Overview

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.

Full Product Details

Author:   David Schimmel ,  Leslie R. Stellman ,  Louis Fischer
Publisher:   Pearson Education (US)
Imprint:   Pearson
Edition:   8th edition
Dimensions:   Width: 19.10cm , Height: 2.80cm , Length: 23.50cm
Weight:   0.794kg
ISBN:  

9780132564236

ISBN 10:   0132564238
Pages:   480
Publication Date:   18 January 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   Awaiting stock  

Table of Contents

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

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Author Information

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. 

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