Teachers and the Law / Edition 8

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Overview

Teachers and the Law is written utilizing a unique question and answer format. With the use of engaging and accessible language, the text provides a comprehensive overview of the topics future educators need to know in order to be legally literate and to practice preventative law. Focusing on legal issues such as sexual harassment, freedom of speech, in-school prayer, rights of gay students, child abuse and neglect, affirmative action, home schooling, defamation, and due process, all topics that reflect current trends essential to the success of educators in the 21st century. In addition to these issues, the text analyzes the major laws affecting education today such as the No Child Left Behind Act (NCLB), Title IX, the Family Educational Rights and Privacy Act (FERPA), The Individuals with Disabilities Education Act (IDEA), and certain copyright laws that apply to classroom and to distance learning.

New to this edition:

  • Updated to reflect current trends and decisions that are important to educators including teachers’ controversial postings on the internet, the Teacher Liability Protection Act, peer sexual harassment, cyber bulling, and free speech.
  • Focuses on the recent decisions affecting affirmative action, special education and the No Child Left Behind Act.
  • Includes the latest cases from both state and federal courts that are relevant to administrators, teachers and students.
  • Expands to two chapters the topic of freedom of expression due to increased litigation. One chapter now focuses on teachers’ rights while the second new chapter pertains to students’ rights.
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Product Details

  • ISBN-13: 9780135094488
  • Publisher: Prentice Hall
  • Publication date: 9/15/2010
  • Edition description: New Edition
  • Edition number: 8
  • Pages: 496

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

1 Teachers and the Legal System

Overview

Jackson v. Birmingham Board of Education

Notes

PART ONE • The Legal Aspects of Teaching

2 Do I Have a Contract?

Overview

Creating a Contract

Express and Implied Contracts

Breach of Contract

Summary

Notes

3 How Secure Is My Employment?

Overview

Acquiring Tenure

Rights of Tenure

Dismissal Procedures

Grounds for Dismissal

Summary

Notes

4 How Does Collective Bargaining Affect Me?

Overview

The Right to Organize

Teachers’ Rights

Contract Negotiations

Strikes

Summary

Notes

5 When Am I Liable?

Overview

Student Injuries

Defenses against Liability

Other Types of Liability

Damages

Summary

Notes


6 What Constitutes Slander and Libel?

Overview

Defamatory Statements about Teachers

Defamatory Statements about Students

Public Officials

Summary

Notes

7 How Should I Deal with Child Abuse and Neglect?

Overview

Child Abuse and Neglect

State Reporting Requirements

Symptoms of Abuse and Neglect

Reporting Child Abuse and Neglect

Summary

Notes

8 How Does Copyright Law Affect Me?

Overview

Introduction to Copyright Law

Materials Covered by Copyright

Fair Use

Copyright Violation

Summary

Notes

PART TWO • Teachers’ and Students’ Rights

9 When Can Schools Restrict Teachers’ Freedom of Expression?

Overview

Teachers and Free Speech

Controversial Issues and Academic Freedom

Teaching Methods

Summary

Notes

10 When Can Schools Restrict Students’ Freedom of Expression?

Overview

Students’ Freedom of Speech

Hate Speech Codes

Controversial Student Views on Armbands and T-Shirts, in Classrooms and on the Internet, and in Course Assignments and Student Publications.

The Hazelwood Case

Underground Publications

Summary

Notes

11 When Can Schools Limit Religious Freedom?

Overview

Teachers’ Freedom of Conscience

Religious Holidays

Students’ Freedom of Conscience

Summary

Notes

12 When Can Schools Limit Freedom of Association?

Overview

Student Organizations

Demonstrations, Protests, and Speakers

Teachers and Partisan Politics

Political and Social Affiliations

Oaths of Loyalty

Summary

Notes

13 What Are My Rights under Due Process?

Overview

Due Process for Teachers

Due Process for Students

Corporal Punishment

School Searches

Summary

Notes

14 How Free Is My Personal Life?

Overview

“Immoral” and “Unprofessional” Conduct

Criminal Conduct

Lifestyle

Age, Citizenship, and Disability

Summary

Notes

15 Are Teachers and Students Protected

against Racial Discrimination?

Overview

School Desegregation

Racial Discrimination against Teachers and Staff

Summary

Notes

16 Are Teachers and Students Protected against Sex

Discrimination?

Overview

Sex Discrimination against Teachers

Sex Discrimination against Students

Summary

Notes

17 Are There Special Rights for Students with Disabilities

and Non-English-Speaking Students?

Overview

Educating Students with Disabilities

Bilingual and Multicultural Education

Summary

Notes

18 Who Controls Student Records?

Overview

The Buckley Amendment

Right of Access

Other Rights

Legal Enforcement

Summary

Notes

19 Do Parents Have Choices in Educating Their Children? 402

Overview

Compulsory Schooling and Parents’ Rights

Home Schooling

Objections to the Curriculum

Summary

Notes

20 When Can Schools Restrict Personal Appearance?

Overview

Grooming Standards for Teachers

Teachers’ Clothing

Students’ Grooming

School Dress Codes

School Uniforms, Gang Clothing, and Message T-Shirts

Summary

Notes

21 The No Child Left Behind Act, Control of the Internet,

and Other Current Controversies

Overview

The No Child Left Behind Act

School Choice: Vouchers and Charter Schools

High-Stakes Testing

Teacher Testing and Evaluation

Control of the Internet and Emerging Technologies

Frivolous Lawsuits

AIDS Awareness and Condom Distribution

Public Education Funding

Summary

Notes

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

Appendix B: Major Federal Laws Affecting Schools

Appendix C: Other Legal Resources for Teachers

Selected Bibliography

Glossary

Index

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