Teachers and the Law / Edition 8

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Overview

A comprehensive and user-friendly guide to school law with a wholly unique question-and-answer format.

Written in a user-friendly question-and-answer format that engages and encourages readers, the new eighth edition of Teachers and the Law offers future educators a thorough and wide-ranging understanding of United States public school law. Eliminating technical and intimidating legal speak in favor of clear and simple explanations, this comprehensive school law text provides school professions with the knowledge and tools they need to both understand legal issues as they arise and to practice preventive law regardless of their legal background. Blending the use of straightforward and easy-to-understand prose with real-life examples and case studies, Teachers and the Law is a vital reference for those who are likely to face pressing school law questions in their coming careers as educators.

The newest edition of this text highlights current trends and decisions in the most recent areas of school law. New topics include teachers’ controversial postings on the internet, the Teacher Liability Protection Act, peer sexual harassment, disciplining students for cyber-bullying, recent restrictions on teachers’ academic freedom and personal life, protections for gay and lesbian students, and for students’ freedom of religious and political expression. The eighth edition also explains changes in affirmative action decisions, special education, and the likely changes in the No Child Left Behind law. In addition, the most current edition divides the topic of freedom of expression into two chapters to give readers an expanded understanding of this increasingly controversial topic for both teachers and students.

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Product Details

  • ISBN-13: 9780132564236
  • Publisher: Pearson
  • Publication date: 9/24/2010
  • Edition description: Older Edition
  • Edition number: 8
  • Pages: 480
  • Product dimensions: 7.40 (w) x 9.10 (h) x 1.00 (d)

Meet the Author

Louis Fischer (J.D. and Ph.D., Stanford University) is Professor Emeritus and former dean

of the School of Education at the University of Massachusetts Amherst.

David Schimmel (J.D., Yale University) David Schimmel is Professor Emeritus at the University of Massachustts, Amherst and Visiting Professor at Harvard University's Graduate School of Education. He is author of over 60 articles and co-author of six books about law and education including School Law: What Every Educator Should Know (2008) and is recipient of the Education Press Association of America's Distinguished Achievement Award for Excellence in Educational Journalism. After graduating from Yale Law School, he briefly practiced law, was an Army Infantry Officer, and served on the Peace Corps staff for six years before starting his teaching career at UMass. His current research and writing focuses on promoting legal literacy for teachers.

Leslie R. Stellman (J.D., Syracuse University) Leslie Robert Stellman is the team leader of the education law department of Maryland’s largest school law firm, Hodes, Pessin & Katz, P.A., located in Towson, Maryland. Mr. Stellman has been practicing education law for over 35 years and represents many of Maryland’s public school boards as well as colleges and universities. He received his Bachelor’s degree from the Johns Hopkins University and his Juris Doctor from the Syracuse University College of Law, magna cum laude. Mr. Stellman is widely known as an author, lecturer, professor, and practitioner in all aspects of school law, and is a member of the Education Law Association and the National Association of Boards of Education’s Council of School Attorneys. He is also on the faculties of the Johns Hopkins University School of Education and the University of Baltimore College of Law.

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Table of Contents

Preface

About the Authors

1 Teachers and the Legal System 1

Overview 1

Jackson v. Birmingham Board of Education 1

Notes 11

PART ONE The Legal Aspects of Teaching 13

2 Do I Have a Contract? 15

Overview 15

Creating a Contract 16

Express and Implied Contracts 17

Breach of Contract 19

Summary 23

Notes 24

3 How Secure Is My Employment? 26

Overview 26

Acquiring Tenure 27

Rights of Tenure 31

Dismissal Procedures 32

Grounds for Dismissal 36

Summary 41

Notes 42

4 How Does Collective Bargaining Affect Me? 45

Overview 45

The Right to Organize 46

Teachers' Rights 47

Contract Negotiations 53

Strikes 55

Summary 57

Notes 57

5 When Am I Liable? 59

Overview 59

Student Injuries 59

Defenses against Liability 64

Other Types of Liability 68

Damages 76

Summary 78

Notes 79

6 What Constitutes Slander and Libel? 82

Overview 82

Defamatory Statements about Teachers 82

Defamatory Statements about Students 88

Public Officials 90

Summary 92

Notes 93

7 How Should I Deal with Child Abuse and Neglect? 95

Overview 95

Child Abuse and Neglect 95

State Reporting Requirements 97

Symptoms of Abuse and Neglect 98

Reporting Child Abuse and Neglect 100

Summary 103

Notes 104

8 How Does Copyright Law Affect Me? 105

Overview 105

Introduction to Copyright Law 105

Materials Covered by Copyright 106

Fair Use 111

Copyright Violation 117

Summary 118

Notes 118

PART TWO Teachers' and Students' Rights 121

9 When Can Schools Restrict Teachers' Freedom of Expression? 123

Overview 123

Teachers and Free Speech 123

Controversial Issues and Academic Freedom 135

Teaching Methods 142

Summary 145

Notes 146

10 When Can Schools Restrict Students' Freedom of Expression? 149

Overview 149

The Wooster Case 150

The Tinker Case 150

Hate Speech Codes 157

The Hazelwood Case 162

Underground Publications 165

Summary 170

Notes 171

11 When Can Schools Limit Religious Freedom? 174

Overview 174

Teachers' Freedom of Conscience 174

Religious Holidays 176

Students' Freedom of Conscience 179

Summary 204

Notes 206

12 When Can Schools Limit Freedom of Association? 209

Overview 209

Student Organizations 210

Demonstrations, Protests, and Speakers 217

Teachers and Partisan Politics 219

Political and Social Affiliations 222

Oaths of Loyalty 229

Summary 231

Notes 232

13 What Are My Rights under Due Process? 234

Overview 234

Due Process for Teachers 234

Due Process for Students 245

Corporal Punishment 251

School Searches 258

Summary 272

Notes 274

14 How Free Is My Personal Life? 278

Overview 278

"Immoral" and "Unprofessional" Conduct 279

Criminal Conduct 292

Lifestyle 300

Age, Citizenship, and Disability 301

Summary 307

Notes 308

15 Are Teachers and Students Protected against Racial Discrimination? 312

Overview 312

School Desegregation 312

Racial Discrimination against Teachers and Staff 321

Summary 326

Notes 328

16 Are Teachers and Students Protected against Sex Discrimination? 330

Overview 330

Sex Discrimination against Teachers 330

Marriage and Pregnancy 334

Sex Discrimination against Students 338

Summary 346

Notes 347

17 Are There Special Rights for Students with Disabilities and Non-English-Speaking Students? 350

Overview 350

Educating Students with Disabilities 351

Bilingual and Multicultural Education 367

Summary 370

Notes 371

18 Who Controls Student Records? 375

Overview 375

The Family Educational Rights and Privacy Act 375

What Are the Main Features of the Act? 376

Right of Access 377

Other Rights 384

Legal Enforcement 386

Summary 388

Notes 388

19 Do Parents Have Choices in Educating Their Children? 390

Overview 390

Compulsory Schooling and Parents' Rights 391

Home Schooling 393

Objections to the Curriculum 399

Summary 402

Notes 403

20 When Can Schools Restrict Personal Appearance? 405

Overview 405

Grooming Standards for Teachers 406

Teachers' Clothing 407

Students' Grooming 408

School Dress Codes 414

School Uniforms, Gang Clothing, and Message T-Shirts 417

Summary 425

Notes 426

21 The No Child Left Behind Act of 2001, Control of the Internet, and Other Current Controversies 429

Overview 429

The No Child Left Behind Act of 2001 429

School Choice: Vouchers and Charter Schools 432

High-Stakes Testing 433

Teacher Testing and Evaluation 434

Control of the Internet and Emerging Technologies 435

Frivolous Lawsuits 439

AIDS Awareness and Condom Distribution 441

Public Education Funding 443

Summary 444

Notes 444

Appendix A Selected Provisions of the U.S. Constitution 447

Appendix B Major Federal Laws Affecting Schools 449

Appendix C Other Legal Resources for Teachers 451

Selected Bibliography 453

Glossary 454

Index 458

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