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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

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ISBN: 9781412975469
$46.95

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