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Teachers and the Law,9780205494958
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Teachers and the Law

by ; ;
Edition:
8th
ISBN13:

9780205494958

ISBN10:
0205494951
Format:
Paperback
Pub. Date:
1/1/2011
Publisher(s):
Prentice Hall
List Price: $123.00
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Summary

This text provides a question and answer format which addresses every aspect of school law from a teacherrs"s and school administratorrs"s perspective. Clearly written and useful to both teachers and school administrators, this text focuses on legal issues reflecting current trends that are important to educators in the 21rs"st century. The authors designed the text for school professionals seeking an easy to use reference on every important area of school law, including student and employee rights, the impact of the No Child Left Behind Act on those rights, and how to understand their legal rights and responsibilities. This up-to-date presentation provides insights into laws governing education as well as court decisions from all 50 states and the federal courts. Guiding legal principles are presented in such a way that educators can easily understand and follow todayrs"s trends in the law governing education.

Table of Contents

Preface xi
Teachers and the Legal System
1(12)
Overview
1(1)
Settlegoode v. Portland Public Schools
1(11)
Notes
12(1)
PART ONE The Legal Aspects of Teaching
13(108)
Do I Have a Contract?
15(10)
Overview
15(1)
Creating a Contract
16(1)
Express and Implied Contracts
17(1)
Breach of Contract
18(5)
Summary
23(1)
Notes
23(2)
How Secure Is My Employment?
25(19)
Overview
25(1)
Acquiring Tenure
26(4)
Rights of Tenure
30(1)
Dismissal Procedures
31(4)
Grounds for Dismissal
35(5)
Summary
40(1)
Notes
41(3)
How Does Collective Bargaining Affect Me?
44(14)
Overview
44(1)
The Right to Organize
44(2)
Teachers' Rights
46(6)
Contract Negotiations
52(2)
Strikes
54(1)
Summary
55(1)
Notes
56(2)
When Am I Liable?
58(23)
Overview
58(1)
Student Injuries
58(5)
Defenses against Liability
63(4)
Other Types of Liability
67(8)
Damages
75(2)
Summary
77(1)
Notes
78(3)
What Constitutes Slander and Libel?
81(13)
Overview
81(1)
Defamatory Statements about Teachers
81(6)
Defamatory Statements about Students
87(1)
Public Officials
88(3)
Summary
91(1)
Notes
92(2)
How Should I Deal with Child Abuse and Neglect?
94(11)
Overview
94(1)
Child Abuse and Neglect
94(2)
State Reporting Requirements
96(1)
Symptoms of Abuse and Neglect
97(2)
Reporting Child Abuse and Neglect
99(4)
Summary
103(1)
Notes
103(2)
How Does Copyright Law Affect Me?
105(16)
Overview
105(1)
Introduction to Copyright Law
105(1)
Materials Covered by Copyright
106(5)
Fair Use
111(6)
Copyright Violation
117(1)
Summary
118(1)
Notes
119(2)
PART TWO Teachers' and Students' Rights
121(335)
When Can Schools Restrict Freedom of Expression?
123(48)
Overview
123(1)
Teachers and Free Speech
123(11)
Controversial Issues and Academic Freedom
134(6)
Teaching Methods
140(4)
Students and Free Speech
144(20)
Summary
164(2)
Notes
166(5)
When Can Schools Limit Religious Freedom?
171(35)
Overview
171(1)
Teachers' Freedom of Conscience
171(2)
Religious Holidays
173(3)
Students' Freedom of Conscience
176(25)
Summary
201(2)
Notes
203(3)
When Can Schools Limit Freedom of Association?
206(23)
Overview
206(1)
Student Organizations
206(6)
Demonstrations, Protests, and Speakers
212(2)
Teachers and Partisan Politics
214(3)
Political and Social Affiliations
217(7)
Oaths of Loyalty
224(1)
Summary
225(2)
Notes
227(2)
What Are My Rights under Due Process?
229(46)
Overview
229(1)
Due Process for Teachers
229(11)
Due Process for Students
240(6)
Corporal Punishment
246(7)
School Searches
253(16)
Summary
269(2)
Notes
271(4)
How Free Is My Personal Life?
275(31)
Overview
275(1)
``Immoral'' and ``Unprofessional'' Conduct
276(12)
Criminal Conduct
288(7)
Lifestyle
295(1)
Age, Citizenship, and Disability
296(5)
Summary
301(2)
Notes
303(3)
Are Teachers and Students Protected against Racial Discrimination?
306(28)
Overview
306(1)
School Desegregation
306(12)
Racial Discrimination against Teachers and Staff
318(11)
Summary
329(2)
Notes
331(3)
Are Teachers and Students Protected against Sex Discrimination?
334(23)
Overview
334(1)
Sex Discrimination against Teachers
334(8)
Sex Discrimination against Students
342(11)
Summary
353(1)
Notes
354(3)
Are There Special Rights for Students with Disabilities and Non-English-Speaking Students?
357(31)
Overview
357(1)
Educating Students with Disabilities
358(21)
Bilingual and Multicultural Education
379(4)
Summary
383(1)
Notes
384(4)
Who Controls Student Records?
388(14)
Overview
388(1)
The Buckley Amendment
388(2)
Right of Access
390(6)
Other Rights
396(2)
Legal Enforcement
398(1)
Summary
399(1)
Notes
400(2)
Do Parents Have Choices in Educating Their Children?
402(17)
Overview
402(1)
Compulsory Schooling and Parents' Rights
402(3)
Home Schooling
405(8)
Objections to the Curriculum
413(3)
Summary
416(1)
Notes
417(2)
When Can Schools Restrict Personal Appearance?
419(22)
Overview
419(1)
Grooming Standards for Teachers
419(2)
Teachers' Clothing
421(1)
Students' Grooming
422(7)
School Dress Codes
429(2)
School Uniforms, Gang Clothing, and Message T-Shirts
431(6)
Summary
437(1)
Notes
438(3)
The No Child Left Behind Act, High Stakes Testing, and Other Current Controversies
441(15)
Overview
441(1)
The No Child Left Behind Act
441(2)
School Choice: Vouchers and Charter Schools
443(1)
High-Stakes Testing
443(1)
Teacher Testing
444(1)
Control of the Internet
445(2)
Frivolous Lawsuits
447(2)
AIDS Awareness and Condom Distribution
449(2)
Protection of Homosexual Teachers and Students
451(1)
Compulsory Community Service
452(1)
Public Education Funding
453(1)
Summary
453(1)
Notes
454(2)
Appendix A: Selected Provisions of the U.S. Constitution 456(2)
Appendix B: Major Federal Laws Affecting Schools 458(2)
Appendix C: Other Legal Resources for Teachers 460(2)
Selected Bibliography 462(1)
Glossary 463(4)
Index 467


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