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Teachers and the Law,9780801319587
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Teachers and the Law

by ; ;
Edition:
5th
ISBN13:

9780801319587

ISBN10:
0801319587
Format:
Paperback
Pub. Date:
7/1/1998
Publisher(s):
Prentice Hall

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Summary

This text provides a question and answer format which addresses every aspect of school law from a teacher's and school administrator'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 21'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 today's trends in the law governing education.

Table of Contents

Preface vii
CHAPTER 1 Teachers and the Legal System
1(14)
Overview
1(1)
Cameron v. Board of Education
1(13)
Notes
14(1)
PART I The Legal Aspects of Teaching 15(130)
CHAPTER 2 Do I Have a Contract?
17(14)
Overview
17(1)
Creating a Contract
18(2)
Express and Implied Contracts
20(2)
Breach of Contract
22(6)
Summary
28(1)
Notes
28(3)
CHAPTER 3 How Secure Is My Employment?
31(26)
Overview
31(1)
Acquiring Tenure
32(4)
Rights of Tenure
36(1)
Dismissal Procedures
37(6)
Grounds for Dismissal
43(8)
Summary
51(1)
Notes
52(5)
CHAPTER 4 How Does Collective Bargaining Affect Me?
57(16)
Overview
57(1)
The Right to Organize
57(2)
Teachers' Rights
59(7)
Contract Negotiations
66(3)
Strikes
69(1)
Summary
70(1)
Notes
71(2)
CHAPTER 5 When Am I Liable?
73(26)
Overview
73(1)
Student Injuries
73(6)
Defenses Against Liability
79(4)
Other Types of Liability
83(5)
Damages
88(6)
Summary
94(1)
Notes
95(4)
CHAPTER 6 How Should I Deal with Child Abuse and Neglect?
99(12)
Overview
99(1)
Child Abuse and Neglect
100(1)
State Reporting Requirements
101(1)
Symptoms of Abuse and Neglect
102(3)
Reporting Child Abuse and Neglect
105(4)
Summary
109(1)
Notes
109(2)
CHAPTER 7 What Constitutes Slander and Libel?
111(17)
Overview
111(1)
Defamatory Statements about Teachers
111(7)
Defamatory Statements about Students
118(3)
Public Officials
121(4)
Summary
125(1)
Notes
126(2)
CHAPTER 8 How Does Copyright Law Affect Me?
128(17)
Overview
128(1)
Introduction to Copyright Law
128(1)
Materials Covered by Copyright
129(6)
Fair Use
135(7)
Copyright Violation
142(1)
Summary
143(1)
Notes
143(2)
PART II Teachers' and Students' Rights 145(342)
CHAPTER 9 When Can Schools Restrict Freedom of Expression?
147(52)
Overview
147(1)
Criticizing School Policy or Personnel
148(11)
Controversial Issues and Academic Freedom
159(8)
Teaching Methods
167(5)
Students and Free Speech
172(9)
Student Publications
181(10)
Summary
191(2)
Notes
193(6)
CHAPTER 10 When Can Schools Limit Religious Freedom?
199(33)
Overview
199(1)
Teachers' Freedom of Conscience
199(2)
Religious Holidays
201(3)
Students' Freedom of Conscience
204(23)
Summary
227(2)
Notes
229(3)
CHAPTER 11 When Can Schools Limit Freedom of Association?
232(23)
Overview
232(1)
Oaths of Loyalty
233(2)
Political and Social Affiliations
235(7)
Teachers and Partisan Politics
242(4)
Student Organizations
246(3)
Demonstrations and Protests
249(2)
Summary
251(1)
Notes
252(3)
CHAPTER 12 What Are My Rights Under Due Process?
255(41)
Overview
255(1)
Due Process for Teachers
255(10)
Due Process for Students
265(7)
Corporal Punishment
272(6)
School Searches
278(12)
Summary
290(2)
Notes
292(4)
CHAPTER 13 How Free Is My Personal Life?
296(37)
Overview
296(1)
"Immoral" Conduct
297(15)
Criminal Conduct
312(7)
Lifestyle
319(2)
Age, Citizenship, and Physical Fitness
321(6)
Summary
327(1)
Notes
328(5)
CHAPTER 14 Are Teachers and Students Protected Against Racial Discrimination?
333(29)
Overview
333(1)
School Desegregation
333(12)
Racial Discrimination Against Teachers and Staff
345(12)
Summary
357(2)
Notes
359(3)
CHAPTER 15 Are Teachers and Students Protected Against Sex Discrimination?
362(28)
Overview
362(1)
Sex Discrimination Against Teachers
362(13)
Sex Discrimination Against Students
375(11)
Summary
386(1)
Notes
387(3)
CHAPTER 16 Are There Special Rights for Students with Disabilities and Non-English-Speaking Students?
390(28)
Overview
390(1)
Educating Students with Disabilities
391(19)
Bilingual and Multicultural Education
410(4)
Summary
414(1)
Notes
415(3)
CHAPTER 17 Who Controls Student Records?
418(14)
Overview
418(1)
The Buckley Amendment
418(2)
Right of Access
420(6)
Other Rights
426(1)
Legal Enforcement
427(3)
Summary
430(1)
Notes
430(2)
CHAPTER 18 Must All Children Go to School?
432(17)
Overview
432(1)
Compulsory Schooling and Parents' Rights
433(1)
Home Schooling
434(9)
Objections to the Curriculum
443(3)
Summary
446(1)
Notes
447(2)
CHAPTER 19 When Can Schools Restrict Personal Appearance?
449(21)
Overview
449(1)
Grooming Standards for Teachers
450(2)
Teachers' Clothing
452(1)
Students' Grooming
453(7)
School Dress Codes
460(2)
New Controversies
462(4)
Summary
466(1)
Notes
467(3)
CHAPTER 20 What Issues Will Face the Courts in the Next Decade?
470(17)
Overview
470(1)
AIDS Awareness and Condom Distribution
470(3)
Control of the Internet
473(1)
School Choice
474(1)
Money-saving Measures
475(2)
Student and Teacher Sexual Harassment
477(1)
Compulsory Community Service
477(1)
Frivolous Lawsuits
478(2)
Affirmative Action
480(1)
Offensive T-shirts, Gang Clothing, and Uniforms
480(1)
Prohibiting Hate Speech
481(1)
Protection of Homosexual Teachers and Students
482(1)
Public Education Funding
483(1)
Conclusions
484(1)
Notes
484(3)
Appendix A: Selected Provisions of the U.S. Constitution 487(1)
Appendix B: Major Civil Rights Laws Affecting Schools 488(1)
Appendix C: Other Legal Resources for Teachers 489(1)
Selected Bibliography 490(1)
Glossary 491(4)
Case Index 495(13)
Subject Index 508


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