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The Legal Rights and Responsibilities of Teachers
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The Legal Rights and Responsibilities of Teachers
Issues of Employment and Instruction



April 2011 | 352 pages | Corwin

"Now teachers have an absolute desk reference that could be called 'How to Stay in the Classroom and Out of the Courtroom!"
—John Casper, District Achievement Gap Coordinator
Kentucky Department of Education

"Reading this book is the next best thing to taking a class on education law. It could well serve as the resource for such a class!"
—Deanna Brunlinger, Science Teacher
Elkhorn Area High School, WI

Everything teachers need to know about education law

Do you know what you can and can't do and say in your school? Most teacher education programs offer little, if any, instruction on education law. When teachers need advice regarding employment or instructional issues, they may find the search frustrating, time-consuming, or costly. Teachers will find the answers to their most frequently asked legal questions in this easy-to-read book. Key topics include:

  • Certification, tenure, evaluation, and dismissal
  • Collective bargaining and teacher contracts
  • Constitutional rights of teachers
  • Discrimination and harassment
  • Academic freedom
  • Grading policy and integrity of student records
  • Copyright law
  • Safety

Also covered are tort liability, teachers' responsibilities regarding the safety and well-being of their students, and teachers' protection from defamation. Educators will find practical suggestions, vignettes, and summaries of judicial opinions with real-world applications. Don't wait for a problem to arise. Read this book and be prepared.

 


 
Preface
 
Acknowledgments
 
About the Authors
 
1. Introduction: The Historical and Legal Foundations of Public Education
Introduction

 
A Brief History of Public Education in America

 
Legal Fundamentals of Education

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
2. School Governance and the Teacher
Introduction

 
The Role of the Federal Government

 
State Education Agencies

 
Local School Boards

 
School Finance and Use of Property

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
3. Basic Constitutional Rights and Freedoms
Introduction

 
First Amendment Rights

 
Privacy

 
Due Process

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
4. Employment Terms and Conditions
Introduction

 
Teacher Certification or Licensure

 
Privacy Rights of Teachers

 
Salaries and Terms of Employment

 
Leaves of Absence

 
Teacher Evaluations

 
Resignations

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
5. Collective Bargaining
Introduction

 
Historical Background

 
Bargaining Units and Their Composition

 
Union Rights

 
Dispute Resolution

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
6. Prohibitions Against Employment Discrimination
Introduction

 
Race, Color, Ethnicity, or National Origin

 
Gender

 
Religion

 
Disability

 
Age

 
Genetic Information

 
Retaliation

 
Affirmative Action

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
7. Teacher Discipline, Dismissal, and Due Process
Introduction

 
Tenure Rights

 
Progressive Discipline and Dismissal of Teachers

 
Reduction in Force

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
8. Curricular and Instructional Issues
Introduction

 
Control of the Curriculum and Academic Freedom

 
Student Records

 
Copyright Law

 
Using Technology in the Classroom

 
Special Education and Programs for English Language Learners

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
9. Tort Liability
Introduction

 
Definitions and Types of Torts

 
Educational Malpractice

 
Civil Rights Violations

 
Summary and Recommendations

 
Frequently Asked Questions

 
Endnotes

 
 
Resource A: Court Systems and the Authority of Courts
Functions and Duties of the Courts

 
Organization of the Federal Court System

 
State Courts

 
Court Jurisdictions

 
 
Resource B: Legal Resources and References
Laws and Regulations

 
Court Decisions

 
Understanding Legal Citations

 
 
Resource C: Basic Legal Research: Maintaining Currency in an Evolving Legal Environment
Keeping Abreast of Legal Developments

 
Useful Education Law Websites

 
 
Glossary of Terms, Acronyms, and Abbreviations
 
Index

"Now teachers have an absolute desk-reference that could be called 'How to Stay in the Classroom and Out of the Courtroom!'"

John Casper, District Achievement Gap Coordinator
Kentucky Department of Education

"A clear understanding of rights and obligations allows teachers to approach their jobs with confidence, and will allay any fears based on rumor or misconceptions of the law."

Karen L. Fernandez, Teacher
Denver Center for International Studies

"Reading this book is the next best thing to taking a class on educational law. It could well serve as the resource for such a class!"

Deanna Brunlinger, Science Teacher
Elkhorn Area High School, WI

"Uses real-world applications and issues to apply legal concepts and tested decisions to the entire educator environment. Chapters are packed with legal references and anotations for further research and clarifications."

James A. Cox, Editor-in-Chief
The Midwest Book Review, August 2011
Key features
The book will include useful, practical suggestions and brief vignettes for dealing with specific situations and frequently asked questions at the end of each chapter. Also:
Appendix with legal case summaries
Glossary
Index

Sample Materials & Chapters

Osborne_Legal_Rights_preface

Osborne_Legal_Rights_Ch1


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For instructors

Select a Purchasing Option

ISBN: 9781412975469
$46.95

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