The Legal Rights and Responsibilities of Teachers

Issues of Employment and Instruction
Allan G. Osborne - Snug Harbor Community School (Retired), Quincy, Massachusetts
Charles Russo - University of Dayton, USA
The Legal Rights and Responsibilities of Teachers
April 2011 | 352 pages | Corwin
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ISBN: 9781452239118
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ISBN: 9781412975469
Available from January 0001

Description

"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.

 

Contents

Preface

Preface

Acknowledgments

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

Glossary of Terms, Acronyms, and Abbreviations

Index

Index

Description

"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.

 

Contents

Preface

Preface

Acknowledgments

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

Glossary of Terms, Acronyms, and Abbreviations

Index

Index

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The Legal Rights and Responsibilities of Teachers

Issues of Employment and Instruction

Allan G. Osborne , Charles Russo
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April 2011 | 352 pages | Corwin

Format Published Date ISBN Price
Paperback 27/02/2023 9781412975469 $51.95
Lifetime 27/02/2023 9781452239118 $47.00

"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.

 


Table Of Contents:

  • 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

Recent Product Reviews:

"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
"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

Recommendations