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Legal Rights of Teachers and Students
Martha M. McCarthy, University of Indiana, Bloomington
Nelda H. Cambron-McCabe, Miami University, Ohio
Stephen B. Thomas, Kent State University

ISBN-10: 0205354491
ISBN-13: 9780205354498

Publisher: Allyn & Bacon
Copyright: 2004
Format: Paper; 336 pp
Published: 10/03/2003

This item has been replaced by Legal Rights of Teachers and Students, 2/E .

Legal Rights of Teachers and Students provides an applied treatment of the law governing public schools in the key areas that concern teachers and students.

Written for the growing undergraduate and returning professional audience of teachers, this text addresses legal principles applicable to pre-service and in-service practitioners in a succinct, comprehensive manner. It addresses the central issues that concern school personnel in their daily activities: religious activity, instructional issues, student expression, students with disabilities, student discipline, teacher employment, Teachers' Substantive Rights, termination of employment, and tort liability. Information in this text will guide PRACTITIONERS and help alleviate concerns voiced by new educators who don't know the legal concepts that govern schools.

  • Contains coverage of students' and teachers' rights presented in a brief, reader-friendly, and applied format.
  • Discusses implications of legal mandates and provides guidelines for school personnel.
  • Presents material in a non-technical manner, avoiding the extensive use of legal terms while providing basic documentation for further exploration of issues.
  • Provides study questions, case scenarios, and charts to assist readers in understanding the concepts of school law.
  • Features a glossary of basic terms and a table of Supreme Court cases at the end of the text.
  • Highlights changes in the law and emerging areas of controversy, such as student-initiated devotional activities, discipline of children with disabilities, use of metal detectors in student searches, drug testing of students and employees, peer sexual harassment, expression on the Internet, and implementation of affirmative action plans.
  • New chapter (6) on special education and the law addresses changes in IDEA 2004. This chapter is posted on the ed leadership supersite along with other valuable online resources for educators and administrators (www.ablongman.com/edleadership) 

Each chapter concludes with “Conclusion” and “Points to Ponder.”

1. Legal Framework of Public Education.

State Control of Education.

Federal Role in Education.

Function and Structure of the Judicial System.



2. Church/State Relations.

Constitutional Framework.

Religious Influences in Public Schools.

Accommodations for Religious Beliefs.

Religious Challenges to the Secular Curriculum.

State and Private Schools.



3. Instructional Issues.

The School Curriculum.

Student Proficiency Testing.

Educational Malpractice/Instructional Negligence.

Instructional Privacy Rights.



4. Student Expression, Association, and Appearance.

Freedom of Speech and Press.

Student-Initiated Clubs.

Student Appearance.



5. Student Classifications.

Legal Context.

Race-Based Classifications.

Native Language-Based Classifications.

Ability or Achievement-Based Classifications.

Age-Based Classifications.

Gender-Based Classifications.



6. Rights of Students with Disabilities.

Legal Context.

Free Appropriate Public Education.

Individualized Education Programs.

Related Services.

Extended School Year.

Participation in Sports.

Discipline.

Procedural Safeguards.



7. Student Discipline.

Conduct Regulations.

Expulsions and Suspensions.

Corporal Punishment.

Academic Sanctions.

Search and Seizure.



8. Terms and Conditions of Employment.

Licensure or Certification.

Employment by Local School Boards.

Contracts.

Collective Bargaining.

Personnel Evaluation.

Personnel Records.

Other Employment Issues.



9. Substantive Constitutional Rights.

Freedom of Expression.

Freedom of Association.

Personal Appearance.

Privacy Rights.



10. Discrimination in Employment.

Legal Context.

Race and National Origin Discrimination.

Gender Discrimination.

Sexual Preference Discrimination.

Religious Discrimination.

Age Discrimination.

Disability Discrimination.



11. Termination of Employment.

Procedural Due Process in General.

Procedural Requirements in Discharge Proceedings.

Dismissal for Cause.

Remedies for Violations of Protected Rights.



12. Tort Liability.

Negligence.

Intentional Torts.

Defamation.

Damages.



13. Summary of Legal Generalizations.

Generalizations.



Glossary.


Selected Supreme Court Decisions.


Appendix.


Index.

    Legal Rights of Teachers and Students provides an applied treatment of the law governing public schools in the key areas that concern teachers and students.

     

    Written for the growing undergraduate and returning professional audience of teachers, this text addresses legal principles applicable to pre-service and in-service practitioners in a succinct, comprehensive manner. It addresses the central issues that concern school personnel in their daily activities: religious activity, instructional issues, student expression, students with disabilities, student discipline, teacher employment, Teachers' Substantive Rights, termination of employment, and tort liability. Information in this text will guide PRACTITIONERS and help alleviate concerns voiced by new educators who don't know the legal concepts that govern schools.

     

    The second edition has been thoroughly updated with the latest cases and provides coverage of such timely topics as English Language Learners, Bullying, Sexual Harassment, vouchers, digital copyright, and more.

  • 0205579361Legal Rights of Teachers and Students, 2/E
    Cambron-McCabe, McCarthy & Thomas
    © 2009 | Allyn & Bacon | Paper; 336 pages | Instock
    ISBN-10: 0205579361 | ISBN-13: 9780205579365
    Brief Description | Buy from myPearsonStore

Legal Rights of Teachers and Students provides an applied treatment of the current status of the law governing public schools in the key areas that concern teachers AND students.

Written for the growing undergraduate and returning professional audience of teachers, this text addresses legal principles applicable to pre-service and in-service practitioners in a succinct, comprehensive manner. This book presents the central issues that concern school personnel in their daily activities: church/state relations, instructional issues, student expression, students with disabilities, student discipline, teacher employment, teachers substantive rights, termination of employment and tort liability. Information in this text will guide practitioners and help alleviate concerns voiced by new educators who are not familiar with the legal concepts that govern schools.

Features:

  • Discusses implications of legal mandates and provides guidelines for school personnel.
  • Presents material in a clear, non-technical manner, avoiding the extensive use of legal terms while providing basic documentation for further exploration of issues.
  • Provides study questions, case scenarios and charts to assist readers in understanding the concepts of school law.
  • Features a glossary of basic terms and a table of Supreme Court cases at the end of the text.
  • Highlights changes in the law and emerging areas of controversy, such as student-initiated devotional activities, discipline of children with disabilities, use of metal detectors in student searches, drug testing of students and employees, peer sexual harassment, expression on the Internet and implementation of affirmative action plans.
Related Title:

Public School Law: Teacher's and Student's Rights, 5/e
Nelda H. Cambron-McCabe
Martha M. McCarthy
Steven B. Thomas
ISBN#0-205-35216-2

Visit the Ed Leadership SuperSite at www.ablongman.com/edleadership for additional resources!

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  • 0205466990Legal Rights of Teachers and Students, CourseSmart eTextbook
    McCarthy, Cambron-McCabe & Thomas
    © 2004 | Allyn & Bacon | On-line Supplement; 336 pages | Instock
    ISBN-10: 0205466990 | ISBN-13: 9780205466993
    URL: http://www.coursesmart.com
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