Teachers and the Law

Future teachers and administrators and current school professionals get a comprehensive, user-friendly guide to critical school law topics and issues in this widely popular book. Using a unique question and answer format based on real cases from school districts throughout the country, the authors provide a thorough, wide-ranging understanding of public school law in the United States today. The clear, jargon-free writing style is ideal for readers without a strong legal background, as it eliminates technical and intimidating legal speak in favor of clear, simple explanations. The new edition of Teachers and the Law covers topics of concern today including the rights of transgender students, procedural versus substantive due process, charter schools and vouchers, students' privacy rights when using computer, and the federal laws affecting disabled students, and includes a discussion of a recent affirmative action case.

Preface

About the Authors

1 Teachers and the Legal System

Overview

Summary

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

10 When Can Schools Restrict Students' Freedom of Expression?

Overview

The Wooster Case

The Tinker Case

Hate Speech Codes

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 Politics

Political and Social Affiliations

Oaths of Loyalty

Summary

Notes

13 What Are My Rights to Due Process and to Privacy?

Overview

Due Process for Teachers

Substantive Due Process

Due Process for Students

Procedural Due Process: The Goss Case

Substantive Due Process for Students

School Searches

Searches of Teachers

Searches of Students

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

Marriage and Pregnancy

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 Family Educational Rights and Privacy Act

What Are the Main Features of the Act?

Right of Access

Other Rights

Legal Enforcement

Summary

Notes

19 Do Parents Have Choices in Educating Their Children?

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 Emerging Legal Issues

Overview

Accountability in Education

Students: The No Child Left Behind Act of 2001

High-Stakes Testing

Parents: School Choice

Technology in Education

School Safety

Rights of Transgender Students

Rights of Homeless Students

Frivolous Lawsuits

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

Glossary

Index