Legal Rights of Teachers and Students

With the goals of providing an awareness of rights and responsibilities, motivating educators to translate basic concepts into actual practice, and generating an interest in further study of the law, this resource gives pre- and in-service educators a concise, informative, comprehensive look at the legal issues affecting their daily activities. Included is practical help for ensuring the legality of the complex decisions educators must make every day in such areas as religion, instruction, student expression, disabilities, discipline, teacher employment, Teachers’ Substantive Rights, termination, and tort liability; plus such as English Language Learners, bullying, sexual harassment, vouchers, digital copyright, and more.

Martha McCarthy is Presidential Professor at Loyola Marymount University and Chancellor’s Professor Emeritus at Indiana University where she teaches educational law and policy courses.  She has written numerous books and articles, and has made frequent presentations on various school law topics at educational leadership programs with faculty members.  She has served as President of the Education Law Association and the University Council for Educational Administration (UCEA), and Vice President for Division A of the American Educational Research Association. Among her accolades, she received the Roald Campbell Lifetime Achievement Award from UCEA.

Nelda Cambron-McCabe is Professor of Educational Leadership and Chair, Department of Educational Psychology at Miami University. Her teaching and research interests include public school law, leadership, and organizational learning. She has published extensively in these areas, including books and articles, as well as frequent presentations at conferences and to educators in the field. She has served as President of the Education Law Association and the American Education Finance Association, and has received a number of awards and honors for research and service contributions to education.

Suzanne Eckes is an associate professor at Indiana University where she teaches and researches about education law. A prolific author, she has written over 70 articles on school legal issues, is a co-author on Principals Teaching the Law (Corwin, 2010), and a  co-editor on the Principal's Legal Handbook (Education Law Association, in press) and School Discipline and Safety (Sage, in press). She has been invited to speak at several national and international venues about the legal rights of teachers and students, and has received several awards for her teaching and research accomplishments.

BRIEF TABLE OF CONTENTS

1.         Legal Framework of Public Education

2.         Tort Liability

3.         Church/State Relations

4.         Instructional Issues

5.         Student Expression, Association, and Appearance

6.         Student Classifications

7.         Rights of Students with Disabilities

8.         Student Discipline

9.         Terms and Conditions of Employment

10.       Teachers’ Substantive Constitutional Rights

11.       Discrimination in Employment

12.       Termination of Employment

13.       Summary of Legal Generalizations

Glossary

Selected Supreme Court Decisions

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