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Legal Rights of Teachers and Students provides an applied treatment of the current status of the law governing public schools in the key areas that concern teachers AND students.
Written for the growing undergraduate and returning professional audience of teachers, this text addresses legal principles applicable to pre-service and in-service practitioners in a succinct, comprehensive manner. This book presents the central issues that concern school personnel in their daily activities: church/state relations, instructional issues, student expression, students with disabilities, student discipline, teacher employment, teachers substantive rights, termination of employment and tort liability. Information in this text will guide practitioners and help alleviate concerns voiced by new educators who are not familiar with the legal concepts that govern schools.
Public School Law: Teacher's and Student's Rights, 5/e
Nelda H. Cambron-McCabe
Martha M. McCarthy
Steven B. Thomas
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Each chapter concludes with “Conclusion” and “Points to Ponder.”
1. Legal Framework of Public Education.
State Control of Education.
Federal Role in Education.
Function and Structure of the Judicial System.
2. Church/State Relations.
Religious Influences in Public Schools.
Accommodations for Religious Beliefs.
Religious Challenges to the Secular Curriculum.
State and Private Schools.
3. Instructional Issues.
The School Curriculum.
Student Proficiency Testing.
Educational Malpractice/Instructional Negligence.
Instructional Privacy Rights.
4. Student Expression, Association, and Appearance.
Freedom of Speech and Press.
5. Student Classifications.
Native Language-Based Classifications.
Ability or Achievement-Based Classifications.
6. Rights of Students with Disabilities.
Free Appropriate Public Education.
Individualized Education Programs.
Extended School Year.
Participation in Sports.
7. Student Discipline.
Expulsions and Suspensions.
Search and Seizure.
8. Terms and Conditions of Employment.
Licensure or Certification.
Employment by Local School Boards.
Other Employment Issues.
9. Substantive Constitutional Rights.
Freedom of Expression.
Freedom of Association.
10. Discrimination in Employment.
Race and National Origin Discrimination.
Sexual Preference Discrimination.
11. Termination of Employment.
Procedural Due Process in General.
Procedural Requirements in Discharge Proceedings.
Dismissal for Cause.
Remedies for Violations of Protected Rights.
12. Tort Liability.
13. Summary of Legal Generalizations.
Selected Supreme Court Decisions.