Teacher's Pocket Guide to School Law, A

Teacher's Pocket Guide to School Law, A, 3rd edition

  • Nathan L. Essex

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Overview

A Teacher's Pocket Guide to School Law provides vital information on historical and contemporary legal issues affecting the administration of schools in the US. Through relevant case law rulings, charts, and tables and practice exercises, you'll learn how to apply specific legal knowledge to actual school situations.

Published by Pearson (July 14th 2021) - Copyright © 2015

ISBN-13: 9780137558919

Subject: Educational Leadership

Category: Education Policy

Table of contents

List of Cases
Preface
About the Author
Introduction

1. Control of Public Schools
State and Local Control of Education
State Board of Education
Local Control of Public Schools
Discretionary Powers
School Administrator's Role
Teachers as Employees of Local School Boards
School District Rules and Regulations
School Board Meetings
Guides: Control of Public Schools
Practical Tips
Endnotes

2. Instruction and Curriculum Standards
Academic Issues
Curriculum Standards
No Child Left Behind Act of
Public School Choice
Putting Reading First
Summary and Implications
NCLB Subgroups
Federal Data Requirements for Report Cards Under No Child Left Behind
Vouchers Charter Schools
Guides: Instructional Program
Intellectual Property and Fair Use
Copying Computer Software
Grading and Academic Requirements
Student Testing
Grading
Grade Reduction for Absences
Grade Reduction for Unexcused Absences
Grade Reduction for Academic Misconduct
Physical Punishment for Poor Academic Performance
Guides: Grading and Academic Requirements
Educational Malpractice
Guides: Educational Malpractice
Practical Tips
Endnotes

3. Religion and Public Schools
Prayer, Bible Reading, and Religious Symbols
School-Sponsored Prayer
Silent Prayer and Meditation
Prayer at School Events
School-Sponsored Bible Reading
Religious Symbols
Religious Displays
Ten Commandments
Prayer at School Board Meetings
Guides: Prayer and Bible Use in School
Religious Activities and Holiday Programs
Distribution of Religious Materials
Pledge of Allegiance
Guides: Religious Activities
Practical Tips
Endnotes

4. Students, the Law, and Public Schools
Freedom of Expression
The Tinker Case
Viewpoint Discrimination
Guides: Freedom of Expression
Protests and Demonstrations
Guides: Protests and Demonstrations
School-Sponsored Newspapers
Guides: Student Newspapers
Censorship
Guides: Censorship
Dress and Appearance
Health and Safety Issues
Controversial Slogans
Guides: Dress and Appearance
Search and Seizure
Reasonable Suspicion
Student Desks
Student Lockers
Book Bags
Automobiles
Personal Searches
Use of Canines
Guides: Search and Seizure
Use of Cell Phones
Guides: Cell Phones
Corporal Punishment
Reasonable Punishment
Minimal Due Process
Excessive Punishment
Guides: Corporal Punishment
Classroom Harassment
The U.S. Supreme Court's Decision Regarding Sexual Harassment
Guides: Classroom Harassment
Reporting Suspected Child Abuse and Neglect Occurring at Home
Pregnant Students
Married Students
Guides: Pregnant and Married Students
Practical Tips
Endnotes

5. Due Process and Student Safety
Creating Safe Schools
Gangs and Dress
Guides: Gangs and Dress
School Uniform Dress Policies and Students' Rights to Freedom of Expression
Early Legal Challenges
Guides: Uniforms
Zero Tolerance and School Safety
Recent Zero Tolerance Practices
Guides: Zero Tolerance
Bullying in Public Schools
Cyberbullying
Megan Meier Cyberbullying Prevention Act
Guides: Bullying
School Suspension
Discipline Involving Minority Students
Racial Disparities in Policy Enforcement
Guides: School Suspension
Procedural and Substantive Due Process
Expulsion
Guides: Expulsion
Metal Detectors
Guides: Metal Detectors
Drug Testing
Alcohol Use and Breathalyzers
Guides: Drugs and Alcohol Testing
Practical Tips
Endnotes

6. Liability and Student Records
Sanctions for Violating Family Privacy Rights
Rights of Parents
Rights of Noncustodial Parents
Rights of Eligible Students
Rights of School Personnel
Enforcement of State and Federal Statutes
Family Education Rights and Privacy Act
Significant U.S. Supreme Court Ruling
Defamation by School Personnel
Slander
Libel
Privilege
Good Faith
Acts of Malice
Confidentiality Issues Involving School Counselors
Guides: Liability and Student Records
Practical Tips
Endnotes

7. Individuals with Disabilities
Individuals with Disabilities Education Improvement Act of (IDEIA)
Mandatory Requirements
Functional Exclusion of Children with Disabilities
Interpretation and Identification of Children with Disabilities
Response to Intervention
Individualized Education Program (IEP) Requirement No Child Left Behind
Least Restrictive Environment
Equal Access to Assistive Technology for Students with Disabilities
Program Review and Changes
Education-Related Service Requirement
Inclusion of Children with Disabilities
Attention Deficit Hyperactivity Disorder and Federal Protection
Disciplining Students with Disabilities
Expulsion
Suspension
Rehabilitation Act of , Section
Guides: Students with Disabilities
Practical Tips
Endnotes

8. The Teacher and School Liability
The School as a Safe Place
Liability of School Personnel
Individual Liability
Vicarious Liability
Foreseeability
Nuisance
Intentional Torts
Mental Distress
False Imprisonment
Trespassing on Personal Property
Unintentional Torts
Standard of Care
Breach of Duty
Proximity, or Legal Cause
Injury
Defenses Against Negligence
Contributory Negligence
Assumption of Risk
Comparative Negligence
Immunity
Liability Costs
Duties of Supervision
Supervision Before and After School
Field Trips
Parental Consent and Written Waivers
Parent Chaperones and Liability
Guides: School Liability
Practical Tips
Endnotes

9. Discrimination in Employment
Title VII: Discrimination
Sexual Discrimination
The Rehabilitation act of and the Americans with Disabilities Act of
Qualifications for Employment
Scope of Protection - Section and the ADA
Guides: Americans with Disabilities
Racial Discrimination
Religious Discrimination
Age Discrimination
HIV Positive Teachers in Public Schools
Schools and Transgender Teachers
Pregnancy and Public School Employment
Family and Medical Leave Act
Guides: Discrimination
Sexual Harassment
Sexual Harassment of Students by School Personnel
Guides: Sexual Harassment
Practical Tips
Endnotes

10. Teacher Freedoms
Substantive and Procedural Considerations
Freedom of Expression
Speech Outside the School Environment
Teacher Use of Facebook and Other Social Media
Academic Freedom
Freedom of Association
Political Rights
Dress and Grooming
Right to Privacy
Guides: Teacher Freedoms
Religious Freedoms
Use of Religious Garb by School Personnel
Title VII: Religious Discrimination
Guides: Title VII: Religious Discrimination
Practical Tips
Endnotes

11. Tenure, Dismissal, and Collective Negotiations
Tenure
Acquisition of Tenure
Nonrenewal
Guides: Tenure
Teacher Evaluation
Guides: Teacher Evaluation
Financial Exigency (Elimination of Positions)
Guides: Financial Exigency
Dismissal for Cause
Incompetency
Insubordination
Neglect of Duty
Immorality
Teachers and Ethical Behavior
Conduct Involving Morality
Sexual Advances Toward Students
Guides: Dismissal for Cause
Good or Just Cause
Guides: Good or Just Cause
Collective Bargaining
Private Sector Versus Public Sector Bargaining
State Involvement
Scope of Collective Bargaining
Impasse and Bargaining
Workers' Compensation
Guides: Collective Bargaining
Practical Tips
Endnotes

APPENDIX A Constitution of the United States
APPENDIX B Summary of Relevant Federal Statutes
Glossary of Relevant Legal Terms
Index

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