Allyn & Bacon / Merrill
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ISBN-10: 0205579361
ISBN-13: 9780205579365
Publisher: Allyn & Bacon
Copyright: 2009
Format: Paper; 336 pp
Published: 09/02/2008
Suggested retail price: $73.00
Buy from myPearsonStore
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.
- 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)
- New issues such as Ell, Bullying, Sexual Harassment, vouchers, digital copyright, etc added.
- Updated coverage of federal regulations and significant cases surrounding Special Education.
- Most up-to-date law book on the market - each chapter has been updated with the latest cases. For example Jacobs vs. Barber regarding the 9th Circuit's decision on student uniforms (May 12, 2008).
- Practical charts provide procedural steps (for example IDEA Complaint procedures) and graphical depictions of laws governing areas such as student expression rights and employee expression rights.
- New coverage of high stakes testing.
- Summary statements begin each major headings providing an easy to access advance organizer for readers.
- Important points are now bolded allowing readers to quickly identify and review key ideas.
- Points to Ponder, located at the end of the chapter, provide 4-5 scenarios for readers to practice applying chapter content to everyday practice.
Table of Contents
1 Legal Framework of Public Education
State Control of Education
Legislative Power
State Agencies
Local School Boards
School-Based Councils
Federal Role in Education
United States Constitution
General Welfare Clause
Obligation of Contracts Clause
First Amendment
Fourth Amendment
Fourteenth Amendment
Federal Legislation
Funding Laws
Civil Rights Laws
Federal
2 Tort Liability
Negligence Duty
Instruction
Supervision
Maintenance of Buildings, Grounds, and Equipment
Duty to Warn
Breach of Duty/Standard of Care
Reasonable Person
Invitee, Licensee, and Trespasser
Proximate Cause
Injury
Defenses Against Negligence
Governmental Immunity
Contributory Negligence
Comparative Negligence
Assumption of Risk
Intentional Torts
Assault and Battery
False Imprisonment
Intentional Infliction of Mental Distress
Defamation
Private and Public Persons
Veracity of Statements
Fact versus Opinion
Privilege
Damages
Conclusion
Points to Ponder 3 Church-State Relations
Constitutional Framework
Religious Influences in Public Schools
Silent Prayer Statutes
School-Sponsored Versus Private Devotionals
Weisman and Its Progeny
Student Elections to Authorize Prayers
Post-Santa Fe Rulings
Pledge of Allegiance
Religious Displays and Holiday Observances
Proselytization in the Classroom
Equal Access for Religious Expression and Groups
Equal Access Act
School Access for Community Groups
Distribution of Religious Literature
Accommodations for Religious Beliefs
Release-Time Programs
Excusal for Religious Observances
Religious Exemptions from Secular Activities
Religious Challenges to the Secular Curriculum
State Aid to Private Schools
Aid for Student Services
Aid to Encourage Educational Choice
Tax Relief Measures
Vouchers
Conclusion
Points to Ponder
4 Instructional Issues
The School Curriculum
Requirements and Restrictions
Censorship of Instructional Materials
Challenges to the Curriculum
Censorship by Policy Makers
Electronic Censorship
Academic Freedom
Curriculum Content
Teaching Strategies
Copyright Compliance
Student Proficiency Testing
Educational Malpractice/Instructional Negligence
Instructional Privacy Rights
Student Records
Pupil Protection and Parental Rights Laws
Conclusion
Points to Ponder
5 Student Expression, Association, and Appearance
Freedom of Speech and Press
Unprotected Expression
Defamatory Expression
Obscene, Lewd, or Vulgar Expression
Inflammatory Expression
Advocacy of Illegal Activity for Minors
Commercial Expression
School-Sponsored Expression
Type of Forum
Hazelwood and Its Progeny
Protected Private Expression
Prior Restraints
Post-Expression Discipline
Anti-Harassment Policies
Electronic Expression
Time, Place, and Manner Regulations
Student-Initiated Clubs
Student Appearance
Hairstyle
Attire
Dress Codes
Student Uniforms
Conclusion
Points to Ponder
6 Student Classifications
Classifications Based on Race
Pre-Brown Litigation
De Jure Segregation in the South
Distinguishing Between De Jure and De Facto Segregation
Achieving Unitary Status
Postunitary Transfer and School Assignment
Race as a Factor in Admission to Private Schools
Race Discrimination and Matriculated Students
Classifications Based on Native Language
Classifications Based on Sex
Interscholastic Sports
Single-Sex Teams
Fewer Sports Opportunities for Females
Modified Sports and Separate Seasons for Females
Academic Programs
Single-Sex Schools
Sex-Segregated Courses and Programs
Sex-Based Admission Criteria
Sexual Harassment of Students
Employee-to-Student Harassment
Student-to-Student Harassment
Conclusion
Points to Ponder
7 Rights of Students with Disabilities
Legal Context
Rehabilitation Act
Americans with Disabilities Act
Individuals with Disabilities Education Act
Individualized Education Programs
Initial Identification
Evaluation
IEP Team
IEP Preparation
Free Appropriate Public Education
Least Restrictive Environment
Private Schools
Public Placement of a Child in a Private School
Parental Placement of a Child in a Private School
Services Available in Private Schools
Change of Placement
Related Services
Transportation
Psychological Services
Health and Nursing Services
Extended School Year
Participation in Sports
Discipline
Suspension
Expulsion
Procedural Safeguards
Conclusion
Points to Ponder
8 Student Discipline
Conduct Regulations
Expulsions and Suspensions
Explusions
Procedural Requirements
Zero-Tolerance Policies
Suspensions
Corporal Punishment
Constitutional Issues
State Law
Academic Sanctions
Absences
Misconduct
Search and Seizure
Application of the Fourth Amendment to Students
Students
Lockers
Search of Personal Possessions: Purses, Book Bags, and Other Property
Personal Search of Students
Use of Metal Detectors
Drug-Detecting Canines
Drug Testing
Police Involvement
Remedies for Unlawful Disciplinary Actions
Conclusion
Points to Ponder
9 Terms and Conditions of Employment
Licensure
Employment by Local School Boards
Employment Requirements
Assignment of Personnel and Duties
Contracts
Term and Tenure Contracts
Supplemental Contracts
Domestic Partner Benefits
Leaves of Absence
Personnel Evaluation
Personnel Records
Reporting Suspected Child Abuse
Collective Bargaining
Teachers’ Statutory Bargaining Rights
Scope of Negotiations
Union Security Provisions
Exclusive Privileges
Grievances
Negotiation Impasse
Conclusion
Points to Ponder
10 Substantive Constitutional Rights
Freedom of Expression
Legal Principles
Application of the Legal Principles
Expression Outside the Classroom
Prior Restraints and Channel Rules
Classroom Expression
Freedom of Association
Political Affiliations
Political Activity
Campaigning for Issues and Candidates
Holding Public Office
Personal Appearance
Constitutional Privacy Rights
Search and Seizure
Lifestyle Controversies
Conclusion
Points to Ponder
11 Discrimination in Employment
Legal Context
Fourteenth Amendment
Title VII
Disparate Treatment and Impact
Retaliation
Relief
Race and National-Origin Discrimination
Hiring and Promotion Practices
Adverse Decisions
Affirmative Action
Sex Discrimination
Hiring and Promotion Practices
Compensation Practices
Termination, Nonrenewal, and Denial of Tenure
Sexual Harassment
Quid Pro Quo
Hostile Environment
Pregnancy Discrimination
Retirement Benefits
Religious Discrimination
Hiring and Promotion Practices
Accommodation
Attire Restrictions
Personal Leave
Job Assignments and Responsibilities
Adverse Employment Decisions
Age Discrimination
Hiring and Promotion Practices
Compensation and Benefits
Adverse Actions
Termination, Nonrenewal, Reduction-in-Force
Retaliation
Retirement
Disability Discrimination
Qualifying as Disabled
Otherwise Qualified
Reasonable Accommodation
Termination and Nonrenewal
Conclusion
Points to Ponder
12 Termination of Employment
Procedural Due Process in General
Dismissal
Nonrenewal
Establishing Protected Property and Libery Interests
Property Interest
Liberty Interest
Procedural Requirements in Discharge Proceedings
Notice
Hearing
Adequate Notice of Hearing
Waiver of Hearing
Impartial Hearing
Evidence
Dismissal of Cause
Incompetency
Immorality
Insubordination
Unprofessional Conduct
Neglect of Duty
Other Good and Just Cause
Reduction-in-Force
Remedies for Violations of Protected Rights
Liability of School Officials
Liability of School Districts
Remedies
Damages
Reinstatement
Attorneys’ Fees
Concusion
Points to Ponder
12 Summary of Legal Generalizations
Generalizations
Conclusions
Glossary
Selected Supreme Court Decisions
Index
Legal Rights of Teachers and Students
McCarthy, Cambron-McCabe & Thomas
© 2004 | Allyn & Bacon | Paper; 336 pages | Instock
ISBN-10: 0205354491 | ISBN-13: 9780205354498
Brief Description
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.
Legal Rights of Teachers and Students
Nelda H. Cambron-McCabe, Stephen B. Thomas, and Martha M. McCarthy
The second edition of 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. This book presents the central issues that concern school personnel: church/state relations, student expression, student discipline, and teacher employment. This text will guide practitioners and alleviate concerns of new educators who are unfamiliar with the laws that govern schools.
Hallmark Features:
- Discusses implications of legal mandates and provides guidelines for school personnel in clear, non-technical language.
- Provides study questions, case scenarios and opportunities for further exploration to assist reader comprehension.
- Features a Glossary of terms and a Table of Supreme Court cases.
- Highlights changes in the law and emerging areas of controversy, such as use of metal detectors in schools, drug testing, and implementation of affirmative action plans.
New to this Edition:
- Extensive coverage of ELL, Bullying, Sexual Harassment and High-stakes Testing.
- Updated coverage of federal regulations and significant cases surrounding Special Education.
- Charts providing procedural steps and graphical depictions of laws governing areas such as Student Expression Rights, Employee Expression Rights, and IDEA Complaint procedures.
- Summary statements beginning each major heading provide a convenient advance organizer.
- Important points are printed in boldface, allowing for identification of key ideas.
- Points to Ponder at the end of the chapter provide scenarios for readers to practice applying content to everyday practice.
- Allyn & Bacon Digital Media Archive CD-ROM for Education, 2001 Edition
Allyn & Bacon
© 2001 | Merrill | CD-ROM Only | Instock
ISBN-10: 0205319602 | ISBN-13: 9780205319602
URL: http://www.ablongman.com/dma - Responding to Hate at School: A Guide for Teachers, Counselors, and Administrators
Southern Poverty Law Center
© 2001 | Prentice Hall | Paper | Instock
ISBN-10: 0130284580 | ISBN-13: 9780130284587
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Legal Rights of Teachers and Students, CourseSmart eTextbook, 2/E
Cambron-McCabe, McCarthy & Thomas
© 2009 | Allyn & Bacon | Electronic Book; 336 pages | Instock
ISBN-10: 0135041783 | ISBN-13: 9780135041789
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©2009 | Instock | Suggested retail price: $73.00 | Buy from myPearsonStore
This package contains: - Legal Rights of Teachers and Students, 2/E
Cambron-McCabe, McCarthy & Thomas | ©2009 | Allyn & Bacon | Paper; 336 pages - School Law: What Every Educator Should Know, A User-Friendly Guide, 1/E
Schimmel, Fischer & Stellman | ©2008 | Allyn & Bacon | Paper; 192 pages