jurisdiction. Consequently, what is
actually practiced, accepted, and enforced varies by time and place regardless of precedent. For
example, if a Florida court sets a precedent, schools in Connecticut are not bound by the decision
because they are not located in the same jurisdiction. The U.S. Supreme Court is the single court
whose decisions affect the organization and administration of public schools across the nation.
Even so, in many instances state and federal appellate decisions are not followed due, in large
measure, to the fact that the Supreme Court has no ability to hear every conceivable issue relat-
ing to schools.
Researching Case Law

A case is a written decision issued by a court.1 Federal and state courts publish their decisions in
reporters. These reporters are organized chronologically. This system provides a methodology to
research case law relevant to student conduct as well as permissible teacher and administrative
action. The most effective means of understanding the context of a case and its application is to
read the case in its entirety. The facts and the holding (the court’s decision) of the case provide
key information that will be helpful in understanding the genesis of the law in a particular area.
There are free legal research sites such as Lexis-Nexis, Westlaw, and FindLaw. Each of
these sites provides an opportunity to conduct case research by citation, case name, and subject
matter. These sites typically provide access to post-1990 court opinions with the exception of
United States Supreme Court opinions, which typically are accessible to the public. Access to any
case law prior to this time may require a paid membership. Access to these sites provides an oppor-
tunity to read and gain a better understanding of the law on any particular subject matter of interest.
Locating A Case by Citation. New Jersey v. TLO will be used as an example in the following
discussion to illustrate how to conduct case research.
A standard three-part citation indicates where to find the case:
Volume Number Reporter Page Number
469 US 325
Simply entering this citation into a search box will enable the researcher to easily locate any case
that is being researched. Another research option is locating the case style (name of court, case
number, and names of plaintiffs and defendants) or case name.
Finding A Case by Case Name. Enter in the find by name or case name search box:
New Jersey v. TLO

Case names are organized by party names. The plaintiff is listed first and the defendant second.
Entering the style or name of a case will also facilitate the location of the case desired.
Locating A Case by Topic. The New Jersey v. TLO decision centered on searches in public
schools. Because this is a Supreme Court decision, a simple word search of “public school
searches and United States Supreme Court” will reveal the decisions of the Supreme Court relat-
ing to public school searches.
State Agencies
State legislatures in virtually all states have created administrative agencies to execute various
laws and policies governing public schools. One of these agencies typically includes state boards
of education. The legislature generally prescribes the duties and scope of authority delegated to
state boards. Members of each state board of education are either appointed by the governor or
elected by popular vote by citizens within the state. Conflicts frequently arise with state boards
of education based on the separation of the executive, legislative, and judicial branches of gov-
ernment. The legislature is prohibited from delegating its powers to an administrative agency.
For example, the legislature in the state of Illinois commanded the superintendent of pub-
lic instruction to prepare specifications for minimum requirements to conserve the health and
safety of students. The specifications developed by the superintendent of instruction were chal-
lenged by the board of education under a claim that they were unconstitutional. The board sought
injunctive relief against their enforcement. The circuit court granted relief. The superintendent
appealed the decision. The Supreme Court of Illinois held that the statute was a proper delega-
tion of administrative authority to the superintendent. However, the superintendent’s specifica-
tions, which preempted the entire field of school safety and purported to strike down all local
codes and ordinances relating to school safety, were invalid. Only the legislature had the power
to preempt local codes and ordinances regarding school safety.
State Boards of Education. The state board of education may exercise broad or limited
powers, based on legislative authorization. Public schools generally are placed under the control
of the state board of education. In this capacity, the state board of education determines, to some
degree, the direction of education in its state and also functions as a planning and evaluative
body that functions immediately below the legislature. Through delegated power, the board may
develop policies covering an array of legal issues such as, among others, health and safety, min-
imum requirements for teacher licensure, graduation requirements for students, rights of students
with disabilities, and student disciplinary practices. The courts generally recognize the board’s
authority based on state statute to regulate student and school personnel conduct as long as its
actions are not arbitrary or capricious.
In general, most state boards have six legal powers in common. They (1) establish certifi-
cation standards for teachers and administrators, (2) establish high school graduation require-
ments, (3) establish state testing programs, (4) establish standards for accreditation of school
districts and teacher and administrator preparation programs, (5) review and approve the budget
of the state education agency, and (6) develop rules and regulations for the administration of
state programs.*
State boards of education may not abrogate responsibilities delegated to them by state
statutes. The courts are reluctant to impose their judgment regarding decisions that are made
within the state board of education’s designated authority unless there is evidence of arbitrary
and capricious acts or a violation of an individual’s constitutional rights. In such cases, the
courts will intervene to determine whether the evidence supports constitutional violations. In
reviewing the action of an administrative board, one court has held that it will go no further
than to determine (1) whether the board acted within its jurisdiction, (2) whether it acted
according to law, (3) whether its action was arbitrary, oppressive, or unreasonable and repre-
sented its will rather than its judgment, and (4) whether the evidence was such that it might
reasonably make the order or determination in question.2
In addition to state boards of education, each state has a state department of education,
which is headed by a state superintendent or chief state school officer (CSSO). State departments
are the professional arm of the CSSO. These departments consist of specialists in virtually all areas
relating to education. They provide consultation and advice to local school districts, the state
board, and the CSSO. State departments generally are depositories for massive amounts of research
data and strategic reports collected from local school districts. Much of these data consists of
reports necessary to ensure that the state is in compliance with federal and state mandates and to
facilitate education planning at the state and local levels. Among other duties, the state department
of education conducts research on school practices, develops short- and long-term plans for educa-
tional outcomes, enforces state and federal law, evaluates districts for accreditation, evaluates
statewide testing programs, and monitors compliance of state-approved curriculum.
Local School Boards

Local school boards impact education policy and the administration of public schools. The
school board exercises general supervision over the schools within its district. However, its
broader role involves the formulation of school district policy. Consequently, it is viewed as a
policy-making body. School district policy is generally based on state statute. If consistent with
state and federal laws, state and federal constitutions, and court rulings, school district policies
are considered to be legally enforceable.
The local school board has a responsibility to formulate a vision that defines the future it
envisions for the district. Certain goals, objectives, and measurable outcomes may be included as
integral components of the board’s vision.
The vision of the school district is closely aligned with the district’s mission. The mission
generally defines the basic purpose of the district and the core values embraced by the district as
*
Reprinted with permission from 2009 Education Commission of the States, “Equipping Leaders, Advancing Ideas,” 700
Broadway, #1200, Denver, CO 80203-3460.
it moves toward achieving its mission. Virtually all districts have formulated standards of per-
formance for both students and teachers that in general are closely aligned with state standards
related to No Child Left Behind provisions. Certain performance measures are established to
determine the extent to which specified standards are met. The board has a leading responsibility
for formulating goals that contribute to student achievement and continuous improvement of all
educational programs. The board typically functions as the appellate body involving faculty,
staff, and students when legal issues emerge involving recommended sanctions such as suspen-
sions, expulsions, and dismissal.
The board is responsible for the formulation of policies, rules, and regulations that provide
direction for the administration and operation of schools. The board is viewed as a corporate
body. Therefore, individual board members have no power beyond the power that is granted to
the full board by the legislature. Consequently, individual school board members are not free to
formulate policy or to act independently of the board as a whole. School board members are
considered public school officers and are granted powers by the legislature that are essential to
the execution of their duties and responsibilities. The board is typically advised by its attorney
and strives to act within legal boundaries established by the U.S. Constitution, state constitu-
tions, state and federal statutes, and relevant court decisions affecting the school district.
The size of school boards varies and is generally determined by state statute. The number
of school board members is typically odd to prevent a pattern of tie votes. Board members are
either appointed or elected. School boards generally consist of five to seven members, although
some districts may have fewer than five or more than seven.
One very significant duty of the school board involves the selection of its superintendent,
unless the board operates in one of the few states where the superintendent is elected by citizens
within the district. The relationship between the superintendent and the school board is best
described as a legislative–executive one within which the board formulates policy and the super-
intendent executes policy. The board delegates certain duties and responsibilities and holds the
superintendent accountable for performing them. The board evaluates the effectiveness of its
policies and may revise or delete existing policies or formulate new ones based on district needs.
The board also adopts an annual budget covering personnel, instruction, student services,
transportation, facilities, equipment, and materials needed to meet desired educational outcomes.
Professional and support personnel are employed by the board based on the superintendent’s rec-
ommendation. If the board has defensible grounds, it has the latitude to accept or reject personnel
recommendations. Terms and conditions, salary schedules, and overall staffing and evaluation
policies are determined by the board.
Because the board is accountable to the public, it is expected to operate in an open and
transparent manner. Thus, school board meetings are viewed as open meetings, as virtually all
states have enacted “sunshine laws” that allow citizens to attend open meetings and be informed
of actions taken by the board. Citizens may request an opportunity to be included on the board’s
agenda during a regular board meeting in order to speak on issues that are of concern to them-
selves or the community at large. Citizens may also access school board minutes because they
are considered public records.
School boards may hold executive sessions to discuss sensitive matters such as employee
discipline, contract issues, or attorney–board consultation. Only board members may attend
these meetings. The intent of these meetings is to protect the confidentiality of sensitive informa-
tion or potentially damaging information that may injure a person’s good name or reputation.
Consequently, all items discussed during executive sessions are confidential and should not be
divulged by board members.
School boards are expected to be accountable to the general public and specifically to their
communities for what occurs in the district regarding school safety, student achievement, teach-
ing performance, financial management, and other areas of importance. In recent years, the No
Child Left Behind Act has changed the culture of schools through the enactment of initiatives
aimed at an assessment of year-to-year student progress based on statewide assessment measures.
The school board has a leading responsibility for establishing high quality standards and
system priorities centered on enhancing student achievement. Not only is it expected to establish
high-quality performance standards, but it also has a responsibility to create an environment and
climate within which excellent teaching and learning occur. Therefore, the board must ensure to
the greatest degree possible that proper resources are provided to achieve desired district out-
comes and that funds are administered responsibly.
School Board Policies. School board policies represent a basic source of law for school per-
sonnel as reflected in the rules and regulations governing the total operation of schools. School
board policies are legally defensible as long as they do not conflict with the federal or state con-
stitutions, federal or state statutes, or case law. Once these legal requirements are met, the school
board as the delegated policy-making body at the local level may not violate its own policies. A
school board is legally required to adhere to its own policies. Failure to do so may result in legal
challenges by those adversely affected by the board’s actions.
The U.S. System of Courts

The judicial system consists of federal and state courts. The organization of the courts at both
levels is essentially the same: trial courts, intermediate courts of appeal, and the highest court,
which is the U.S. Supreme Court. State constitutions usually prescribe the powers of state courts
as well as their jurisdiction. Irrespective of the level, courts are limited only to cases or legal
conflicts presented to them for resolution. Courts cannot take it upon themselves to decide on the
constitutionality of a statute or a policy unless a suit is brought challenging the legality of that
particular statute or policy.
The courts usually perform three types of judicial functions when they are called on to act.
They (1) settle controversies through applying basic principles of law to specific factual circum-
stances, (2) interpret legislative enactments, and (3) determine the constitutionality of legislative
or administrative mandates. When applying principles of law to specific situations, the courts
may find that principles of law are vague or ambiguous. In such cases, the courts must rely on
legal precedent for direction.
In interpreting statutes, the courts, through their analogies and rulings, may actually affect
the definition of the legislation by assigning meaning to it. When determining the constitutional-
ity of statutes, courts make the presumption that such statutes are constitutional. Consequently,
those who challenge the legality of the statute must assume the burden of proof to demonstrate
otherwise. The Supreme Court in Florida addressed this issue as follows:
We have held that legislative acts carry such a strong presumption of validity that they should
be held constitutional if there is any reasonable theory to that end. . . . Moreover, unconstitu-
tionality must appear beyond all reasonable doubt before an act is condemned. . . . If a statute
can be interpreted in two different ways, one by which it will be constitutional, courts will
adopt the constitutional interpretation.3
Federal Courts
Federal courts typically deal with cases involving federal or constitutional issues (“federal ques-
tions”) or cases in which the parties are residents of different states (“diversity of citizenship”).
The federal court system includes district courts, appellate courts, and the Supreme Court.
There are ninety-five federal district courts in the United States. At least one federal court is
found in each state; larger states, such as New York and California, have as many as four. Fed-
eral courts usually hear cases between citizens of different states and cases involving litigation
of federal statutes.
Federal appellate courts are represented by circuit courts of appeal. The thirteen federal
circuit courts include eleven with geographic jurisdiction over a number of states and territories,
one for the District of Columbia, and one involving three specialized federal courts. Table 1.1
and Figure 1.1 identify the geographic areas associated with each circuit.
Many judges sit on the various courts of appeals; for example, the Sixth Circuit Court of
Appeals has fourteen judges and eight “senior” judges available to sit in panels of three judges.
The primary function of the appellate court is to review the proceedings of lower courts to deter-
mine whether errors of law (as opposed to facts) were committed, such as procedural irregulari-
ties, constitutional misinterpretations, or inappropriate application of rules of evidence. Panels of
TABLE 1.1 Jurisdiction of Federal Circuit Courts of Appeal

Circuit Jurisdiction
1st Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island
2nd Connecticut, New York, Vermont
3rd Delaware, New Jersey, Pennsylvania, Virgin Islands
4th Maryland, North Carolina, South Carolina, Virginia, West Virginia
5th Louisiana, Mississippi, Texas
6th Kentucky, Ohio, Michigan, Tennessee
7th Illinois, Indiana, Wisconsin
8th Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
9th Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana
Islands, Oregon, Washington
10th Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming
11th Alabama, Florida, Georgia
DC Washington, DC
Federal Washington, DC (specialized courts)
Source: Administrative Office of the U.S. Courts. (n.d.). Court Locator. USCourts.gov. Retrieved September 14,
2010, from http://www.uscourts.gov/courtlinks
WA ME
Western Eastern NH
VT
1
MT ND
2 MA
OR MN
Western Northern
RI
ID SD WI MI NY
Eastern Eastern Western Southern
Western
CT
Eastern WY 8 Northern
Western
3
Northern PA Eastern
NJ
Northern
IA Northern
WesternMiddle
Northern
NE 7 OH DE
Southern Southern
NV IN Northern
Central MD
UT IL Southern 6WV Eastern
CA Southern VA
9 CO MO Southern D.C.Circuit
KS Eastern KYEastern
Western
Middle
4 Federal Circuit
Western Western
10 WesternNC Eastern
Middle Eastern
Northern
Western Western TN
Eastern
Central
OK Northern SC
AR
AZ Eastern Northern
PR
Southern
NM Northern
GA VI
Western AL Middle
Northern MS Middle Southern
Western
Eastern LA SouthernSouthern 11
TX Northern
Middle
AK 5 Eastern
FL
Middle
Western
Southern
Southern
HI
GU
MP
FIGURE 1.1 U.S. Courts: The Federal Judiciary

SOURCE: Administrative Office of the U.S. Courts. (n.d.). Court Locator. USCourts.gov. Retrieved
September 14, 2010, from http://www.uscourts.gov/courtlinks
judges for appellate courts hear oral arguments from the appellant and the appellee, examine
written arguments, vote, and render a ruling. The appellate court may also, based on its finding,
remand the case to be retried by the lower court.
State Courts
State courts are the part of each state’s judicial system with the responsibility of hearing cases
involving issues related to state constitutional law, state statutes, and common law. Many
education cases are heard in state courts because they do not involve a federal question. The
structure of state courts is similar to those found in the federal courts: courts of general juris-
diction, courts of special jurisdiction, courts of limited jurisdiction, and appellate courts.
The names of these courts vary among the fifty states, but all states have at least three to four
tiers of courts.
State statutes generally prescribe the types of cases that must be heard by the various courts
within a state. Discretionary jurisdiction involves cases in which a party files a petition to the
state supreme court seeking redress. It is then left to the court to use its discretion (or discretionary
power) in deciding to accept or reject the case. It is important to understand that state courts play
a vital role in addressing many issues involving the administration of public schools.
Courts of General Jurisdiction. Courts of general jurisdiction are often referred to as dis-
trict or circuit courts. Their jurisdiction covers most cases except those held for special courts. In
many instances, decisions of these courts may be appealed to intermediate appellate courts or
even to the state supreme court. Areas adjudicated by these courts include civil, criminal, traffic,
and juvenile issues.
Courts of Special Jurisdiction. Courts of special jurisdiction hear legal disputes on special
matters. They are generally referred to as trial courts with limited jurisdiction and may be called
municipal, justice of the peace, probate, small claims, or traffic court.
Intermediate Appellate Courts. Intermediate appellate courts have emerged over the
past three decades to hear appeals from trial courts or certain state agencies. Their primary
role involves reviewing proceedings from trial courts to determine whether substantive or
procedural errors occurred in applying the law. In a sense, their duties are similar to those of
the highest court within the state; however, the primary difference between the two courts is
discretion: The intermediate court has less discretion in accepting cases than does the high-
est or state supreme court. Many, but not all, of the cases heard by the intermediate courts
are mandatory.
Appellate Courts. Appellate courts represent the highest courts within the state. They are
considered courts of last resort. In forty-four states, these are referred to as the state supreme
courts. These courts have some discretion in accepting cases, but they must hear mandatory
cases based on appeal and decide on the merits of each.
See Figure 1.2, which depicts the progression of a case through the U.S. court system.
The Trial Process. There are five essential stages to a trial. These stages are as follows:
Pleadings stage involves a complaint filed by the plaintiff and an answer to the complaint
by the defendant. The defendant may also file a motion rather than an answer requesting that
the court dismiss the case, or may require the plaintiff to further clarify the intent of the case.
Pre-trial stage is designed to seek resolution of issues that can be resolved prior to the
trial. Issues are identified that are in dispute and must be resolved at trial versus issues that
are not in dispute.
State Courts
District Court
Intermediate
Courts of
Appeal
Court of Last
Resort–
Supreme Court
Federal Courts
U.S. District
Court
U.S. Courts of
Appeal
U.S. Supreme
Court
Appeals and/or
Writ of
Certiorari*
FIGURE 1.2 Case Progression Through the Court System

*A writ of certiorari is a discretionary review granted or denied by the U.S. Supreme Court.
Motions are used by attorneys to request that the court initiate a specific action by issuing
an order to resolve a dispute. Summary judgment is an example, where the court decides
to settle a dispute or dispose of a case promptly without conducting full legal proceedings
because no issue, material, or facts exist that support a cause of action.
Discovery stage entails gathering evidence by attorneys from the plaintiff and defendant,
which involves inspecting relevant documentation and interviewing individuals who are
aware of the circumstances leading to the lawsuit. Depositions are taken and interrogato-
ries also are initiated.
Trial stage consists of jury selection. If a jury is involved (as opposed to a bench trial)
from a pool of potential jurors, jurors are questioned to determine their suitability to serve
impartially. The judge and counsel for both the plaintiff and defendant are involved in this
process. When a jury is seated, opening statements are made by the plaintiff’s and defend-
ant’s attorneys. Closing arguments are also made by each attorney when the trial con-
cludes. The judge provides specific instructions to the jury regarding the evaluation of the
case prior to its deliberations.
Case Begins
Pleadings
Pre-Trial Activity
Discovery, Motions,
Settlements,
Dispute Resolution
Efforts
Deposition
Trial
Jury Trial
Bench Trial
Jury Selection
Presentation of Evidence
Closing Arguments
Instructions and Standards of Proof
Deliberation and Verdict
Post Trial
Judgment
Right to Appeal
FIGURE 1.3 Trial Progression
Post-trial stage consists of a verdict rendered by the jury and a ruling by the court. The
party, either plaintiff or defendant, may appeal for the case to be heard by a higher court.
teps involving pre-trial, discovery, and motions may be completed concurrently or inter-
S
changeably depending upon the circumstances within the case.
See Figure 1.3 for components of the trial progression process.
Analysis of an Appellate Court Opinion

Court proceedings are concluded with a written opinion setting forth the decision of the court on
an issue under review by the court. These opinions consist of a set of components designed
to facilitate an understanding of the court’s ruling. The most common elements include the name
of the case, the year in which the case was decided by the court, the appellant’s contention,
the appellee’s defense, the procedure by which the case reached the court, the facts giving rise
to the case, the ruling of the court, the court’s rationale for the ruling, and the final disposition
on the issue.
Case (Citation)
Cases are usually named for the parties involved in the controversy. The party initiating the suit
at the trial court level is referred to as the plaintiff. The party against whom the suit or action is
brought is called the defendant. The plaintiff’s name comes first, followed by the defendant’s
(e.g., Baker v. Owen). If the case is appealed, the party initiating the appeal who was not sup-
ported at the first level becomes the appellant, and the other party becomes the appellee. In this
instance, the appellant is listed first and the appellee last (e.g., Owen v. Baker). Even though it
may take as long as several years before all legal remedies are exhausted in a particular case, the
year in the case citation indicates the time when the decision was rendered.
Procedure
The initiator of the suit (plaintiff) files a complaint seeking relief by the courts for alleged
improper actions taken by the defendant or failure on the defendant’s part to meet certain legal
standards. In either case, the plaintiff contends that an indefensible act has been attributed to the
defendant. The party against whom a complaint is filed responds to the complaint with a rationale
as to why certain actions were or were not taken. The defendant attempts to justify actions taken
in regard to the plaintiff. In appellate decisions, an explanation may be given as to how the case
reached the appellate level. An appeal or a petition for a writ of certiorari is the most common
means used to bring a case to a higher court level. At the U.S. Supreme Court level and in some
state courts of appeals, the writ of certiorari is used to remove a case from a lower court to a
higher court for review.
Facts
The facts of a case describe the specific details leading to the conflict or controversy that resulted
in the case reaching the court. The facts describe the nature of the conflict as determined by the
evidence presented during the actual proceeding. The facts are at issue only at the lower trial court
level, not at the appeals stage. Appellate courts apply the law to the facts as determined by the trial.
Ruling and Justification

The ruling of the court, made manifest in the form of the written decision or opinion of the court,
represents the court’s response to the issue presented for its review. The ruling is usually accom-
panied by a justification detailing the basis on which the ruling was made. The ruling usually
includes statements covering primary facts and the major conclusions reached by the courts.
Stare decisis— the following of precedents—is an important component of all court decisions.
Disposition
The disposition follows the ruling of the case that determines whether the plaintiff or the defend-
ant was supported by the courts in the dispute. Once the victor is determined, the court reaches a
conclusion and orders that some action be taken consistent with its ruling. If the plaintiff wins,
the court will prescribe a remedy for the damages suffered by the plaintiff. It may be in the form
of an order compelling the defendant to compensate the plaintiff for damages or an injunction
prohibiting the defendant from continuing a certain practice deemed to be unjust. If the defend-
ant is upheld, the case may be dismissed with an order that the plaintiff pay court fees and other
legal fees associated with the case. In some instances, the case may be passed to an appellate
court to determine the proper remedy. The appellate court may uphold the lower court decision,
reverse the lower court decision, or modify the decision in some manner. The court may also
remand the case back to the lower court for further proceedings based on its review of the case.
The U.S. Supreme Court

The U.S. Supreme Court is the highest court in the land. Unlike lower courts, there is no appeal
beyond the decision of this court. The Supreme Court’s ruling can be overturned only by an
amendment to the U.S. Constitution. Nine justices, including a chief justice, comprise the High
Court. To avoid political infringement, they are appointed to life terms.
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prevented, it is good practice to do so, because the time necessarily
required to establish a new colony, even supposing the cottager
succeeds in saving the swarm, would otherwise be employed in
collecting honey, and in enriching the old hive. Here, then, is one of
the features of this plan—viz., the prevention of swarming. The
period when symptoms of swarming begin to present themselves
may be known by an unusual noise, the appearance of more than
common activity among the bees in the middle box, and, above all,
by a sudden rise of temperature, which will be indicated by the
quicksilver in the thermometer rising to seventy-five degrees, as
scaled on the thermometer in the box; when these symptoms are
apparent, the bee-master may conclude that additional space is
required. The top sliding tin should now be withdrawn from under the
bell-glass, which will open to the bees a new store-room; this they
will soon occupy, and fill with combs and honey of pure whiteness, if
the weather be favourable for their uninterrupted labour. It may be
well here to mention, that if the glass have a small piece of clean
worker comb attached to the perforated ventilating tube, the bees will
more speedily commence their operations in it. When the glass is
nearly filled, which in a good season will be in a very short space of
time, the bees will again require increased accommodation; this will
also be indicated by the thermometer further rising to eighty-five
degrees. The end box, as thereon marked, must now be given them.
Previously to drawing up a slide to enlarge their crowded house, the
manager should carefully take off the empty end box he intends to
open to them, and thoroughly cleanse it, and then smear or dress
the inside of it with a little liquid honey. Thus prepared, he must
return the box to its proper situation, and then withdraw the sliding tin
that hitherto has cut it off from the middle box; by so doing, the store-
room is again enlarged. The bees will commence operations in this
new apartment. This simple operation, performed at the proper time,
generally prevents swarming; by it the queen gains a vast addition to
her dominions, and, consequently, increasing space for the
multiplying population of her domicile. Provided the weather continue
fine, and the thermometer has risen to ninety-five degrees, as
marked on the scale, the remaining tin may be also withdrawn,
thereby giving the bees admittance to another box. There is now no
lack of store-rooms or of employment for our indefatigable labourers.
The cylinder thermometer is required to be occasionally dropped into
the ventilating tube of the side boxes to ascertain their temperature;
for, if exceeding or approaching that of the middle box, it must be
reduced by ventilating: this is done by raising the zinc tops, to allow
the air to pass through the perforations. The grand object of this
system is to keep the end boxes and the bell-glass cooler than the
pavilion or middle box, so as to induce the queen to propagate her
species there and there only, and not in the depriving part of the
hive; by this means the side and upper combs are in no way
discoloured by brood. The queen requires a considerable degree of
warmth; the middle box does not require more ventilation than the
additional openings afford. The bees enjoy coolness in the side
boxes, and thereby the whiteness and purity of the luscious store are
increased."
After the foregoing directions for the working of the hive, it
remains to be told how to obtain possession of the store, and to get
rid of our industrious tenants from the super and end boxes, of which
the super glass will be almost sure to be filled first, having been first
given to them. The operation of taking honey is best performed in the
middle of a fine sunny day. The mode we prefer is as follows:—Pass
an ordinary table-knife all round underneath the rim of the glass, to
loosen the cement, properly called propolis; then take a piece of fine
wire, or a piece of string will do, and, having hold of the two ends,
draw it under the glass very slowly, so as to allow the bees to get out
of the way. Having brought the string through, the glass is now
separated from the hive; but it is as well to leave the glass in its
place for an hour or so; the commotion of the bees will then have
subsided: and another advantage we find is, that the bees suck up
the liquid and seal up the cells broken by the cutting off. You can
then pass underneath the glass two pieces of tin or zinc; the one
may be the proper slide to prevent the inmates of the hive coming
out at the apertures, the other tin keeps all the bees in the glass
close prisoners. After having confined the bees in the glass for a
short time, you must see whether they manifest symptoms of
uneasiness, because, if they do not, it may be concluded that the
queen is among them. In such a case, replace the glass, and
recommence the operation on a future day. It is not often that her
majesty is in the depriving hive or glass; but this circumstance does
sometimes happen, and the removal at such a time must be
avoided. When the bees that are prisoners run about in great
confusion and restlessness, the operator may conclude that the
queen is absent, and that all is right. The glass may be taken away a
little distance off, and placed in a flower-pot or other receptacle,
where it will be safe when inverted and the tin taken away: the bees
will then be glad to make their escape back to their hive. A little
tapping at the sides of the glass will render their tarriance
uncomfortable, and the glass may then be taken into a darkened
room or out-house, with only a small aperture admitting light, which
must be open; the bees, like all insects, make towards the light, and
so escape. The bee-master should brush them off with a feather
from the comb as they can be reached; but on no account, if there
are many bees, should the glass be left, because the bees that are
in the glass will gorge themselves to their full, and speedily bring a
host of others from the adjacent hives, who, in a very little time,
would leave only the empty combs. It is truly marvellous how soon
they will carry all the store back again, if allowed to do so. An empty
glass should be put on to the hive in place of the full one, as it will
attract the bees up, thereby preventing the too close crowding of the
hive; and, if the summer be not too far advanced, they will work more
honey-comb in it.
The removal of the end boxes is a somewhat similar process, but
they should on no account be taken away, at the same time as the
glass, or, indeed, at a time when any other hive is being—robbed we
were going to say, for it is robbery to the bees: they intended the
honey for their winter food, and are much enraged at being deprived
of it. First shut down the dividing tin; the bees in the end box are now
prisoners separated from the hive; keep them so half an hour, and
then take away the box bodily to another part of the garden, or into
the dark out-house, as before recommended.
It may not be out of place here to say something respecting the
enthusiastic inventor of the collateral hive—Thomas Nutt—who was
an inhabitant of Spalding, in Lincolnshire. Having been disabled
during a considerable period by rheumatic fever, he devoted all his
attention to bees, at a time when bee-culture was but little valued;
and, although it must be admitted that two boxes were used side by
side long before Mr. Nutt's day, still it is due to him to state that the
adoption of three boxes was entirely his own idea, and that, so far as
he then knew, the collateral system was his original invention. His
statements have been severely criticised, and it does appear almost
incredible that the weight of honey which he names could have been
produced in one season. But as in the district where he lived there is
grown an immense quantity of mustard seed—the flowers of which
afford excellent forage for bees—the honey harvests there would,
doubtless, be very large. If Mr. Nutt has given his little favourites too
much praise, it will be only charitable now to account for his
statements by an excess of zeal and enthusiasm in this his study of
bee-culture. It may be that the golden harvests he spoke and wrote
of have been so far useful that they have induced many to
commence bee-keeping, some of whom, whilst they condemned his
statements, have themselves written really useful and practical
works on the subject, which otherwise might possibly never have
appeared. As the monks of old kept the lamp of religion burning,
however dimly, until a more enlightened age, so Thomas Nutt may
have assisted in a somewhat similar manner by energetically
propounding his views, and thereby causing other apiarians to rise
up, whose names are now as familiar to us as household words, and
whose works posterity will value. The writer of these pages has often
accompanied Mr. Nutt on his visits to his patrons in the
neighbourhood of London, and seen him perform his operations
regardless of the anger of the bees, and free from all fear of their
stings. He often expatiated on the cruelty of the brimstone match and
suffocation, denouncing the barbarous custom in the following terms:
"You may as well kill the cow for her milk, or the hen for her eggs, as
the bee for its honey; why continue to light the fatal match, when
every cottager in England has the means of saving this most useful
and valuable insect?"
NEIGHBOUR'S IMPROVED SINGLE BOX HIVE.

We have introduced the "Single Box Hive" to suit the
convenience of those who, though desirous of keeping bees on the
improved principle, do not wish to incur the expense or devote the
space which is necessary for Nutt's hive.
It consists of a lower or stock-box a, eleven inches square, nine

inches deep, with three large windows, a thermometer d, as in
Nutt's, being fixed across the front one, protected at the sides by
strips of glass, to prevent the bees obscuring the quicksilver from
sight, b is a cover the same size as the lower hive, large enough to
allow space for a bell-glass nine inches wide, six inches deep. e is
the ventilator between the glass and the stock-hive, intended to
prevent the queen travelling into the super hive, and also, by cooling
the hive, to endeavour to prevent swarming; a sloping pagoda roof,
with an acorn top, completes the upper story. A floor-board with a
block front, as in Nutt's collateral, forms the base, the entrance being
sunk, as before described, and furnished with zinc slides to reduce
or close it as may be required. To stock a hive of this description, it is
necessary to send the stock-box to the party with whom you have
agreed for the supply of a swarm. In the evening of the day the hive
is thus tenanted, remove it to the position it is designed permanently
to occupy; if the swarm has to be procured from a distance, and is
transported by rail or other conveyance, a perforated zinc slide
should be substituted for the plain slide that covers the top, and a
large piece or perforated zinc must also be tacked to the bottom after
the swarm has settled in. Thus securely confined, with a free
circulation of air throughout, bees that have been' swarmed the day
before may be safely sent any distance that will allow of their being
released the day after; because bees, though they provision
themselves for a couple of days, cannot with safety be confined in an
empty hive much longer.
Having now, we will suppose, procured your swarm, and placed it
in a south or south-east aspect, you may, with advantage if the
weather be wet, give a little liquid food: the feeding in this hive is
performed at the top of the stock-box, where the glass is worked.
Our round feeding pan, or the new feeding bottle, may here be used.
Any fancy as to the position may be indulged in, but must be settled
on by the time the bees are set at liberty, because any alteration
afterwards is detrimental to the working of the hive. The bees, on
first issuing forth, carefully mark their new abode and the
surrounding objects, so that, if a change be made, they are
completely thrown out in their observations, which confuses them not
a little, and occasions loss. Bees always return to the same spot; it is
the locality that they know, and if the hive is moved a less distance
than a mile, thousands return to the spot on which the hive has been
accustomed to stand.
Allow your bees to collect honey and build their combs for ten
days or a fortnight. Much now depends on the weather; if fine, by this
time they will require additional room, which will be indicated by the
thermometer d rapidly rising; 100 degrees is the swarming point. The
hive must be kept below this by ventilation.
Access must now be given to the flat bell-glass at the top, which
is done by withdrawing the top slide. In a few hours, sometimes
immediately, the work of comb-building begins in the glass—all the
sooner, if a piece of clean empty comb be placed therein.
It is of service to keep the glass warm by means of a worsted or
baize bag; it prevents the temperature from falling at night, when
much comb-building is carried on, providing the heat is not allowed
to escape. Probably, if all goes on well, in three weeks the glass will
be found filled with fine white honey-comb. When you find that the
comb is well sealed up, it is time to take it off; but if the cells are
unfilled and unsealed, let the labourers complete their work—a little
experience will soon enable the bee-keeper to determine this point.
The plan to be adopted for taking glasses of honey, comb is the
same as described for Nutt's hive.
TAYLOR'S AMATEUR SHALLOW BOX OR EIGHT-

BAR HIVE.
Taylor's Amateur Hive, as seen by reference to the engraving,

consists of three boxes—the lower one, a, is the stock-box, in which
the swarm is first placed; b is the first super; and c, the centre box:
all three boxes are of the same diameter, viz., thirteen and a half
inches square inside, a, the stock-box, is seven and a half inches
deep; b, six and a half inches: both are fitted with eight moveable
bars, each bar being one inch and an eighth wide, with spaces of
half an inch between, and all easily removed by unscrewing the
crown-board, in which are two openings closed by zinc slides. The
middle box, c, has no bars, and is still shallower than either of the
other boxes, being five inches deep. In many localities and seasons,
the third box may not be required. Each box has two windows, one
at the back and another at the side, a zinc shutter, sliding in a
groove, excluding light and retaining warmth. The box c differs from
the others in another respect; instead of bars, it has a grating made
by seven openings, each half an inch wide and nine inches long:
these three boxes stand on a stout floor-board, in which is cut the
entrance way, four inches wide and three-eighths of an inch high.
The floor-board projects so as to support an outer cover of half-inch
wood, surmounted by a sloping roof. This is an effectual protection
from the weather, and is necessary when hives are exposed; of
course, if placed in a bee-house, such protection may be dispensed
with. The outer case is well painted, of a green colour, and when it is
used the hive may be placed in any part of the garden. The
dimensions of this hive, with outside cover, are eighteen inches
square, and two feet six inches high.
Suitable stands are provided, consisting of a stout pedestal with
four feet. Stakes should be driven into the ground to secure the
whole against wind. Height from the ground, four feet three inches.
The bars before alluded to are for the purpose of inducing the
bees to build parallel combs, for without such an arrangement
extraction would be impossible. It is a great convenience, in many
ways, to be able to take out a bar of comb; it gives such a complete
control over the hive.
To ensure comb-building on the bars, pieces of clean worker-
comb should always be carefully preserved; and before a swarm is
put in, either every bar or, if guide comb is not plentiful, every other
bar should have a piece fixed to it in the following manner:—Cut a
piece of clean empty comb of the required size, say two inches
square, not less; heat a common flat iron, with which slightly warm
the bar; then melt a little bees'-wax upon it; draw the comb quickly
over the heated iron, hold it down on the centre of the bar, giving a
very slight movement backwards and forwards; then leave the wax
to grow cold, and, if cleverly managed, the guide will be found firmly
attached. Care must be taken that the pitch or inclination of the comb
be the same as it is in the hives—upwards from the centre of each
comb. A new plan has lately been introduced by Mr. Woodbury, of
Exeter, to facilitate the correct construction of parallel combs.
NEIGHBOUR'S IMPROVED COTTAGE HIVE.

Our Improved Cottage Hive is neatly made of straw, bound with
cane, and therefore very durable.[9] The lower hive is covered with a
wooden top, having in it three holes, through which the bees convey
their honey into three middle-sized bell glasses with ventilators,
which, when filled, hold about 6 lbs. each. There is a hoop at the
bottom, another round the top of the lower hive; to this the wooden
crown-board is fastened. These hoops are a great improvement, and
are less liable to harbour insects than if straw alone were used. The
floor-board, as its name implies, is a wooden board one and a
quarter inch thick, with a projection of three or four inches under the
entrance to form an alighting place. This entrance is cut out of, or
sunk in, the board.
[9] This is the hive referred to by the Bee-Master of the Times,
when he says:—"The second kind of hive I alluded to is made of
straw, and may be purchased at Neighbour's, in Holborn.... It is so
well made that it will last very long. I have had one in constant use
during ten years, and it is still as good as when it was bought."
There are three windows in the lower hive, each closed with a
shutter; these are very useful and interesting for inspecting the
progress made. Across the centre window is a thermometer,
enclosed at the sides by slips of glass. The window shutters being
painted green, add very much to its appearance. The upper hive,
which is merely a cover for the glasses, is a conical-topped hive,
also made of straw bound with cane; a hoop is worked into the straw,
and made sufficiently large to allow the cover to drop over the top
hoop of the lower hive, keeping the whole close, and preventing wet
from drifting in. A zinc ventilator, ornamentally painted, forms the
apex: this is useful in letting the confined hot air pass away in warm
weather. The ventilator is opened by raising it. The dimensions of the
lower or stock-hive are fifteen inches diameter, nine and a half
inches deep outside; its weight, when empty, seven and a half
pounds. The cover, or top hive, is twelve inches deep and fifteen
inches in diameter; the ornamental zinc top being four inches deep.
The whole is about twenty-four inches high. The weight of a hive
packed, including glasses, &c., is about 18 lbs.
These hives have a tasteful appearance in the garden, but they
require some further protection from the weather in the form of a
cover or of a bee-house—contrivances that have yet to be
described. In extreme cold weather, a little additional protection, by
having matting folded round them, will be advisable.
One of the advantages this hive has over the common cottage
hive is, that it affords opportunity for the humane management of
bees. The owner has also the power of taking a glass of honey-comb
of pure quality, free from the extraneous matter known as "bee-
bread," instead of combs that are darkened by having brood hatched
in them. By this system, we have combs newly made and used only
for depositing the honey first put into them; hence the name "virgin
honey." These glasses have a very pretty appearance, and, when
nicely filled, are very convenient for home use or for making
presents. The lower hive is the receptacle for the bees; when a
swarm is placed in this hive, they immediately proceed to fill it with
combs, in which to store honey for themselves, and for cells to breed
in. This hive remains undisturbed.
The best mode of tenanting a hive of this description is by placing
an early and strong swarm in it, which may be generally procured of
a neighbouring bee-keeper; if from a distance, considerable care is
necessary to admit plenty of air; the shaking attendant upon carriage
irritates the bees so much, that, if not well ventilated, there is danger
of the swarm being stifled, and the finer the swarm, the greater the
danger. For the purpose of ventilation, remove the slides and
substitute perforated zinc, wrapping the hive up in a coarse cloth of
open texture (dispensing with the floor-board during transit when the
distance is great).
It is necessary only to send the lower or stock hive to the party
furnishing the swarm, taking the precaution to fix the slides at top
with tacks, as the hive has to be inverted to receive the bees. They
are shaken into it in the usual manner,[10] as they cluster around the
branch of the tree or shrub on which they may have chosen to alight.
After the hiving is accomplished, the hive should be left near to catch
any stragglers, for there will always be a few; towards evening, close
the entrance, and remove them to the exact position they are
intended permanently to occupy. Success depends on this, and also
on their careful removal on the day or evening of swarming. The
following morning the bees labour in the new location, marking well
their habitation before they take flight, and to which they will not fail
to return, loaded with luscious store.
[10] Sometimes swarms alight on trunks of trees or on walls,
where it may be difficult to shake or brush them off. In the Journal
of Horticulture, Mr. Woodbury mentions an instance of this kind,
which he experienced last summer:—"A swarm clustered among
the large branches of a pear-tree, just at their point of union with
the trunk. In this case he merely supported a straw hive just over
the swarm with the left hand, whilst he struck the trunk of the tree
with the open palm of the right. The vibration thus produced sent
the bees up into the hive with great rapidity, and the entire swarm
was speedily hived in the most satisfactory manner." A few whiffs
of smoke will accelerate upward movement of swarms in such
circumstances.
A fortnight must be allowed for filling the stock-hive; then, if the
weather be fine and warm, they will prepare to swarm again, as will
be indicated by the thermometer rising rapidly to 100 degrees or
upwards. One of the zinc slides on the wooden top must now be
withdrawn, and a bell-glass put on, covered and protected by the
upper hive; the other glasses may then be given in the same
manner, a day or two after which, should the weather continue
favourable, all signs of swarming will at once disappear, the bees
now having increased store room, which they will readily fill with
comb. It is often found useful to attach a piece of clean empty honey-
comb to the ventilating tube of the glass; it is an attraction, and
induces the bees to commence working in it sooner than they
otherwise would do. The ventilator should always remain open
during the day, to allow the hot air to pass away from the interior,
thereby contributing to the whiteness and beauty of the work; the
bees enjoy the refreshment of coolness thereby afforded, and they
work the faster for it. At evening, all ventilation should be stopped,
and the glasses wrapped round with flannel or some warm material,
for the reasons mentioned at page 65.
The directions for taking honey are much the same as before
mentioned. Some apiarians, however, consider that deprivation is
more easily accomplished by disconnecting the super over night, in
the manner described at page 58. The bee-keeper, equipped with
bee-dress and gloves, must first raise the glass of comb, and,
blowing a little smoke to intimidate and drive back the bees, wedge it
up all round, an inch or so from the crown-board, by means of three
or four blocks, thus to remain all night. This operation is best
performed a little before dusk. Bees are then less likely to come out,
and if they should do so, will speedily return. The opening in the
crown-board remains unclosed, to afford the bees the opportunity of
descending, and joining the stock-hive below, which they will
naturally do for warmth. The upper straw-hive, or cover for the
glasses, is better placed on for the night. Early in the following
morning, before the bees are much about, the super will be ready for
removal. The few bees that remain within may be speedily induced
to quit, and will fly to the entrance. The slides covering the holes in
the crown-board must be inserted, or an empty glass can be put on,
to take the full one's place. A slide seven and a half inches square is
furnished with the hive; this is useful to remove the glass upon.
The holes in the wooden top of this hive are of a peaked shape,
to act as a preventive against slaughtering any bees whilst pushing
the slide in for the purpose of removing the glass when full. The
tacks before alluded to should be removed from the slides when the
hive is fixed in its place; they are now in the way of cutting off the
glass. The entrance slide is very serviceable during the winter
months, to lessen the passage way, thereby' preventing the
admission of too much cold air: it is also occasionally useful on a
summer evening, to lessen the entrance when moths are
troublesome; for if there be only a small opening, the bees can guard
it, and easily repulse intruders. During the time of gathering, they
require the whole width to remain open.
When the weather is so unfavourable as to prevent the bees
leaving home for a few days after being hived, it will be necessary to
feed them. Bees should not be fed in the midst of winter; the proper
time is in the autumn or in the spring.
The best mode of feeding is at the top of the stock hive. This is
done by using the round feeder.
The bottle feeder may be used instead of the round feeder, and in
the same place, by those who give the preference to that method.
Whilst on the subject of feeding, it may be well to suggest to the
bee-keeper, that, after the honey harvest, he should ascertain the
state of the stock-hive, because we have sometimes found that hives
which were very strong during summer, and which have yielded a
good supply of honey, have been left rather poorly off for the winter.
No doubt, under the impression that those nicely-filled supers which
the bees intended for themselves would be amply sufficient for their
sustenance, they have, for the most part, devoted the space below
to the queen for breeding, little imagining that the precious store
would be taken away, and consequently have left themselves too
small provision for autumn and winter.
The apiarian having, therefore, so richly reaped the fruit of his
bees' labours, it is but right that he should guard against the
labourers themselves suffering any want therefrom. The state of the
interior of the hive may be ascertained by applying a weighing
machine, and the requisite supply administered by feeding. Both
weighing machine and feeder are described further on.
The simplicity and easy management of this hive have
deservedly rendered it an especial favourite, combining, as it does,
real utility with many conveniences to satisfy the curious. Not a few
bee-keepers desire to unite the two qualifications, and no hives
combine these advantages in a greater degree than Neighbour's
improved cottage hive.
IMPROVED COTTAGE HIVE WITHOUT WINDOWS.

This hive is of precisely the same size, construction, and
management as the last mentioned, with the exception that it has no
windows or thermometer in the lower or stock hive. The apiarian,
with this hive, will have to trust more to his own judgment as regards
the likelihood of swarming, and must watch the appearance the bees
present at the entrance. When it is time to put on supers, in order to
prevent swarming, premonition will be given by the unusual numbers
crowding about the entrance, as well as by the heat of the weather,
making it evident that more room is required for the increasing
population.
Not being able to form an idea of the state of the hive in spring
and autumn by looking into the stock-hive, it will be advisable to
adopt the means of weighing. A stock at Michaelmas should weigh
20 lbs., exclusive of the hive, or be made up to that weight by
feeding.
THE LADIES' OBSERVATORY OR CRYSTAL BEE-

HIVE.
The following engraving illustrates the construction of the Ladies'

Observatory Hive. The stock-hive is cylindrical, with a flat top and a
hole in the centre; the dimensions twelve and a half inches inside,
eight and a half inches deep; the outer cover being raised, and made
of stout glass, so as not easily to break. A support, composed of
even wooden bars fixed on a pedestal from the floor-board, is very
useful for the bees to cling to and attach their combs, instead of
resting wholly against the glass.
The floor-board is of mahogany, the border being French
polished. A middle-sized bell-glass, for deprivation, is placed over
the hole; this hole may be closed by a zinc slide. A cover of straw,
eighteen inches deep, fifteen inches wide, with a zinc ventilating top
similar to that affixed to the cottage hive, completes the
arrangements. The weight of the stock-hive and board is about 16
lbs.
This hive is well adapted for those persons who are desirous of
having the opportunity of more closely examining the workmanship
of these industrious and interesting insects, as the whole of the
interior may be exposed to view; it is particularly suitable for a
window or an indoor apiary, and will also be found a valuable
addition to the green-house. Under these circumstances, the
entrance-way should be covered with a flat piece of glass, and an
aperture cut in the sash corresponding with the entrance to the hive;
through the glazed passage the bees may then find egress and
ingress without being able to gain access to the apartment. An
alighting board, four inches wide, must be fixed outside, on a level
with the entrance.
We had a hive of this kind in operation at the Great Exhibitions of
1851 and 1862, fixed after the manner above described. It answered
admirably, and excited much interest and curiosity, though placed
there under many disadvantages.
When a hive of this kind is to be stocked, procure an early and
strong swarm, which must be temporarily hived in a common straw
hive, from which dislodge the bees into the glass hive, but for this
purpose a little preparation will have to be made. Spread a sheet on
the ground, place the mahogany floor-board on it with the support,
put three bricks, or some solid blocks of about the same substance,
upon which the glass will rest; then, with a sharp and sudden blow,
precipitate the swarm out of the straw hive on to the floor-board and
support, place the glass hive on the bricks, and the bees will collect
under the bars and on to the pedestal. In about one hour's time the
whole will have settled quietly and all the stragglers on the board will
have collected together, the swarm hanging pear-shaped from the
bar support; the bricks can now be removed, and the glass put in its
right place on the floor-board. The straw cover being put on the hive,
it can be removed to the place it is destined permanently to occupy.
The light should not be admitted for some days after hiving; if
undisturbed, the bees will speedily build comb, working from the
wooden bars, which are placed there for their assistance and
support. In ten days or a fortnight, if the weather continue fine and
warm, they will prepare to swarm again; the opening at the top must
now be unstopped, and the bell-glass put on, guide-comb having
been previously fixed. The directions given for the improved cottage
hive equally apply to the ladies' observatory hive.
It is advisable, in winter, to furnish the glass stock-hive with more
protection from cold than is afforded by the straw cover alone; some
thick baize, or wrapper of wadding, for which there is space between
the glass hive and the cover, will prevent so much moisture
condensing on the sides of the glass. Moisture is injurious, causing
the combs to grow mouldy; a little protection in the way of wrapping
very much prevents this.
The hole at top is used for supplying food, should the apiarian
fear the stock of honey is in danger of running short; either the bottle
feeder or the round feeder maybe used for the purpose.
COTTAGER'S HIVE, FOR TAKING HONEY IN

STRAW CAPS, WITHOUT THE DESTRUCTION OF
THE BEES.
A very prevalent opinion exists, that bees do better in straw than
in hives made of any other material. Another opinion prevails, viz.,
that the old-fashioned straw hive is the least expensive, the most
simple, and the most productive. Although we cannot go so far as
this, we are willing to admit that a simplified adaptation of the
humane system to the old common straw hive is the most suitable to
put into the hands of that large class of bee-keepers—cottagers. By
these the more fanciful hives will be instantly condemned; besides,
the expense puts them quite beyond the reach of the poorer class.
The object aimed at in planning our Cottager's Hive has been to
furnish a depriving hive that should be at once easy of management,
inexpensive, and convenient. The stock-hive, into which the bees are
first hived, is a round straw hive, having a flat top, with a hole in the
centre. The size of this lower hive is seven or eight inches deep,
fourteen inches across the bottom, finished with a wooden hoop,
which adds very much to the firmness and durability of the hive. The
floor-board is one and a quarter inch thick, with a way sunk therein
for the entrance. A small round mat of straw closes the hole in the
top; this mat may be fixed by wooden pegs. We have now described
what is termed the stock-hive, which is, in fact, an old-fashioned
straw hive, adapted, modernised, and improved to the more
humane, viz., the depriving, system. The weight of the stock-hive,
with its floor-board, is about 7 lbs.
The super or cap hive is about seven inches deep, eight inches in
diameter, and, when filled, contains about 10 lbs. of honey and
comb. A glass window, which is placed at the side, is useful for
inspecting the progress made in filling it!
A common straw hive, sufficiently deep to cover, drops over the
super, keeping the window dark, and fitting close on to the stock-
hive. This cover-hive may be made fast by driving in two skewers,
one on either side, to keep the whole firm. Unless placed in a bee-
house or under a shed, the outside should be painted; or a piece of
oil-cloth, or water-proof covering of any kind, shaped so as to shoot
off the rain, will save the trouble of paint, and answer the purpose. If
no protection of this sort is used, the rain is likely to rot the straw. As
a covering, cottagers often use straight stiff thatching straw, sewed
together; this contrivance is termed a "hackle," and has a pretty
appearance, particularly if a number of hives are in a row. Care has
to be exercised that mice do not make the covering hive a resting-
place. Mortar is often used for fastening round the hive at the
bottom: this is a bad plan, as it forms a harbour for insects; the
wooden hoop fits so close as to leave little necessity for anything of
the kind.
The principle of the depriving system is so much the same with
all our hives, that a good deal of repetition is necessary in describing
in detail the management of each separate variety. The object aimed
at with the cottager's hive, as, indeed, with all our hives, is to provide
a compartment for the bees to live in with their queen, she being the
mother of all. It is intended, by inducing the queen to remain in her
original apartment, that all breeding should be there performed, as
well as the storing of bee-bread and honey, for the winter
sustenance of the bees. The cap hive, or upper chamber, known as
the "super," is for the storing of honey, which the bee-keeper looks
upon as a surplus, and which, at the close of the honey gathering, or
as soon as filled, he intends to deprive the bees of, and appropriate
to his own use, of course taking care to leave sufficient in the lower
or stock hive for winter sustenance.
The mode of stocking a hive of this kind is so familiarly known,
that any who at all understand the hiving of bees into a common
straw hive can make no mistake or find any difficulty in performing it.
Lest these pages should fall into the hands of persons who are not
so acquainted, we will refer them to the directions already given at
pages 21 and 72.
The hive may be smeared inside with a little honey, if at hand; but
this is unimportant, as a clean hive answers well. Some older bee-
keepers prefer to give a little dressing, to encourage the bees to like
their new home.
After the swarm has been in the hive two weeks, the straw super
hive may be put on, first removing the straw mat, to give the bees
access to it. If the hive be a stock, that is, a swarm of the last or
previous years, the super may be put on as soon as the weather is
fine and warm, in May. But much depends on the weather and
strength of the hive, as regards the time occupied, by the bees in
filling the super; in favourable weather a fortnight suffices.
If, on looking in at the little window, the bee-master sees that the
cells are sealed over, the cap of honey may be removed in the mode
already described. The cells near the window are the last to be filled,
so, when they are sealed, it is safe to conclude that the combs in the
unseen parts are also finished.
Sometimes the queen ascends and deposits her eggs; if, on
turning up the super, brood be visible, replace the cap for a few
days, until the young bees quit their cells. When thus emptied, honey
will be deposited in lieu of the brood.
Suitable pedestals for these hives to stand upon may be
obtained. It is important that these be firmly fixed, and the hive also
made fast to the stand, to prevent its being blown over by high
winds.
WOODBURY BAR AND FRAME HIVES.
Mr. Woodbury's Bar and Frame Hive, as originally made, consists

of a wooden box, fourteen and a half inches square inside, nine
inches deep. This is a hive of large size, but the actual habitable
space inside is lessened by the room occupied by the frames, of
which there are ten; these rest on a rabbet a little below the surface,
leaving a space of three-eighths of an inch between the upper side
of the bars and the crown-board. This allows a free passage on the

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School Law and the Public Schools: A

Practical Guide for Educational Leaders

Policy Studies for Educational Leaders: An Introduction

School Law: Cases and Concepts (Allyn & Bacon

Law and Ethics in Educational Leadership: Law Ethic

Organizational Behavior in Education: Leadership and

(eBook PDF) Educational Psychology for Learning and

Conducting School Based Functional Behavioral

The Palgrave Handbook of Educational Leadership and

Gifts, Glamping, & Glocks (A Camper & Criminals Cozy

Chapter 1 Legal Framework Affecting Public Schools 1

Chapter 2 Religion and the Public Schools 16

Silent Prayer and Meditation 20

Chapter 3 Student Rights and Restrictions 53

Chapter 4 National Security and School Safety 101

Chapter 5 Individuals with Disabilities 125

Individualized Educational Program Requirement 132

Chapter 6 School Personnel and School District Liability 156

School Liability and Use of Technology by Students 161

Chapter 7 Liability and Student Records 188

Chapter 8 Teacher Freedoms 203

Religious Discrimination in Public Schools 217

Chapter 9 Discrimination in Employment 223

Chapter 10 Recruitment, Tenure, Dismissal, and Due Process 247

Chapter 11 The Instructional Program and School

No Child Left Behind Act of 2001 294

Chapter 12 School Desegregation 315

Remedial Altering of Attendance Zones 318

Chapter 13 Public School Finance 330

Appendix The Constitution of the United States and Selected

Glossary of Relevant Legal Terms 343

Case Index 347

Subject Index 352

New to This Edition

• Procedures for Evaluating Threats

• Documentation of Teacher Performance

I would also like to express my appreciation to my wife, Lorene, and my children,

Legal Framework Affecting

Bill of Rights and the Fourteenth Amendment

The Federal Constitution

Court or Case Law

Researching Case Law

New Jersey v. TLO

Local School Boards

The U.S. System of Courts

TABLE 1.1 Jurisdiction of Federal Circuit Courts of Appeal

FIGURE 1.1 U.S. Courts: The Federal Judiciary

FIGURE 1.2 Case Progression Through the Court System

FIGURE 1.3 Trial Progression

Analysis of an Appellate Court Opinion

Ruling and Justification

The U.S. Supreme Court

NEIGHBOUR'S IMPROVED SINGLE BOX HIVE.

It consists of a lower or stock-box a, eleven inches square, nine

TAYLOR'S AMATEUR SHALLOW BOX OR EIGHT-

Taylor's Amateur Hive, as seen by reference to the engraving,

NEIGHBOUR'S IMPROVED COTTAGE HIVE.

IMPROVED COTTAGE HIVE WITHOUT WINDOWS.

THE LADIES' OBSERVATORY OR CRYSTAL BEE-

The following engraving illustrates the construction of the Ladies'

COTTAGER'S HIVE, FOR TAKING HONEY IN

WOODBURY BAR AND FRAME HIVES.

Mr. Woodbury's Bar and Frame Hive, as originally made, consists

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