Education Law: How Teachers Can Protect Themselves From Liability (Teacher & Educational Reference Materials Book 4)
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Education Law: How Teachers Can Protect Themselves From Liability (Teacher & Educational Reference Materials Book 4)
Laws heavily influence the profession of teaching. The legal responsibility of teachers is a prime example of the relationship between teaching and the law.
The judicial and legislative processes have designed certain protections (and imposed additional duties) on teachers, based, in part, on the unique role they play in the education, care, discipline and social development of students.
Statutory and common law creates teacher liability.
•Statutory law originates in the federal and state legislatures.
•Common law develops through the judicial process.
Both statutory and common law, as they relate to teacher liability, change constantly.
As a result, there is no single law that teachers can review to understand their exposure to liability.
Rather, there is a growing body of law that teachers must learn if they are to protect themselves from someone who decides to sue a teacher.
Additionally, teachers should be aware of local ordinances and written policies.
Teachers face exposure to liability much greater than does the average citizen. This is because of the sheer number of daily encounters with situations involving students that, if handled improperly, could lead to liability.
Furthermore, because of the unique role of teachers, they must exercise a higher duty of care than do most professionals.
Nearly every day, teachers must deal with laws related to issues such as
•Child abuse •Student discipline •Negligence •Defamation •Student records and •Copyright infringement.
Ignorance of the law for teachers related to these issues, or failure to obey the mandates of the laws, can produce grave consequences.
Teacher liability is a complex topic. There is much for teachers to known about the laws related to their profession, as well as the potential liabilities for violating those laws.
This publication offers insights as to how liability can affect teachers in the course of performing their duties and how teachers can protect themselves from liability.
This concise publication provides important information about legal issues for teachers. It provides the answers to 21 revealing questions, including
•Aren’t teachers immune from liability? •What is a teacher’s duty of care regarding students? •Are teachers liable for educational malpractice? •Are teachers liable for defamation of a student? •Are teachers liable for excessive punishment? •Are teachers liable for violating confidentiality requirements? •Are teachers liable for violating the copyright law?
Ten instructive lists provide additional information about legal issues facing teachers, including
1.How Teachers Can Protect Themselves from Liability
2.Circumstances Typically Covered or not by Liability Insurance
3.Factors Considered in Determining Whether a Teacher has Acted with Due Care
4.Factors Considered in Determining Where a Teacher is Liable for Student Injury
5.Factors Considered in Determining Whether Discipline is Reasonable
6.Factors Considered in Determining Whether a Teacher is Liable for Defamation
7.Fair Use of Copyrighted Material
8.Exceptions to the Copyright Law
9.Key Features of the Buckley Amendment
10.Sources to Contact About Teacher Liability
If you’re searching for insightful information about the laws affecting teachers, purchase this e-book!