Teachers and the Law

by Schimmel, David; Stellman, Leslie R.; Fischer, Louis

• ISBN13: 9780205494958
• ISBN10: 0205494951
• Edition: 7th
• Format: Paperback
• Copyright: 2011-01-01
• Publisher: Prentice Hall

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