The Legal Rights and Responsibilities of Teachers; Issues of Employment and Instruction

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  • Format: Paperback
  • Copyright: 2011-04-04
  • Publisher: Corwin Pr

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Most teacher education programs offer little, if any, instruction on Education Law. Consequently, teachers (in general) are not well-versed in the intricacies of the law as it applies to their own employment and their responsibilities as instructors. In light of this dearth of information about law by most teachers, this book is designed as an easy-to-read, practical manual that addresses the key legal issues that teachers confront on a daily basis. While many books on the market are aimed at school administrators, few are designed primarily for teachers. Those that are, tend to be overly broad in scope. This book, then, intends to help fill that gap by providing a concise, practical guide that specifically targets the areas of the law that are of most concern to teachers.In the employment context, the book intends to present information about teacher certification, employment, tenure, evaluation, and dismissal along with issues related to collective bargaining and teacher contracts. The book will also review the constitutional rights of teachers, including freedom of speech and religion. In addition, the book plans to provide information on how teachers can avoid liability when dealing with discrimination and harassment based on race, ethnic origin, gender, sexual orientation, age, religion, or disability, regardless of whether it is at the hands of supervisors, peers, or students.In the instructional domain the book is designed to explore the rights and responsibilities teachers have in the instructional process. This will include topics such as what can and cannot be taught, academic freedom, methodology, grading policies, student records, and copyright law. Information will be provided about tort liability and the teacher's responsibilities regarding the safety and well-being of his or her students as well as his or her own protections from defamation and rights of self-defense.

Table of Contents

Prefacep. ix
Acknowledgmentsp. xv
About the Authorsp. xix
Introduction: The Historical and Legal Foundations of Public Educationp. 1
Introductionp. 1
A Brief History of Public Education in Americap. 2
Legal Fundamentals of Educationp. 5
Summary and Recommendationsp. 16
Frequently Asked Questionsp. 17
What's Nextp. 18
Endnotesp. 19
School Governance and the Teacherp. 23
Introductionp. 23
The Role of the Federal Governmentp. 24
State Education Agenciesp. 25
Local School Boardsp. 28
School Finance and Use of Propertyp. 32
Summary and Recommendationsp. 36
Frequently Asked Questionsp. 37
What's Nextp. 38
Endnotesp. 38
Basic Constitutional Rights and Freedomsp. 41
Introductionp. 41
First Amendment Rightsp. 42
Privacyp. 54
Due Processp. 59
Summary and Recommendationsp. 62
Frequently Asked Questionsp. 63
What's Nextp. 65
Endnotesp. 65
Employment Terms and Conditionsp. 71
Introductionp. 71
Teacher Certification or Licensurep. 72
Privacy Rights of Teachersp. 81
Salaries and Terms of Employmentp. 93
Leaves of Absencep. 96
Teacher Evaluationsp. 100
Resignationsp. 102
Summary and Recommendationsp. 104
Frequently Asked Questionsp. 106
What's Nextp. 108
Endnotesp. 108
Collective Bargainingp. 115
Introductionp. 115
Historical Backgroundp. 116
Bargaining Units and Their Compositionp. 118
Union Rightsp. 121
Dispute Resolutionp. 124
Summary and Recommendationsp. 127
Frequently Asked Questionsp. 132
What's Nextp. 133
Endnotesp. 133
Prohibitions Against Employment Discriminationp. 137
Introductionp. 137
Race, Color, Ethnicity, or National Originp. 140
Genderp. 144
Religionp. 149
Disabilityp. 152
Agep. 158
Genetic Informationp. 161
Retaliationp. 162
Affirmative Actionp. 162
Summary and Recommendationsp. 164
Frequently Asked Questionsp. 166
What's Nextp. 167
Endnotesp. 167
Teacher Discipline, Dismissal, and Due Processp. 173
Introductionp. 173
Tenure Rightsp. 174
Progressive Discipline and Dismissal of Teachersp. 178
Reduction in Forcep. 196
Summary and Recommendationsp. 201
Frequently Asked Questionsp. 203
What's Nextp. 204
Endnotesp. 205
Curricular and Instructional Issuesp. 217
Introductionp. 217
Control of the Curriculum and Academic Freedomp. 218
Student Recordsp. 232
Copyright Lawp. 239
Using Technology in the Classroomp. 240
Special Education and Programs for English Language Learnersp. 242
Summary and Recommendationsp. 251
Frequently Asked Questionsp. 254
What's Nextp. 255
Endnotesp. 255
Tort Liabilityp. 265
Introductionp. 265
Definitions and Types of Tortsp. 266
Educational Malpracticep. 289
Civil Rights Violationsp. 290
Summary and Recommendationsp. 292
Frequently Asked Questionsp. 293
Endnotesp. 295
Court Systems and the Authority of Courtsp. 299
Functions and Duties of the Courtsp. 299
Organization of the Federal Court Systemp. 299
State Courtsp. 301
Court Jurisdictionsp. 301
Legal Resources and Referencesp. 303
Laws and Regulationsp. 303
Court Decisionsp. 303
Understanding Legal Citationsp. 304
Basic Legal Research: Maintaining Currency in an Evolving Legal Environmentp. 305
Keeping Abreast of Legal Developmentsp. 305
Useful Education Law Websitesp. 306
Glossary of Terms, Acronyms, and Abbreviationsp. 309
Indexp. 315
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