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An invaluable, comprehensive resource for the vibrant and ever-evolving landscape of education law.
California School Law provides an accessible, comprehensive source for the latest law and policy in this rapidly changing and critical field. Earlier editions of the book, authored by Frank Kemerer and Peter Sansom, have become coveted desktop references for administrators, governing board members, education attorneys, union leaders, and policymakers. In this updated and expanded fourth edition, Dean T. Adams and Margaret A. Dalton bring this analysis up to the present, including examining California's often unique state law as well as applicable federal law, and exploring how they combine to affect the day-to-day operation of the state's traditional public, charter, and private schools.
Beginning with an explanation of the legal framework for California schooling, the book moves quickly to examine important areas of law including curriculum, teacher and student rights of expression, religion in the public school setting, racial and gender discrimination, students with disabilities, student discipline, privacy, search and seizure, and legal liability in both state and federal court. Also included are chapters on unions and collective bargaining, employment, and educational finance issues.
Law never stands still and is proceeding at a record pace in education. This book is an invaluable tool for readers who wish to obtain a working knowledge of this extensive area of education law.
Price: $40.00
Pages: 656
Publisher: Stanford University Press
Imprint: Stanford University Press
Publication Date:
10 February 2026
Trim Size: 9.00 X 6.00 in
ISBN: 9781503644366
Format: Paperback
BISACs:
"As a school leader with more than 30 years of experience, I can confidently say that California School Law is the kind of essential resource every educational leader should keep within arm's reach—marked up, tabbed, and referenced often. It's written in language that is both accessible and relatable, making complex legal concepts understandable without sacrificing depth. This comprehensive guide covers everything from constitutional foundations to current issues in student discipline, special education, and equity. What sets it apart is how it contextualizes key legal principles with relevant case law and real-world scenarios - exactly the kind of guidance school leaders need when navigating today's ever-evolving educational landscape. Whether you're new to the role or a seasoned administrator, this book belongs on your desk, not your shelf."
—Dr. Gloria E. Ciriza, San Diego County Superintendent of Schools
Dean T. Adams is Founding Partner at Adams Silva & McNally LLP.
Margaret A. Dalton is Professor of Law at the University of San Diego School of Law.
Tables and Figures
Abbreviations
Preface
1. Law and the California Schooling System
What Constitutes School Law?
Constitutional Law
Statutory Law
Administrative Law
Contract Law
Judicial Law
The California Schooling Structure
Parent Rights and Responsibilities
Choosing a Private School
Homeschooling
Rights Within Public Schools
Expanding Parent Choice
California Charter Schools
Starting a Charter School
Operating a Charter School
Constitutionality of Charter Schools
California Private Schools
Voucher Programs
Summary
2. Attendance, Safety, Instruction, and Assessment
Attendance
The Compulsory Attendance Law
Attendance Records
Exemptions from Attendance
Absences and Truancy
Safety
Maintaining a Safe and Healthy Learning Environment
Curriculum and Instruction
Curriculum Content Standards
Curriculum Censorship
Classroom Instruction
Class Size Reduction
Educating Targeted Groups
Teacher Preparation and Evaluation
Copyright Law
The Internet
Controlling Access to Inappropriate Material
Privacy and the Internet
Distance Learning and New Internet Privacy
Rights Laws
Artificial Intelligence
Assessment and Accountability
The Influence of the No Child Left Behind Act
Summary
3. Equity, Adequacy, and School Finance
Does Money Matter?
The Quest for Equity
Foundation Funding
Litigation
State Court: Serrano v. Priest I (1971)
Federal Court: San Antonio Independent School
District v. Rodriguez (1973)
State Court: Serrano v. Priest II (1976)
Proposition
Changes to the California School Finance System
Revenue Limit Funding
Categorical Aid
Local Control Funding Formula
Local Control and Accountability Plans
Federal Funds
Student Fees
Other Sources of School Revenue
Facilities Funding
Funding Charter Schools
The Block Grant System, LCFF, and LCAP
The Special Case of Nonclassroom-Based Charters
Facilities
The Movement Toward Adequacy
Summary
4. Unions and Collective Bargaining
The Three Stages of Collective Bargaining
Unionization Stage
Contract Negotiation Stage
Contract Administration Stage
Collective Bargaining Under the Educational
Employment Relations Act
The Role of the Public Employment Relations
Board
Covered Employees and Schools
Deciding on the Appropriate Bargaining Unit and Choosing a Representative
Scope of Bargaining
Contract Negotiation
Contract Administration
The Grievance and Arbitration System
The Role of the Arbitrator
Unfair Labor Disputes
Organizational Security Arrangements
Future Challenges
Summary
5. Employment
Classifications and Categories of Public School Employees
Property Rights in Employment
Certificated Employees
Credentials
Classifications
Substitute
Temporary
Probationary
Permanent
Evaluation and Reassignment
Discipline of Probationary and Permanent
Employees
Non-Reelection and Dismissal of Probationary
Teachers
Dismissal of Permanent Teachers
Immoral or Unprofessional Conduct
Unsatisfactory Performance
Evident Unfitness for Service
Persistent Violation of or Refusal to Obey
School Laws
The Dismissal Hearing Process
Layoff
Classified Employees
Categories
Evaluation and Discipline
Dismissal and Layoff
Merit System School Districts
Administrators
The Personnel File
Public School Employee Leave Rights
Federal and State Antidiscrimination Laws
Title VII
Americans with Disabilities Act and Section
Fair Employment and Housing Act
Summary
6. Rights of Expression
Educator Expression Rights
Speaking Out on Matters of Public Concern
Mt. Healthy Test
Complaints About Working Conditions
Expression Through School Channels
Use of Electronic Communication Devices
Educator Association Rights
Whistleblowing
Student Expression Rights
Face-to-Face Communicatio
Expression Targeting Protected Identities
Expression Through Electronic Communication
Devices
School Regulation of Off-Campus Speech
Expression Through School Channels
Student Dress, Grooming, and Uniforms
Right of Association
Expression Rights in the Classroom
Teacher Academic Freedom
Student Classroom Expression
Summary
7. The School and Religion
Federal and California Constitutional Law
No Government Establishment of Religion
Protection for Free Exercise of Religio
Manifestations of Religion on Campus
The Pledge of Allegiance
School Prayer
School-Sponsored or Endorsed Public Prayer
Private Prayer and Religious Exercise
Religion in the Classroom
Teaching about Religion
Student Religious Papers and Presentations
Holiday Observances and Religious Music
Graduation Prayer and Religious Speeches
Access of Religious Groups to Campus
Student Religious Groups and the Equal Access Act
Community Use Policies
Religiously Based Exemptions
Transgender Students, Public Schools, and Religion
Aid to Religious Private Schools
Direct Aid Programs
Indirect Aid Programs Through Vouchers and Tax Credits
Summary
8. Students with Disabilities
Special Education Law
A Brief History
Sources of Special Education Law
The Language of Special Education
Free Appropriate Public Education (FAPE)
Procedural Component
Substantive Component
FAPE and the Least Restrictive Environment (LRE)
Child Find, Referral, Assessment, and Eligibility
Child Find and Referral for Initial Assessment
Initial Assessment
Eligibility
Independent Educational Evaluation (IEE) and Reevaluation
The IEP Process
IEP Team Meetings
IEP Contents
Special Education and Related Services
Extended School Year (ESY
Behavior-Related Assessments and Plans
Mental Health Services
Placement
Transition Plans, the Age of Majority, Exiting Special
Education, and Revocation of Consent
Transition Planning and Age of Majority
Exiting Special Education
Private School Students and IDEA
Due Process Hearings
Stay-Put During Hearing
Due Process Rights
Due Process Remedies
Compensatory Education
Reimbursement for Educational Expenses
Attorneys' Fees
Section 504 and the Americans with Disabilities
Act (ADA)
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act (ADA)
Summary
9. Student Discipline
The Importance of Student Discipline Rules
California's Legal Framework for Student Discipline
Who Can Discipline
Due Process of Law
Types of Discipline
Discipline Short of Suspension
Suspension
Expulsion
Mandatory Recommendation for Expulsion
Mandatory Recommendation for Expulsion Unless Inappropriate
Discretionary Expulsion
Discipline for an Act Not on School Grounds
Involuntary Transfer
Dismissal from a Charter School
The Expulsion Process
Recommendation for Expulsion
The Expulsion Hearing
Final Determination by the Governing Board
Postexpulsion Educational Programming
Readmission Following Expulsion
Appeal of an Expulsion Order
Discipline and Special Education
Different Types of Disciplinary Removals
Short-Term Removals
Long-Term Removals
Interim Alternative Educational Settings and a
Honig Injunction
Students Not Yet Identified as Special Education Students
Summary
10. Public Access, Privacy, and Student Search and Seizure
Public Access
Open Meetings Under the Brown Act
Key Provisions
Defining Open Meetings
Exceptions to Open Meetings
Enforcement
The Public Records Act
Personal Privacy
Employee Lifestyle
Student Lifestyle
Student Records and Surveys
Student Records
Student Surveys
Student Search and Seizure
Student Searches
Standards
Individual Searches
Group Searches
Student Seizures
Summary
11. Race and Gender Discrimination
Racial Discrimination
Racial Discrimination Under Federal Law
Racial Discrimination Under California Law
Historical Perspective
Remedying Racial Isolation Regardless of Cause
Limits on Busing
Limits on Affirmative Action and Racial Balancing
Finding Other Means of Fostering Diversity
Gender Discrimination
Constitutional Dimensions
Title IX and Its Regulations
California's Sex Equity in Education Act
Racial and Gender Harassment
Racial Harassment Under Title VI
Sexual Harassment and Abuse Under Title IX
Sexual Harassment and Abuse Under the California Education Code
California Unruh Civil Rights Act
Summary
12. Legal Liability
Liability Under California Law
California Tort Claims Act
Injury to Students on Campus
Liability when School Employees Act Outside the Scope of Their Employment
Injury to Student Athletes and Cheerleaders
Is There Liability When Students Don't Learn?
Injury to Students off Campus
Injury to Nonstudents
Dangerous Condition of School Property
Waivers of Liability
Counselors and the Duty to Warn
A Word about Insurance
Fair Employment and Housing Act
Liability Under Federal Law
Liability of Schools Under 42 U.S.C. Section 1983
Liability of School Employees Under 42 U.S.C.
Section 1983
Summary
Appendix A: Glossary of Legal Terminology
Appendix B: Finding and Reading Statutes and Judicial Decisions
Appendix C: References
List of Cases
Index
Abbreviations
Preface
1. Law and the California Schooling System
What Constitutes School Law?
Constitutional Law
Statutory Law
Administrative Law
Contract Law
Judicial Law
The California Schooling Structure
Parent Rights and Responsibilities
Choosing a Private School
Homeschooling
Rights Within Public Schools
Expanding Parent Choice
California Charter Schools
Starting a Charter School
Operating a Charter School
Constitutionality of Charter Schools
California Private Schools
Voucher Programs
Summary
2. Attendance, Safety, Instruction, and Assessment
Attendance
The Compulsory Attendance Law
Attendance Records
Exemptions from Attendance
Absences and Truancy
Safety
Maintaining a Safe and Healthy Learning Environment
Curriculum and Instruction
Curriculum Content Standards
Curriculum Censorship
Classroom Instruction
Class Size Reduction
Educating Targeted Groups
Teacher Preparation and Evaluation
Copyright Law
The Internet
Controlling Access to Inappropriate Material
Privacy and the Internet
Distance Learning and New Internet Privacy
Rights Laws
Artificial Intelligence
Assessment and Accountability
The Influence of the No Child Left Behind Act
Summary
3. Equity, Adequacy, and School Finance
Does Money Matter?
The Quest for Equity
Foundation Funding
Litigation
State Court: Serrano v. Priest I (1971)
Federal Court: San Antonio Independent School
District v. Rodriguez (1973)
State Court: Serrano v. Priest II (1976)
Proposition
Changes to the California School Finance System
Revenue Limit Funding
Categorical Aid
Local Control Funding Formula
Local Control and Accountability Plans
Federal Funds
Student Fees
Other Sources of School Revenue
Facilities Funding
Funding Charter Schools
The Block Grant System, LCFF, and LCAP
The Special Case of Nonclassroom-Based Charters
Facilities
The Movement Toward Adequacy
Summary
4. Unions and Collective Bargaining
The Three Stages of Collective Bargaining
Unionization Stage
Contract Negotiation Stage
Contract Administration Stage
Collective Bargaining Under the Educational
Employment Relations Act
The Role of the Public Employment Relations
Board
Covered Employees and Schools
Deciding on the Appropriate Bargaining Unit and Choosing a Representative
Scope of Bargaining
Contract Negotiation
Contract Administration
The Grievance and Arbitration System
The Role of the Arbitrator
Unfair Labor Disputes
Organizational Security Arrangements
Future Challenges
Summary
5. Employment
Classifications and Categories of Public School Employees
Property Rights in Employment
Certificated Employees
Credentials
Classifications
Substitute
Temporary
Probationary
Permanent
Evaluation and Reassignment
Discipline of Probationary and Permanent
Employees
Non-Reelection and Dismissal of Probationary
Teachers
Dismissal of Permanent Teachers
Immoral or Unprofessional Conduct
Unsatisfactory Performance
Evident Unfitness for Service
Persistent Violation of or Refusal to Obey
School Laws
The Dismissal Hearing Process
Layoff
Classified Employees
Categories
Evaluation and Discipline
Dismissal and Layoff
Merit System School Districts
Administrators
The Personnel File
Public School Employee Leave Rights
Federal and State Antidiscrimination Laws
Title VII
Americans with Disabilities Act and Section
Fair Employment and Housing Act
Summary
6. Rights of Expression
Educator Expression Rights
Speaking Out on Matters of Public Concern
Mt. Healthy Test
Complaints About Working Conditions
Expression Through School Channels
Use of Electronic Communication Devices
Educator Association Rights
Whistleblowing
Student Expression Rights
Face-to-Face Communicatio
Expression Targeting Protected Identities
Expression Through Electronic Communication
Devices
School Regulation of Off-Campus Speech
Expression Through School Channels
Student Dress, Grooming, and Uniforms
Right of Association
Expression Rights in the Classroom
Teacher Academic Freedom
Student Classroom Expression
Summary
7. The School and Religion
Federal and California Constitutional Law
No Government Establishment of Religion
Protection for Free Exercise of Religio
Manifestations of Religion on Campus
The Pledge of Allegiance
School Prayer
School-Sponsored or Endorsed Public Prayer
Private Prayer and Religious Exercise
Religion in the Classroom
Teaching about Religion
Student Religious Papers and Presentations
Holiday Observances and Religious Music
Graduation Prayer and Religious Speeches
Access of Religious Groups to Campus
Student Religious Groups and the Equal Access Act
Community Use Policies
Religiously Based Exemptions
Transgender Students, Public Schools, and Religion
Aid to Religious Private Schools
Direct Aid Programs
Indirect Aid Programs Through Vouchers and Tax Credits
Summary
8. Students with Disabilities
Special Education Law
A Brief History
Sources of Special Education Law
The Language of Special Education
Free Appropriate Public Education (FAPE)
Procedural Component
Substantive Component
FAPE and the Least Restrictive Environment (LRE)
Child Find, Referral, Assessment, and Eligibility
Child Find and Referral for Initial Assessment
Initial Assessment
Eligibility
Independent Educational Evaluation (IEE) and Reevaluation
The IEP Process
IEP Team Meetings
IEP Contents
Special Education and Related Services
Extended School Year (ESY
Behavior-Related Assessments and Plans
Mental Health Services
Placement
Transition Plans, the Age of Majority, Exiting Special
Education, and Revocation of Consent
Transition Planning and Age of Majority
Exiting Special Education
Private School Students and IDEA
Due Process Hearings
Stay-Put During Hearing
Due Process Rights
Due Process Remedies
Compensatory Education
Reimbursement for Educational Expenses
Attorneys' Fees
Section 504 and the Americans with Disabilities
Act (ADA)
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act (ADA)
Summary
9. Student Discipline
The Importance of Student Discipline Rules
California's Legal Framework for Student Discipline
Who Can Discipline
Due Process of Law
Types of Discipline
Discipline Short of Suspension
Suspension
Expulsion
Mandatory Recommendation for Expulsion
Mandatory Recommendation for Expulsion Unless Inappropriate
Discretionary Expulsion
Discipline for an Act Not on School Grounds
Involuntary Transfer
Dismissal from a Charter School
The Expulsion Process
Recommendation for Expulsion
The Expulsion Hearing
Final Determination by the Governing Board
Postexpulsion Educational Programming
Readmission Following Expulsion
Appeal of an Expulsion Order
Discipline and Special Education
Different Types of Disciplinary Removals
Short-Term Removals
Long-Term Removals
Interim Alternative Educational Settings and a
Honig Injunction
Students Not Yet Identified as Special Education Students
Summary
10. Public Access, Privacy, and Student Search and Seizure
Public Access
Open Meetings Under the Brown Act
Key Provisions
Defining Open Meetings
Exceptions to Open Meetings
Enforcement
The Public Records Act
Personal Privacy
Employee Lifestyle
Student Lifestyle
Student Records and Surveys
Student Records
Student Surveys
Student Search and Seizure
Student Searches
Standards
Individual Searches
Group Searches
Student Seizures
Summary
11. Race and Gender Discrimination
Racial Discrimination
Racial Discrimination Under Federal Law
Racial Discrimination Under California Law
Historical Perspective
Remedying Racial Isolation Regardless of Cause
Limits on Busing
Limits on Affirmative Action and Racial Balancing
Finding Other Means of Fostering Diversity
Gender Discrimination
Constitutional Dimensions
Title IX and Its Regulations
California's Sex Equity in Education Act
Racial and Gender Harassment
Racial Harassment Under Title VI
Sexual Harassment and Abuse Under Title IX
Sexual Harassment and Abuse Under the California Education Code
California Unruh Civil Rights Act
Summary
12. Legal Liability
Liability Under California Law
California Tort Claims Act
Injury to Students on Campus
Liability when School Employees Act Outside the Scope of Their Employment
Injury to Student Athletes and Cheerleaders
Is There Liability When Students Don't Learn?
Injury to Students off Campus
Injury to Nonstudents
Dangerous Condition of School Property
Waivers of Liability
Counselors and the Duty to Warn
A Word about Insurance
Fair Employment and Housing Act
Liability Under Federal Law
Liability of Schools Under 42 U.S.C. Section 1983
Liability of School Employees Under 42 U.S.C.
Section 1983
Summary
Appendix A: Glossary of Legal Terminology
Appendix B: Finding and Reading Statutes and Judicial Decisions
Appendix C: References
List of Cases
Index