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

by Allan G. Osborne, Jr.

• ISBN13: 9781412975469
• ISBN10: 1412975468
• Edition: 11th
• Format: Paperback
• Copyright: 2011-04-04
• Publisher: Corwin Pr

Summary

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

Preface	p. ix
Acknowledgments	p. xv
About the Authors	p. xix
Introduction: The Historical and Legal Foundations of Public Education	p. 1
Introduction	p. 1
A Brief History of Public Education in America	p. 2
Legal Fundamentals of Education	p. 5
Summary and Recommendations	p. 16
Frequently Asked Questions	p. 17
What's Next	p. 18
Endnotes	p. 19
School Governance and the Teacher	p. 23
Introduction	p. 23
The Role of the Federal Government	p. 24
State Education Agencies	p. 25
Local School Boards	p. 28
School Finance and Use of Property	p. 32
Summary and Recommendations	p. 36
Frequently Asked Questions	p. 37
What's Next	p. 38
Endnotes	p. 38
Basic Constitutional Rights and Freedoms	p. 41
Introduction	p. 41
First Amendment Rights	p. 42
Privacy	p. 54
Due Process	p. 59
Summary and Recommendations	p. 62
Frequently Asked Questions	p. 63
What's Next	p. 65
Endnotes	p. 65
Employment Terms and Conditions	p. 71
Introduction	p. 71
Teacher Certification or Licensure	p. 72
Privacy Rights of Teachers	p. 81
Salaries and Terms of Employment	p. 93
Leaves of Absence	p. 96
Teacher Evaluations	p. 100
Resignations	p. 102
Summary and Recommendations	p. 104
Frequently Asked Questions	p. 106
What's Next	p. 108
Endnotes	p. 108
Collective Bargaining	p. 115
Introduction	p. 115
Historical Background	p. 116
Bargaining Units and Their Composition	p. 118
Union Rights	p. 121
Dispute Resolution	p. 124
Summary and Recommendations	p. 127
Frequently Asked Questions	p. 132
What's Next	p. 133
Endnotes	p. 133
Prohibitions Against Employment Discrimination	p. 137
Introduction	p. 137
Race, Color, Ethnicity, or National Origin	p. 140
Gender	p. 144
Religion	p. 149
Disability	p. 152
Age	p. 158
Genetic Information	p. 161
Retaliation	p. 162
Affirmative Action	p. 162
Summary and Recommendations	p. 164
Frequently Asked Questions	p. 166
What's Next	p. 167
Endnotes	p. 167
Teacher Discipline, Dismissal, and Due Process	p. 173
Introduction	p. 173
Tenure Rights	p. 174
Progressive Discipline and Dismissal of Teachers	p. 178
Reduction in Force	p. 196
Summary and Recommendations	p. 201
Frequently Asked Questions	p. 203
What's Next	p. 204
Endnotes	p. 205
Curricular and Instructional Issues	p. 217
Introduction	p. 217
Control of the Curriculum and Academic Freedom	p. 218
Student Records	p. 232
Copyright Law	p. 239
Using Technology in the Classroom	p. 240
Special Education and Programs for English Language Learners	p. 242
Summary and Recommendations	p. 251
Frequently Asked Questions	p. 254
What's Next	p. 255
Endnotes	p. 255
Tort Liability	p. 265
Introduction	p. 265
Definitions and Types of Torts	p. 266
Educational Malpractice	p. 289
Civil Rights Violations	p. 290
Summary and Recommendations	p. 292
Frequently Asked Questions	p. 293
Endnotes	p. 295
Court Systems and the Authority of Courts	p. 299
Functions and Duties of the Courts	p. 299
Organization of the Federal Court System	p. 299
State Courts	p. 301
Court Jurisdictions	p. 301
Legal Resources and References	p. 303
Laws and Regulations	p. 303
Court Decisions	p. 303
Understanding Legal Citations	p. 304
Basic Legal Research: Maintaining Currency in an Evolving Legal Environment	p. 305
Keeping Abreast of Legal Developments	p. 305
Useful Education Law Websites	p. 306
Glossary of Terms, Acronyms, and Abbreviations	p. 309
Index	p. 315
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