Chapter 12 - Legal Considerations and Education



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INTRODUCTION

Legal Considerations and Education (Part 1)

( See this excellent article. "Although there have been numerous court rulings that affected education in the 20th century, there are a few Supreme Court cases that had far-reaching implications and continue to provide direction about how schools must be run to comport with federal law.

http://www.cbsnews.com/stories/2002/06/27/supremecourt/main513615.shtml

Federal Role in Education - Education is primarily a State and local responsibility in the United States. See much more

Federal Role in Education -

http://www.nasbe.org/Standard/9_Spring2002/jennings.pdf

State Role in Education -

http://www.osba.org/pubs/covered/chapter1/state.htm

Termination of Employment - Here are some typical policies

http://web.csisd.org/Teachers/EMPLOYEE_HANDBOOK/page12.htm

Tort Liability - A "tort" is an injury to another person or to property, which is compensable under the law. Categories of torts include negligence, gross negligence, and intentional wrongdoing. To give rise to a legal claim in tort, an act (or inaction) must satisfy four elements: 1.there must be a legal duty of care to another person; 2.there must be a breach of that duty; 3.the claimant must have suffered damages, and 4.the damages must have been proximately caused by the breach of duty.

Another site regarding tort liability - Great summary!!

http://education.atu.edu/people/swomack/Torts/sld001.htm

The Law and Students

Student Discipline - Loads of information

http://www.atpe.org/TeachersToolbag/studdisc.htm

The Law and State Issues

Church-State Relations - Tons of resources http://directory.google.com/Top/Society/Issues/Church-State_Relations/

Financing Education - http://eric.uoregon.edu/trends_issues/finance/index.html