Teachers and the Law

by Fischer, Louis; Schimmel, David; Kelly, Cynthia

• ISBN13: 9780801319587
• ISBN10: 0801319587
• Edition: 5th
• Format: Paperback
• Copyright: 1998-07-01
• Publisher: Prentice Hall

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