A comprehensive and user-friendly guide to school law with a wholly unique question-and-answer format.
Written in a user-friendly question-and-answer format that engages and encourages readers, the new eighth edition of Teachers and the Law offers future educators a thorough and wide-ranging understanding of United States public school law. Eliminating technical and intimidating legal speak in favor of clear and simple explanations, this comprehensive school law text provides school professions with the knowledge and tools they need to both understand legal issues as they arise and to practice preventive law regardless of their legal background. Blending the use of straightforward and easy-to-understand prose with real-life examples and case studies, Teachers and the Law is a vital reference for those who are likely to face pressing school law questions in their coming careers as educators.
The newest edition of this text highlights current trends and decisions in the most recent areas of school law. New topics include teachers' controversial postings on the internet, the Teacher Liability Protection Act, peer sexual harassment, disciplining students for cyber-bullying, recent restrictions on teachers' academic freedom and personal life, protections for gay and lesbian students, and for students' freedom of religious and political expression. The eighth edition also explains changes in affirmative action decisions, special education, and the likely changes in the No Child Left Behind law. In addition, the most current edition divides the topic of freedom of expression into two chapters to give readers an expanded understanding of this increasingly controversial topic for both teachers and students.
Auflage
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Maße
Höhe: 232 mm
Breite: 187 mm
Gewicht
ISBN-13
978-0-13-509448-8 (9780135094488)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Klassifikation
Louis Fischer (J.D. and Ph.D., Stanford University) is Professor Emeritus and former dean
of the School of Education at the University of Massachusetts Amherst.
David Schimmel (J.D., Yale University) David Schimmel is Professor Emeritus at the University of Massachustts, Amherst and Visiting Professor at Harvard University's Graduate School of Education. He is author of over 60 articles and co-author of six books about law and education including School Law: What Every Educator Should Know (2008) and is recipient of the Education Press Association of America's Distinguished Achievement Award for Excellence in Educational Journalism. After graduating from Yale Law School, he briefly practiced law, was an Army Infantry Officer, and served on the Peace Corps staff for six years before starting his teaching career at UMass. His current research and writing focuses on promoting legal literacy for teachers.
Leslie R. Stellman (J.D., Syracuse University) Leslie Robert Stellman is the team leader of the education law department of Maryland's largest school law firm, Hodes, Pessin & Katz, P.A., located in Towson, Maryland. Mr. Stellman has been practicing education law for over 35 years and represents many of Maryland's public school boards as well as colleges and universities. He received his Bachelor's degree from the Johns Hopkins University and his Juris Doctor from the Syracuse University College of Law, magna cum laude. Mr. Stellman is widely known as an author, lecturer, professor, and practitioner in all aspects of school law, and is a member of the Education Law Association and the National Association of Boards of Education's Council of School Attorneys. He is also on the faculties of the Johns Hopkins University School of Education and the University of Baltimore College of Law.
Preface
1 Teachers and the Legal System
Overview
Jackson v. Birmingham Board of Education
Notes
PART ONE * The Legal Aspects of Teaching
2 Do I Have a Contract?
Overview
Creating a Contract
Express and Implied Contracts
Breach of Contract
Summary
Notes
3 How Secure Is My Employment?
Overview
Acquiring Tenure
Rights of Tenure
Dismissal Procedures
Grounds for Dismissal
Summary
Notes
4 How Does Collective Bargaining Affect Me?
Overview
The Right to Organize
Teachers' Rights
Contract Negotiations
Strikes
Summary
Notes
5 When Am I Liable?
Overview
Student Injuries
Defenses against Liability
Other Types of Liability
Damages
Summary
Notes
6 What Constitutes Slander and Libel?
Overview
Defamatory Statements about Teachers
Defamatory Statements about Students
Public Officials
Summary
Notes
7 How Should I Deal with Child Abuse and Neglect?
Overview
Child Abuse and Neglect
State Reporting Requirements
Symptoms of Abuse and Neglect
Reporting Child Abuse and Neglect
Summary
Notes
8 How Does Copyright Law Affect Me?
Overview
Introduction to Copyright Law
Materials Covered by Copyright
Fair Use
Copyright Violation
Summary
Notes
PART TWO * Teachers' and Students' Rights
9 When Can Schools Restrict Teachers' Freedom of Expression?
Overview Teachers and Free Speech
Controversial Issues and Academic Freedom
Teaching Methods
Summary
Notes
10When Can Schools Restrict Students' Freedom of Expression?
Overview
Students' Freedom of Speech Hate Speech Codes
Controversial Student Views on Armbands and T-Shirts, in Classrooms and on the Internet, and in Course Assignments and Student Publications.
The Hazelwood Case
Underground Publications Summary
Notes
11 When Can Schools Limit Religious Freedom?
Overview
Teachers' Freedom of Conscience
Religious Holidays
Students' Freedom of Conscience
Summary
Notes
12 When Can Schools Limit Freedom of Association?
Overview
Student Organizations
Demonstrations, Protests, and Speakers
Teachers and Partisan Politics
Political and Social Affiliations
Oaths of Loyalty
Summary
Notes
13 What Are My Rights under Due Process?
Overview
Due Process for Teachers
Due Process for Students
Corporal Punishment
School Searches
Summary
Notes
14 How Free Is My Personal Life?
Overview
"Immoral" and "Unprofessional" Conduct
Criminal Conduct
Lifestyle
Age, Citizenship, and Disability
Summary
Notes
15 Are Teachers and Students Protected
against Racial Discrimination?
Overview
School Desegregation
Racial Discrimination against Teachers and Staff
Summary
Notes
16 Are Teachers and Students Protected against Sex
Discrimination?
Overview
Sex Discrimination against Teachers
Sex Discrimination against Students
Summary
Notes
17 Are There Special Rights for Students with Disabilities
and Non-English-Speaking Students?
Overview
Educating Students with Disabilities
Bilingual and Multicultural Education
Summary
Notes
18 Who Controls Student Records?
Overview
The Buckley Amendment
Right of Access
Other Rights
Legal Enforcement
Summary
Notes
19 Do Parents Have Choices in Educating Their Children? 402
Overview
Compulsory Schooling and Parents' Rights
Home Schooling
Objections to the Curriculum
Summary
Notes
20 When Can Schools Restrict Personal Appearance?
Overview
Grooming Standards for Teachers
Teachers' Clothing
Students' Grooming
School Dress Codes
School Uniforms, Gang Clothing, and Message T-Shirts
Summary
Notes
21 The No Child Left Behind Act, Control of the Internet,
and Other Current Controversies
Overview
The No Child Left Behind Act
School Choice: Vouchers and Charter Schools
High-Stakes Testing
Teacher Testing and Evaluation
Control of the Internet and Emerging Technologies
Frivolous Lawsuits
AIDS Awareness and Condom Distribution
Public Education Funding
Summary
Notes
Appendix A: Selected Provisions of the U.S. Constitution
Appendix B: Major Federal Laws Affecting Schools
Appendix C: Other Legal Resources for Teachers
Selected Bibliography
Glossary
Index
