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It is no secret school systems and teachers have become the
source of countless legal claims in recent years. In fact,
the most dangerous time in a teacher's life is not in the
classroom, but while on yard duty or supervision. So all educators
should review these sites to refresh their knowledge about
the law; they should also check with their union.
What is the Loco Parentis Doctrine?
This doctrine is the cornerstone of educators' legal rights,
and it means "in the place of parents." In other
words, an educator has the right to act as a parent (in the
absence of the parent) while the student is in school. In
reality, the doctrine is limited for school authorities since
parents are not required to provide procedural due process
before initiating discipline. However, rules should not be
contrary to the basic wishes of parents. Although courts fully
realize the responsibility of the school system to establish
proper educational settings, one must remember school board
members are elected to represent their constituents (parents)
of a given political jurisdiction.
The following resources cover a number of the legal issues
for educators. In addition, some offer guidance in understanding
why teachers might not be eligible for full Social Security
benefits, making it vital for teachers to have a good retirement
plan. Also, remember that Horace Mann offers coverage for
assault cases.
Copyright law and the Internet
The
Educator's Guide to Copyright and Fair Use
A
Guide for Educators - Filtering - Individual Rights
The Internet and the law -- a list of good sites and nice
reviews of legislation
K-12
Copyright Law Primer for Educators
[ Top of page ]
General Education Law
California
Education Law Report
Site has great thumbnail reports on the law in many areas
- a must-read for newer teachers.
Educator Employer Liability Coverage
Educational
Malpractice in the USA
General
Education Law Questions
This site has many quick answers to a wide array of questions.
They include dress codes, home schooling, athletics, drugs,
rights of teachers and more.
Guide
to Education Law
A large link site featuring both state and national cases
Historic
Supreme Court Cases
These deal with education.
Legal
Resources
Special and gifted education legal resources
No Educator Left Behind: Teachers’ Rights
Protecting
Yourself
Site quickly explains many areas of concern for teachers.
And, in case you didn't know: don't handle money, touch students,
write notes to students, joke with students, be alone with
students . . . in other words, read this.
Regular
Education Teachers' Rights in Special Education
Teachers and the Law in Australia
Teachers’ Rights, Responsibilities and Legal Liabilities in Canada
Teachers’ Legal Rights and Responsibilities in the United Kingdom
What
is the law under NCLB?
Wright's
Law
Although this is a commercial site, it has some great insights
on special education and recent legal decisions.
[ Top of page ]
Social Security, IRS
and teachers
FAQs
regarding Schools and Teachers
These questions are about paying coaches, but if you use the
search engine and type in teacher or educator, data comes
out about keeping records and what is deductible.
NEA
- Social Security
[ Top of page ]
Teacher liability and
the Individuals with Disabilities Education Act
Rights
and Responsibilities of Parents of Children with Disabilities
Risk
Management and a Teacher's Obligation under IDEA
Teacher
Liability Protection Act
From the National School Board Association -- See where your
liabilities are.
Your
Rights and Responsibilities under IDEA
This covers parents' rights under the Individuals with Disabilities
Education Act.
Educators must know these, too. Remember an educator is not
automatically protected from civil liability for their actions.
[ Top of page ]
Teaching religion and
tolerance in the classroom
Religion
in the Public Schools
A
Teacher's Guide to Religion in the Public Schools
[ Top of page ]
Union support
Every union member has access to free legal advice in most
cases. Check these sites for more details:
Teacher
Unions and Parent Involvement
Viable
Unions Depend on You
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