Nathan L. Essex - The 200 Most Frequently Asked Legal Questions for Educators

This book is dedicated to my wife, Lorene, and my children,
Kimberly, Jarvis, and Nathalie. They have and continue to be my inspiration
and my greatest fans. To each of them, I am eternally grateful.

Copyright 2009 by Corwin

First Skyhorse Publishing edition 2012

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Library of Congress Cataloging-in-Publication Data is available on file.

ISBN: 978-1-61608-700-5

eISBN: 978-1-62087-520-9

Printed in the United States of America

Contents

T eachers face enormous legal challenges as they attempt to execute their legal duties of providing instruction, supervision, and a safe environment for students under their care. To properly fulfill these important duties, teachers must be aware of the legal forces that affect them on a daily basis. Teachers must also possess the necessary legal knowledge that will allow them to make legally sound decisions as they attempt to operate within the boundaries of the U.S. Constitution, federal and state laws, and school district policy.

The goal of this book is to provide a comprehensive set of carefully crafted legal questions and responses that will provide invaluable information to assist teachers in performing their duties effectively while minimizing their exposure to legal challenges. The information contained in this book is designed to be used by preservice teachers, inservice teachers, educators, and policymakers as a means of familiarizing them with basic aspects of law that impact them daily. Familiarity with aspects of law will lessen their anxiety and provide clarity regarding practices that are legally defensible and those that are not. In all cases, teachers and other professional educators should consult their school district policies for the specific application of law to their particular duties and responsibilities.

This text is not intended to provide legal advice but rather to present a wide range of legal topics in question-and-answer format based on the U.S. Constitution, federal statutes, and court decisions. The text is intended as a general guide regarding legal issues. While the information is deemed accurate at the time of publication, it does not constitute specific legal advice for teachers. These questions and answers are intended to provide guidance and direction for teachers and policymakers as they perform their professional duties.

One salient feature of this book is the inclusion of carefully selected tables that amplify and reinforce concepts covered in various chapters. Additionally, chapter guides are included that summarize key concepts discussed in each chapter. The text is written in a very simple and practical format free of legal jargon. It provides for easy reading and a direct response to legal questions raised throughout the book. Legal citations are provided to support various topics discussed, thereby allowing the reader to readily identify the legal source of authority related to specific topics. This text does not cover all issues regarding school law, but it does address legal issues that should be most pertinent to preservice teachers, inservice teachers, and professional educators. Finally, the text concludes with a resources section that includes selected amendments to the U.S. Constitution as well as annotated federal statutes that provide additional background information to assist teachers in understanding the relevance of the legal framework to the daily operation of their schools. A compilation of professional associations for teachers is included. A glossary of relevant terms is also provided to reinforce an understanding of concepts discussed in the text.

Although this text includes a range of legal questions and issues confronting teachers, some issues facing teachers may not have been presently addressed by the courts. However, the book does provide practical and useful information that will enable teachers to perform their important duties more effectively as they provide an optimal learning environment for students.

M y sincere appreciation is expressed to my assistant, Carol Brown, for her diligence, passion, and technical expertise that enabled me to prepare this text. Her support and encouragement far exceeded my expectations.

I express gratitude to the following reviewers who provided their expertise and constructive suggestions that contributed to a more complete text:

Kermit Buckner, Professor

Department of Educational Leadership

East Carolina University

Greenville, NC

Paul Englesberg, Professor

Richard W. Riley College of Education and Leadership

Walden University

Minneapolis, MN

David Freitas, Professor of Education

Indiana University South Bend

South Bend, IN

Lisa Graham, Special Education Program Specialist

Vallejo City Unified School District

Vallejo, CA

Dolores M. Gribouski

Manager of Student Support Services and Alternative Programs

Worcester Public Schools

Worcester, MA

Carol S. Holzberg, Technology Coordinator

Greenfield Public Schools

Greenfield, MA

Sharon M. Redfern, Elementary Principal

Highland Park Elementary School

Lewistown, MT

Rose Reissman, Law Consultant

Law, Education, and Peace for Kids

Philadelphia, PA

Nathan L. Essex is professor of Educational Law and Leadership at the University of Memphis and president of Southwest Tennessee Community College. He received a BS degree in English at Alabama A&M University, an MS degree in Educational Administration at Jacksonville State University, and his PhD in Administration and Planning at The University of Alabama.