School Law for the Teachers Concepts and Applications

by Underwood, Julie K.; Webb, L. Dean

• ISBN13: 9780131192423
• ISBN10: 0131192426
• Edition: 1st
• Format: Paperback
• Copyright: 2005-09-20
• Publisher: Pearson

Summary

This book provides a broad legal background and helps teachers understand their rights and responsibilities, as well as, the rights of their students. School Law for Teacherscovers the issues that are greatest concern to teachers today, namely employment and tenure, teachers'rights, teacher discipline, teachers'legal responsibilities, negligence and defamation, students'rights, education of students with disabilities, student discipline and due process, discrimination and harassment, and religion. Inservice Teachers, School Administrators, and Special Educators.

Table of Contents

Legal Framework for the Public Schools	1	(22)
Federal Constitutional Provisions Affecting Education	2	(4)
General Welfare Clause	3	(1)
Obligation of Contracts Clause	3	(1)
First Amendment	4	(1)
Fourth Amendment	5	(1)
Fifth Amendment	5	(1)
Eighth Amendment	5	(1)
Tenth Amendment	6	(1)
Fourteenth Amendment	6	(1)
State Constitutional Provisions Affecting Education	6	(1)
Statutory Law	7	(5)
Federal Statutes	8	(1)
State Statutes	9	(3)
Case Law	12	(1)
Administrative Rules and Regulations	12	(1)
School Board Policies and Rules	13	(1)
Powers and Organization of the Courts	13	(4)
The Federal Court System	14	(2)
State Courts	16	(1)
Locating and Reading Education Cases	17	(3)
Guiding Legal Principles	20	(1)
More on the Web	21	(2)
Employment and Tenure	23	(24)
Certification	24	(1)
Citizenship and Residency Requirements	25	(1)
Health and Physical Requirements	26	(3)
Teacher Testing	29	(3)
The Employment Contract	32	(4)
Offer and Acceptance	32	(1)
Legally Competent Parties	33	(1)
Consideration	33	(1)
Legal Subject Matter	33	(1)
Proper Form	33	(2)
Terms of the Contract: Duties and Responsibilities	35	(1)
Outside Employment	36	(1)
Tenure	36	(2)
Reduction in Force	38	(2)
Collective Negotiations	40	(1)
Guiding Legal Principles	41	(1)
You Be the Judge	42	(1)
More on the Web	43	(4)
Teachers Rights	47	(16)
Freedom of Expression	48	(2)
What Is Protected Speech?	48	(1)
Is the Speech Disruptive?	49	(1)
Freedom of Association	50	(2)
Membership	50	(1)
Political Activity	50	(1)
Loyalty Oaths	51	(1)
Free Exercise of Religion	52	(1)
Reasonable Accommodation Under Title VII	53	(1)
Freedom From Unreasonable Search and Seizure	53	(2)
Workplace Searches	53	(1)
Urinalysis	54	(1)
Freedom From Self-Incrimination	55	(1)
Right to Privacy	55	(1)
Academic Freedom	56	(1)
Guiding Legal Principles	57	(1)
You Be the Judge	58	(2)
More on the Web	60	(3)
Teacher Discipline	63	(16)
Procedural Due Process Requirements	64	(3)
Notice	64	(1)
Hearing	65	(2)
Dismissal	67	(4)
Immorality	67	(2)
Incompetence	69	(1)
Insubordination	69	(2)
Progressive Discipline	71	(1)
Nonrenewal	71	(3)
Suspension	74	(1)
Reprimand/Warning	74	(1)
Fines	74	(1)
Guiding Legal Principles	75	(1)
You Be the Judge	75	(2)
More on the Web	77	(2)
Legal Responsibilities of Teachers	79	(20)
Child Abuse and Neglect	80	(6)
Definition and Incidence	80	(1)
Child Neglect	80	(1)
Physical Abuse	81	(1)
Sexual Abuse	81	(1)
Emotional Abuse	81	(1)
Identifying Child Abuse and Neglect	82	(2)
Reporting Child Abuse and Neglect	84	(2)
Observing Copyright	86	(8)
Fair Use of Copyrighted Works	86	(1)
Broadcast Recording	87	(3)
Fair Use of Audiovisual Material	90	(1)
Fair Use of Computer Software	90	(1)
Use of Internet Materials and File Sharing	91	(1)
Computer and Internet Acceptable Use Policies	92	(2)
Guiding Legal Principles	94	(1)
You Be the Judge	95	(2)
More on the Web	97	(2)
Negligence and Defamation in the School Setting	99	(20)
Elements of Negligence	100	(6)
Duty	100	(3)
Breach of Duty	103	(1)
Causation	104	(2)
Injury	106	(1)
Defenses Against a Claim of Negligence	106	(2)
Governmental (Sovereign) Immunity	106	(1)
Assumption of Risk	107	(1)
Contributory and Comparative Negligence	108	(1)
Educational and Professional Malpractice	108	(1)
Defamation	109	(4)
True or False?	110	(1)
Opinion or Fact?	110	(1)
Privilege	110	(2)
Public Figure	112	(1)
Guiding Legal Principles	113	(1)
You Be the Judge	114	(2)
More on the Web	116	(3)
Students' Rights	119	(22)
Freedom of Speech/Expression	120	(6)
What Is Speech?	120	(1)
Restrictions on Student Speech	120	(4)
Dress Codes	124	(2)
Freedom of Association	126	(2)
Freedom From Unreasonable Search and Seizure	128	(3)
What Is a Search?	129	(1)
Types of School Searches	129	(2)
Student Records and Privacy	131	(4)
Family Educational Rights and Privacy Act	131	(3)
Protection of Pupil Rights Amendment	134	(1)
Guiding Legal Principles	135	(1)
You Be the Judge	135	(2)
More on the Web	137	(4)
Education of Students With Disabilities	141	(26)
Individuals With Disabilities Education Act	143	(15)
Free and Appropriate Education	143	(2)
Identification and Evaluation	145	(2)
Individualized Education Program	147	(5)
Related Services	152	(3)
Least Restrictive Environment	155	(2)
Procedural Due Process	157	(1)
Section 504 of the Rehabilitation Act	158	(3)
Americans With Disabilities Act	161	(2)
Guiding Legal Principles	163	(1)
You Be the Judge	163	(2)
More on the Web	165	(2)
Student Discipline and Due Process	167	(16)
Due Process in Student Discipline	168	(1)
Types of Discipline	169	(4)
Grade Reduction and Academic Sanctions	169	(1)
Withholding Diplomas	170	(1)
Suspension or Expulsion From Extracurricular Activities	170	(1)
Corporal Punishment	170	(1)
Suspensions	171	(2)
Alternative Educational Assignments or Disciplinary Transfers	173	(1)
Expulsions	173	(2)
Discipline for Off-Campus Conduct	175	(3)
Discipline of Students With Disabilities	175	(1)
Does the Student Have an IEP?	175	(1)
Does the Incident Trigger Need for a Referral?	176	(1)
Short-Term versus Long-Term Suspensions	176	(1)
Is the Behavior a Manifestation of the Disability?	177	(1)
Interim Alternative Educational Settings	177	(1)
``Stay Put'' Placements	177	(1)
Guiding Legal Principles	178	(1)
You Be the Judge	179	(1)
More on the Web	180	(3)
Discrimination and Harassment in the School Environment	183	(26)
Constitutional Protections Against Discrimination	184	(1)
Statutory Protections Against Discrimination	184	(2)
Discrimination on the Basis of Race or Ethnicity	186	(5)
Racial and Ethnic Segregation	186	(1)
Diversity Programs	187	(1)
Affirmative Action	188	(3)
Employment Discrimination	191	(2)
Title VII	191	(2)
Equal Pay Act	193	(1)
Disability Discrimination	193	(2)
Sex Discrimination	195	(7)
Sexual Harassment	195	(5)
Single-Sex Instruction	200	(2)
Guiding Legal Principles	202	(1)
You Be the Judge	203	(2)
More on the Web	205	(4)
Religion in the Schools	209	(18)
Interpretation of the First Amendment	210	(2)
Establishment Clause	210	(1)
Free Exercise Clause	211	(1)
Prayer in the School	212	(2)
Individual and Group Prayer	212	(1)
Prayer at School-Sponsored Activities	213	(1)
Religious Expression	214	(1)
Religious Displays	215	(1)
Observing Religious Holidays	216	(2)
Distribution of Religious Literature	218	(1)
Wearing Religious Attire or Symbols	218	(1)
Curriculum Issues	219	(2)
Released Time for Religious Instruction	221	(1)
Guiding Legal Principles	221	(1)
You Be the Judge	222	(2)
More on the Web	224	(3)
Index	227