Overview

The second edition of Legal Rights of Teachers and Students provides an applied treatment of the current status of the law governing public schools in the key areas that concern teachers AND students. Written for the growing undergraduate and returning professional audience of teachers, this text addresses legal principles applicable to pre-service and in-service practitioners in a succinct, comprehensive manner. This book addresses the central issues that concern school personnel in their daily activities: church/state relations, instructional issues, student expression, students with disabilities, student discipline, teacher employment, TEACHERS' SUBSTANTIVE RIGHTS, termination of employment and tort liability. Information in this text will guide PRACTITIONERS and help alleviate concerns voiced by new educators who don't know the legal concepts that govern schools.

Full Product Details

Author:   Nelda H. Cambron-McCabe ,  Martha M. McCarthy ,  Stephen B. Thomas
Publisher:   Pearson Education (US)
Imprint:   Pearson
Edition:   2nd edition
Dimensions:   Width: 23.40cm , Height: 1.50cm , Length: 19.20cm
Weight:   0.399kg
ISBN:  

9780205579365

ISBN 10:   0205579361
Pages:   336
Publication Date:   28 November 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Replaced By:   9780132619431
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   In Print  
Limited stock is available. It will be ordered for you and shipped pending supplier's limited stock.

Table of Contents

Table of Contents 1 Legal Framework of Public Education State Control of Education Legislative Power State Agencies Local School Boards School-Based Councils Federal Role in Education United States Constitution General Welfare Clause Obligation of Contracts Clause First Amendment Fourth Amendment Fourteenth Amendment Federal Legislation Funding Laws Civil Rights Laws Federal 2 Tort Liability Negligence Duty Instruction Supervision Maintenance of Buildings, Grounds, and Equipment Duty to Warn Breach of Duty/Standard of Care Reasonable Person Invitee, Licensee, and Trespasser Proximate Cause Injury Defenses Against Negligence Governmental Immunity Contributory Negligence Comparative Negligence Assumption of Risk Intentional Torts Assault and Battery False Imprisonment Intentional Infliction of Mental Distress Defamation Private and Public Persons Veracity of Statements Fact versus Opinion Privilege Damages Conclusion Points to Ponder 3 Church-State Relations Constitutional Framework Religious Influences in Public Schools Silent Prayer Statutes School-Sponsored Versus Private Devotionals Weisman and Its Progeny Student Elections to Authorize Prayers Post-Santa Fe Rulings Pledge of Allegiance Religious Displays and Holiday Observances Proselytization in the Classroom Equal Access for Religious Expression and Groups Equal Access Act School Access for Community Groups Distribution of Religious Literature Accommodations for Religious Beliefs Release-Time Programs Excusal for Religious Observances Religious Exemptions from Secular Activities Religious Challenges to the Secular Curriculum State Aid to Private Schools Aid for Student Services Aid to Encourage Educational Choice Tax Relief Measures Vouchers Conclusion Points to Ponder 4 Instructional Issues The School Curriculum Requirements and Restrictions Censorship of Instructional Materials Challenges to the Curriculum Censorship by Policy Makers Electronic Censorship Academic Freedom Curriculum Content Teaching Strategies Copyright Compliance Student Proficiency Testing Educational Malpractice/Instructional Negligence Instructional Privacy Rights Student Records Pupil Protection and Parental Rights Laws Conclusion Points to Ponder 5 Student Expression, Association, and Appearance Freedom of Speech and Press Unprotected Expression Defamatory Expression Obscene, Lewd, or Vulgar Expression Inflammatory Expression Advocacy of Illegal Activity for Minors Commercial Expression School-Sponsored Expression Type of Forum Hazelwood and Its Progeny Protected Private Expression Prior Restraints Post-Expression Discipline Anti-Harassment Policies Electronic Expression Time, Place, and Manner Regulations Student-Initiated Clubs Student Appearance Hairstyle Attire Dress Codes Student Uniforms Conclusion Points to Ponder 6 Student Classifications Classifications Based on Race Pre-Brown Litigation De Jure Segregation in the South Distinguishing Between De Jure and De Facto Segregation Achieving Unitary Status Postunitary Transfer and School Assignment Race as a Factor in Admission to Private Schools Race Discrimination and Matriculated Students Classifications Based on Native Language Classifications Based on Sex Interscholastic Sports Single-Sex Teams Fewer Sports Opportunities for Females Modified Sports and Separate Seasons for Females Academic Programs Single-Sex Schools Sex-Segregated Courses and Programs Sex-Based Admission Criteria Sexual Harassment of Students Employee-to-Student Harassment Student-to-Student Harassment Conclusion Points to Ponder 7 Rights of Students with Disabilities Legal Context Rehabilitation Act Americans with Disabilities Act Individuals with Disabilities Education Act Individualized Education Programs Initial Identification Evaluation IEP Team IEP Preparation Free Appropriate Public Education Least Restrictive Environment Private Schools Public Placement of a Child in a Private School Parental Placement of a Child in a Private School Services Available in Private Schools Change of Placement Related Services Transportation Psychological Services Health and Nursing Services Extended School Year Participation in Sports Discipline Suspension Expulsion Procedural Safeguards Conclusion Points to Ponder 8 Student Discipline Conduct Regulations Expulsions and Suspensions Explusions Procedural Requirements Zero-Tolerance Policies Suspensions Corporal Punishment Constitutional Issues State Law Academic Sanctions Absences Misconduct Search and Seizure Application of the Fourth Amendment to Students Students Lockers Search of Personal Possessions: Purses, Book Bags, and Other Property Personal Search of Students Use of Metal Detectors Drug-Detecting Canines Drug Testing Police Involvement Remedies for Unlawful Disciplinary Actions Conclusion Points to Ponder 9 Terms and Conditions of Employment Licensure Employment by Local School Boards Employment Requirements Assignment of Personnel and Duties Contracts Term and Tenure Contracts Supplemental Contracts Domestic Partner Benefits Leaves of Absence Personnel Evaluation Personnel Records Reporting Suspected Child Abuse Collective Bargaining Teachers' Statutory Bargaining Rights Scope of Negotiations Union Security Provisions Exclusive Privileges Grievances Negotiation Impasse Conclusion Points to Ponder 10 Substantive Constitutional Rights Freedom of Expression Legal Principles Application of the Legal Principles Expression Outside the Classroom Prior Restraints and Channel Rules Classroom Expression Freedom of Association Political Affiliations Political Activity Campaigning for Issues and Candidates Holding Public Office Personal Appearance Constitutional Privacy Rights Search and Seizure Lifestyle Controversies Conclusion Points to Ponder 11 Discrimination in Employment Legal Context Fourteenth Amendment Title VII Disparate Treatment and Impact Retaliation Relief Race and National-Origin Discrimination Hiring and Promotion Practices Adverse Decisions Affirmative Action Sex Discrimination Hiring and Promotion Practices Compensation Practices Termination, Nonrenewal, and Denial of Tenure Sexual Harassment Quid Pro Quo Hostile Environment Pregnancy Discrimination Retirement Benefits Religious Discrimination Hiring and Promotion Practices Accommodation Attire Restrictions Personal Leave Job Assignments and Responsibilities Adverse Employment Decisions Age Discrimination Hiring and Promotion Practices Compensation and Benefits Adverse Actions Termination, Nonrenewal, Reduction-in-Force Retaliation Retirement Disability Discrimination Qualifying as Disabled Otherwise Qualified Reasonable Accommodation Termination and Nonrenewal Conclusion Points to Ponder 12 Termination of Employment Procedural Due Process in General Dismissal Nonrenewal Establishing Protected Property and Libery Interests Property Interest Liberty Interest Procedural Requirements in Discharge Proceedings Notice Hearing Adequate Notice of Hearing Waiver of Hearing Impartial Hearing Evidence Dismissal of Cause Incompetency Immorality Insubordination Unprofessional Conduct Neglect of Duty Other Good and Just Cause Reduction-in-Force Remedies for Violations of Protected Rights Liability of School Officials Liability of School Districts Remedies Damages Reinstatement Attorneys' Fees Concusion Points to Ponder 13 Summary of Legal Generalizations Generalizations Conclusions Glossary Selected Supreme Court Decisions Index

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