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Legal Rights of Teachers and Students, CourseSmart eTextbook, 2nd Edition

By Nelda H. Cambron-McCabe, Martha M. McCarthy, Stephen B. Thomas

Published by Pearson

Published Date: Dec 1, 2008

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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.

Table of Contents

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




2                   Tort Liability


Negligence                         Duty



                                    Maintenance of Buildings, Grounds, and Equipment

                                    Duty to Warn

                        Breach of Duty/Standard of Care

                                    Reasonable Person

                                    Invitee, Licensee, and Trespasser

                        Proximate Cause


                        Defenses Against Negligence

                                    Governmental Immunity

                                    Contributory Negligence

                                    Comparative Negligence

                                    Assumption of Risk

Intentional Torts

                        Assault and Battery

                        False Imprisonment

                        Intentional Infliction of Mental Distress


                        Private and Public Persons

                        Veracity of Statements

                        Fact versus Opinion




            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



      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


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



               Dress Codes

                                 Student Uniforms


         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


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


                        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


                        Psychological Services

                        Health and Nursing Services

Extended School Year

Participation in Sports




Procedural Safeguards


Points to Ponder


8                   Student Discipline


Conduct Regulations

Expulsions and Suspensions


                        Procedural Requirements

                        Zero-Tolerance Policies


Corporal Punishment

            Constitutional Issues

            State Law

Academic Sanctions



Search and Seizure

            Application of the Fourth Amendment to Students



            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


Points to Ponder


9                   Terms and Conditions of Employment



Employment by Local School Boards

            Employment Requirements

            Assignment of Personnel and Duties


            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


            Negotiation Impasse


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


            Points to Ponder


11       Discrimination in Employment


Legal Context

                        Fourteenth Amendment

                        Title VII

                                    Disparate Treatment and Impact



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


                                    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



Disability Discrimination

                        Qualifying as Disabled

                        Otherwise Qualified

                        Reasonable Accommodation

                        Termination and Nonrenewal


            Points to Ponder


12     Termination of Employment



Procedural Due Process in General



                  Establishing Protected Property and Libery Interests

                              Property Interest

                              Liberty Interest

      Procedural Requirements in Discharge Proceedings



                              Adequate Notice of Hearing

                              Waiver of Hearing

                              Impartial Hearing


      Dismissal of Cause




                  Unprofessional Conduct

                  Neglect of Duty

                  Other Good and Just Cause


      Remedies for Violations of Protected Rights

                  Liability of School Officials

                  Liability of School Districts




                              Attorneys’ Fees


      Points to Ponder



13 Summary of Legal Generalizations








Selected Supreme Court Decisions










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Legal Rights of Teachers and Students, CourseSmart eTextbook, 2nd Edition
Format: Safari Book

$43.20 | ISBN-13: 978-0-13-504178-9