The 200 Most Frequently Asked Legal Questions for Educators

by Nathan L. Essex

• ISBN13: 9781412965774
• ISBN10: 1412965772
• Format: Paperback
• Copyright: 2009-06-24
• Publisher: Corwin Pr

Summary

'This is one of the best books involving legal issues that I have seen. It is practical, well organized, and thorough. Specific court cases and findings clearly illuminate the intent of the law, giving the administrator guidance in making sound legal decisions. This book would be an excellent reference for any administrator's collection' - Sharon M. Redfern, Principal Highland Park Elementary School, Lewistown, MTOn a daily basis, today's educators must make legally sound decisions concerning the instruction, supervision, and safety of students while operating within the boundaries of the U.S. Constitution, federal and state laws, and school district policy. This compact, jargon-free, easy-to-understand reference focuses on two hundred common legal issues to provide school administrators and teachers with authoritative, legally defensible approaches for addressing school challenges.Through the accessible Q&A format, teachers and school leaders can read sequentially or browse for immediate answers on topics such as religious issues, individuals' rights, disciplinary practices, morality, teacher dismissal, liabilities, NCLB, and more. Practical and concise, this guide provides:- A list of relevant court cases pertaining to each question and answer- Legal references to guide teachers' and school leaders' actions- A glossary of legal terms and a list of selected federal statutes- Summaries and conclusions at the end of each chapterThe 200 Most Frequently Asked Legal Questions for Educators contains invaluable information to assist educators in performing their duties effectively and in accordance with the law.

Table of Contents

Preface

Acknowledgments

About the Author

Educators and the Legal System

How Are Teachers Impacted by the U.S. Constitution, State Constitutions and Federal and State Laws?

Why Is the United States Constitution so Important?

What Should Teachers Know About Their State Constitution?

How Do State Agencies Impact Teachers?

What Are the Responsibilities of the State Board of Education?

What Are the Responsibilities of the State Department of Education?

How Do Local Boards of Education Exert Control Over Public Schools?

What Is the Role of the Local School Superintendent?

What Is the Most Significant Role of the Federal Government in Reforming Public Schools?

What Primary Sources of Legal Protections Are Available to Teachers Against Unfair Treatment in Their Schools?

How Does the Court System Affect Teachers in Public Schools?

Student Rights and Restrictions

Are Students Entitled to Constitutional Protection in Public Schools?

How Do the Courts View the Interests of Students Versus the Interests of the State in Matters Involving Student Rights?

Can Teachers Develop Rules for Student Conduct in Their Classrooms?

Do Public School Students Possess Freedom of Speech and Expression Rights?

Can Educators Restrict Student Dress and Appearance?

How Do Health and Safety Issues Affect Student Dress?

May Students Be Required to Wear School Uniforms?

May School Officials Regulate School Sponsored and Non-School Sponsored Student Newspapers?

Can School Officials Exercise Control Over the Publication of Non-School Sponsored Newspapers?

Can a Faculty Advisor to a Student Newspaper Monitor Content Written for Inclusion in the Student Newspaper?

Can Faculty Advisors Be Libel for Allowing Inappropriate Content in the Student Newspaper?

Are Controversial Slogans and Offensive Language Permitted in Public Schools Under Student Freedom of Expression Rights?

Can Students Gain First Amendment Protection When They Use Offensive Language in School?

May Teachers and Administrators Conduct Student Searches in Public Schools?

What Legal Standards Must Be Met in Searches Involving Educators and Those Involving Law Enforcement Officials?

May Teachers Legally Conduct Personal Searches of Students?

Are Canine Searches in Public Schools Permissible?

May School Officials Initiate Random Drug Testing of Students in Public Schools?

Can Schools Control Internet Access by Students in Public Schools?

Can Schools Disallow the Use of Cell Phones and Other Electronic Devices (PDA's) by Students?

Student Discipline

What Should Teachers Know About Due Process in Their Dealings With Students?

What Does Procedural Due Process Entail?

What Is the Importance of Substantive Due Process in Dealing With Students?

Is In Loco Parentis a Viable Concept for Teachers in Their Dealings With Students?

What Legal Standards Are Required for Student's Facing Suspension?

What Legal Standards Are Required for Students Facing Expulsion?

Can Students Be Disciplined for Misconduct That Occurred off Campus Beyond the School Day?

Do the Courts View Corporal Punishment as an Acceptable Form of Discipline in Public Schools?

Do Teachers Have a Responsibility to Their Students in Situations Involving Bullying?

Are Zero Tolerance Policies Supported by the Courts?

How Did Zero Tolerance Emerge in Public Schools?

Are Unorthodox Disciplinary Practices by Teachers Supported by the Courts?

Liability and Student Records

What Is the Buckley Amendment or Family Educational Rights and Privacy Act (FERPA) and How Does it Apply to Teachers?

Are The

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