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Hands-on, Practical Guidance for Educators

From math, literacy, equity, multilingual learners, and SEL, to assessment, school counseling, and education leadership, our books are research-based and authored by experts on topics most relevant to what educators are facing today.

 

The Legal Rights and Responsibilities of Teachers

Issues of Employment and Instruction

This easy-to-read book answers teachers’ legal questions regarding employment and instruction. Key topics include tenure, collective bargaining, academic freedom, copyright law, safety, and student bullying.

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Product Details
  • Grade Level: K-12
  • ISBN: 9781412975469
  • Published By: Corwin
  • Year: 2011
  • Page Count: 352
  • Publication date: May 29, 2012

Price: $51.95

Price: $51.95
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Description

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.

 


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
Author(s)

Author(s)

Allan G. Osborne, Jr. photo

Allan G. Osborne, Jr.

Biography Allan G. Osborne, Jr. is the retired principal of the Snug Harbor Community School in Quincy, Massachusetts, a nationally recognized Blue Ribbon School of Excellence. During his 34 years in public education, he served as a special education teacher, a director of special education, an assistant principal, and a principal. He has also served as an adjunct professor of special education and education law at several colleges, including Bridgewater State University and American International University.

Osborne earned an EdD in educational leadership from Boston College and an MEd in special education from Fitchburg State College (now Fitchburg State University) in Massachusetts. He received a BA in psychology from the University of Massachusetts.

Osborne has authored or coauthored numerous peer-reviewed journal articles, book chapters, monographs, and textbooks on legal issues in education, along with textbooks on other aspects of education. Although he writes and presents in several areas of educational law, he specializes in legal and policy issues in special education. He is the coauthor, with Charles J. Russo, of five texts published by Corwin, a SAGE company.

A past president of the Education Law Association (ELA), Osborne has been an attendee and presenter at most ELA conferences since 1991. He has also written a chapter now titled "Students With Disabilities" for the Yearbook of Education Law, published by ELA, since 1990. He is on the editorial advisory committee of West’s Education Law Reporter and is coeditor of the "Education Law Into Practice" section of that journal, which is sponsored by ELA. He is also on the editorial boards of several other education journals.

In recognition of his contributions to the field of education law, Osborne was presented with the McGhehey Award by ELA in 2008, the highest award given by the organization. He is also the recipient of the City of Quincy Human Rights Award, the Financial Executives Institute of Massachusetts Principals Award, the Junior Achievement of Massachusetts Principals Award, and several community service awards.

Charles J. Russo photo

Charles J. Russo

Charles J. Russo, JD, EdD, is the Joseph Panzer Chair in Education in the School of Education and Allied Professions and adjunct professor in the School of Law at the University of Dayton. He was the 1998–1999 president of the Education Law Association and 2002 recipient of its McGhehey (Achievement) Award. He has authored or coauthored more than 200 articles in peer-reviewed journals; has authored, coauthored, edited, or coedited 40 books; and has in excess of 800 publications. Russo also speaks extensively on issues in education law in the United States and abroad.

Along with having spoken in 33 states and 25 nations on 6 continents, Russo has taught summer courses in England, Spain, and Thailand; he also has served as a visiting professor at Queensland University of Technology in Brisbane and the University of Newcastle, Australia; the University of Sarajevo, Bosnia and Herzegovina; South East European University, Macedonia; the Potchefstroom Campus of North-West University in Potchefstroom, South Africa; the University of Malaya in Kuala Lumpur, Malaysia; and the University of São Paulo, Brazil. He regularly serves as a visiting professor at the Potchefstroom Campus of North-West University.

Before joining the faculty at the University of Dayton as professor and chair of the Department of Educational Administration in July 1996, Russo taught at the University of Kentucky in Lexington from August 1992 to July 1996 and at Fordham University in his native New York City from September 1989 to July 1992. He taught high school for 8½ years before and after graduation from law school. He received a BA (classical civilization) in 1972, a JD in 1983, and an EdD (educational administration and supervision) in 1989 from St. John’s University in New York City. He also received a master of divinity degree from the Seminary of the Immaculate Conception in Huntington, New York, in 1978, as well as a PhD Honoris Causa from the Potchefstroom Campus of North-West University, South Africa, in May 2004 for his contributions to the field of education law.

Table of Contents

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


Reviews

Reviews


Other Titles in: Legal Issues

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