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Teachers and the Law,9780132564236
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Teachers and the Law

by ; ;
Edition:
8th
ISBN13:

9780132564236

ISBN10:
0132564238
Format:
Paperback
Pub. Date:
9/10/2010
Publisher(s):
Pearson
List Price: $150.20

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This is the 8th edition with a publication date of 9/10/2010.
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Customer Reviews

excellent and helpful   March 13, 2011
by


This text book increased my understanding of school law. The authors have done an incredible job of putting very pressing and often complex areas into an accessible and engaging book. It really 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. This text book is worth getting.






Teachers and the Law: 4 out of 5 stars based on 1 user reviews.

Summary

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 ofTeachers and the Lawoffers 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 Lawis 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 teachersrs" controversial postings on the internet, the Teacher Liability Protection Act, peer sexual harassment, disciplining students for cyber-bullying, recent restrictions on teachersrs" academic freedom and personal life, protections for gay and lesbian students, and for studentsrs" 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.

Author Biography

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. 

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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