Todd A. DeMitchell

Do American professional public school teachers have the same rights to a private life as other citizens? This is an astute and incisive analysis of every teacher’s dual life – as responsible exemplars to society’s youth and as their own professional and private selves. Using historical and legal analysis to capture the tension between these two guises, it explores the balance between the weight of expectation from teachers’ communities on one hand and the need for autonomy in professional environments on the other. A Teacher’s Private Life explores some of the core questions that surround this debate: what kind of out-of-school behaviour should constitute dismissal, and what should be protected? To what extent should teachers serve as role models adhering to the values of the community in which they work? How does the special position of trust and responsibility enjoyed by teachers weigh up against their liberty to fashion a life for themselves? Should their private lives be subject to greater scrutiny than those in other professions? This is an enlightening guide for education and legal scholars, local and state level policymakers, community leaders on how the legal framework around these core issues has emerged and evolved over time.

Do American professional public school teachers have the same rights to a private life as other citizens? This is an astute and incisive analysis of every teacher’s dual life – as responsible exemplars to society’s youth and as their own professional and private selves. Using historical and legal analysis to capture the tension between these two guises, it explores the balance between the weight of expectation from teachers’ communities on one hand and the need for autonomy in professional environments on the other. A Teacher's Right to a Private Life explores some of the core questions that surround this debate: what kind of out-of-school behaviour should constitute dismissal, and what should be protected? To what extent should teachers serve as role models adhering to the values of the community in which they work? How does the special position of trust and responsibility enjoyed by teachers weigh up against their liberty to fashion a life for themselves? Should their private lives be subject to greater scrutiny than those in other professions?This is an enlightening guide for education and legal scholars, local and state level policymakers and community leaders on how the legal framework around these core issues has emerged and evolved over time.

Since the 1960s, school rules and regulations concerning apparel and hair have been the subject of litigation in the federal courts. Most of this litigation involves students’ assertions that their clothing and hairstyle choices are forms of expression that are protected by the First Amendment. In some cases, students have argued that school dress and grooming codes discriminate against them based on their gender or their racial or ethnic identity. I Got Dress Coded explores court cases, policies, and research on student appearance and dress codes. The impact of Constitutional protections of student speech on sexual orientation, politics, weapons, drugs, and alcohol are explored as well as restrictions targeting female students and prohibitions on student appearance that reflects a student’s racial and ethnic heritage.

Since the 1960s, school rules and regulations concerning apparel and hair have been the subject of litigation in the federal courts. Most of this litigation involves students’ assertions that their clothing and hairstyle choices are forms of expression that are protected by the First Amendment. In some cases, students have argued that school dress and grooming codes discriminate against them based on their gender or their racial or ethnic identity. I Got Dress Coded explores court cases, policies, and research on student appearance and dress codes. The impact of Constitutional protections of student speech on sexual orientation, politics, weapons, drugs, and alcohol are explored as well as restrictions targeting female students and prohibitions on student appearance that reflects a student’s racial and ethnic heritage.

Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected. In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century.The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.

Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected. In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century.The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.

Teachers and Their Unions: Labor Relations in Uncertain Times explores the decade of uncertainty in public education following the Great Recession by first laying a foundation that describes the development of teachers and public education and the rise of teacher unions. The selection of the industrial labor model at the outset of public sector collective bargaining set the table for challenges to its fit with education. The theme of teacher as member of a union and teacher as a professional is explored within the context of a collective bargaining environment. The section “Law and Politics in Uncertain Times: Retrenchment and Assault” explores the decade of uncertainty. It reviews the industrial union model and within the twin challenges of the conundrum of teacher as union member and professional in the struggles of the decade. Tenure (boondoggle or necessary protection), VAM (rank and yank), right-to-work, agency fees, and teacher strikes are explored within the themes of the industrial union model and the tension of union member and professional. The book concludes with thoughts for the future and responds to the question of whether teacher unions are still pertinent.

Teachers and Their Unions: Labor Relations in Uncertain Times explores the decade of uncertainty in public education following the Great Recession by first laying a foundation that describes the development of teachers and public education and the rise of teacher unions. The selection of the industrial labor model at the outset of public sector collective bargaining set the table for challenges to its fit with education. The theme of teacher as member of a union and teacher as a professional is explored within the context of a collective bargaining environment. The section “Law and Politics in Uncertain Times: Retrenchment and Assault” explores the decade of uncertainty. It reviews the industrial union model and within the twin challenges of the conundrum of teacher as union member and professional in the struggles of the decade. Tenure (boondoggle or necessary protection), VAM (rank and yank), right-to-work, agency fees, and teacher strikes are explored within the themes of the industrial union model and the tension of union member and professional. The book concludes with thoughts for the future and responds to the question of whether teacher unions are still pertinent.

Teachers stand at the intersection of educational goals, directing students down the road to success or to the byways of diminished opportunities. They are the most important school variable effecting student achievement. Consequently, placing and retaining only qualified and effective teachers in our nation’s classrooms is a critical responsibility of school leaders. Effective supervision and evaluation requires that the school leader possess the knowledge of effective instruction, exhibit skills in documentation of professional conduct, and embrace a professional approach with the will to place and keep students at the center of school policy and practice decisions. Supervising and evaluating teachers is a difficult, but essential work. Research shows that time and expertise are necessary to effectively supervise and to build a case for adverse employment decisions, when necessary. Threading the Evaluation Needle: The Documentation of Teacher Unprofessional Conduct addresses the legal and professional knowledge that structures discipline and dismissal in the public schools. The authors, based on their educational, legal, and research experience, provide templates for various types of documentation necessary to effectively build a case for discipline. This book seeks to give principals the tools and knowledge to institute in good faith a fair and accurate documentation system.

Teachers stand at the intersection of educational goals, directing students down the road to success or to the byways of diminished opportunities. They are the most important school variable effecting student achievement. Consequently, placing and retaining only qualified and effective teachers in our nation’s classrooms is a critical responsibility of school leaders. Effective supervision and evaluation requires that the school leader possess the knowledge of effective instruction, exhibit skills in documentation of professional conduct, and embrace a professional approach with the will to place and keep students at the center of school policy and practice decisions. Supervising and evaluating teachers is a difficult, but essential work. Research shows that time and expertise are necessary to effectively supervise and to build a case for adverse employment decisions, when necessary. Threading the Evaluation Needle: The Documentation of Teacher Unprofessional Conduct addresses the legal and professional knowledge that structures discipline and dismissal in the public schools. The authors, based on their educational, legal, and research experience, provide templates for various types of documentation necessary to effectively build a case for discipline. This book seeks to give principals the tools and knowledge to institute in good faith a fair and accurate documentation system.

Educators at the Bargaining Table provides a roadmap for understanding the path of bargaining for those who have not sat at the table. For those beginning bargainers and experienced at the ebb and flow of table talk, this book provides signposts and practical applications for bargaining. There is something for all educators, teachers and administrators, early career and experienced educators to learn and apply from this book.

Educators at the Bargaining Table provides a roadmap for understanding the path of bargaining for those who have not sat at the table. For those beginning bargainers and experienced at the ebb and flow of table talk, this book provides signposts and practical applications for bargaining. There is something for all educators, teachers and administrators, early career and experienced educators to learn and apply from this book.

School uniform polices, often associated with private schools, are increasingly being adopted in public schools; but not without controversy. The often asserted reasons for mandating uniforms include improved student behavior, better attendance, less competition over clothing, and improved student learning because students would not be distracted by who was wearing what and could focus on their studies. Wishful thinking or empirically tested hypotheses? However, opponents assert that a mandated uniform seeks to homogenize the students, violates their free speech rights, and does not solve the problems the policy is intended to remedy. The Challenges of Mandating School Uniforms in the Public Schools: Free Speech, Research, and Policy explores the policy rationale, the constitutional rights of students, and the research on the impact of school uniforms. Educators, parents, and policymakers will find this book and its companion, Student Dress Codes and the First Amendment: Legal Challenges and Policy Issues, a must read when considering student attire issues.

Students’ early morning decisions about what to wear to school have led many school districts into legal issues and policy challenges. Confederate belt buckles, exposed bellies, sagging pants, political statements, and social commentary have all been banned from schools, and these bans have often resulted in litigation by students who claim their constitutional right to free speech has been violated. Student Dress Codes and the First Amendment: Legal Challenges and Policy Issues explores the legal issues that arise when a school prohibits various types of student attire. Through an analysis of major Supreme and federal court cases, this volume examines conflicts that arise when administrators juggle a student’s right to free speech with the need to maintain an environment conducive to learning.

Students’ early morning decisions about what to wear to school have led many school districts into legal issues and policy challenges. Confederate belt buckles, exposed bellies, sagging pants, political statements, and social commentary have all been banned from schools, and these bans have often resulted in litigation by students who claim their constitutional right to free speech has been violated. Student Dress Codes and the First Amendment: Legal Challenges and Policy Issues explores the legal issues that arise when a school prohibits various types of student attire. Through an analysis of major Supreme and federal court cases, this volume examines conflicts that arise when administrators juggle a student’s right to free speech with the need to maintain an environment conducive to learning.

Collective bargaining in the public schools of the nation has its legal roots in the industrial labor model fashioned in the 1930s out of labor strife between union organizers and private businesses. This industrial union labor model was transplanted almost wholesale into the public sector over fifty years ago when teachers, fire and police personnel were granted the legislative right to collectively bargain their wages, benefits, and terms and conditions of employment in most states. What impact has this industrial model had on public education and on the relationship between teachers and administrators? Labor Relations in Education explores unions and collective bargaining in the public schools of America. The history of the laws, the politics of the response to collective bargaining and unions, and the practices of bargaining and managing a contract are explored in this volume. Changes that may move labor relations into professional relations and away from the industrial labor union model and diminish the schism that exists between educators are discussed. A fully developed simulation is included to employ the practices and concepts discussed in the book.

Collective bargaining in the public schools of the nation has its legal roots in the industrial labor model fashioned in the 1930s out of labor strife between union organizers and private businesses. This industrial union labor model was transplanted almost wholesale into the public sector over fifty years ago when teachers, fire and police personnel were granted the legislative right to collectively bargain their wages, benefits, and terms and conditions of employment in most states. What impact has this industrial model had on public education and on the relationship between teachers and administrators? Labor Relations in Education explores unions and collective bargaining in the public schools of America. The history of the laws, the politics of the response to collective bargaining and unions, and the practices of bargaining and managing a contract are explored in this volume. Changes that may move labor relations into professional relations and away from the industrial labor union model and diminish the schism that exists between educators are discussed. A fully developed simulation is included to employ the practices and concepts discussed in the book.

A science teacher forgets to remind her students to wear their safety goggles during a chemistry experiment and one student is injured when the caustic chemical he is working with splashes into his eyes. A teacher is late for recess duty and a student falls from the swings and is injured. A principal sends one teacher and one student teacher on a field trip with sixty-five students to the seashore when two students slip away and drown. Are these educators liable for the injuries and the deaths of these students? Principals must know the law of negligence and apply its theory in order to successfully lead today's schools. Negligence: What Principals Need to Know About Avoiding Liability provides case studies, legal analyses, and practical applications that will help principals achieve effective leadership. This book an excellent primer on the tort of negligence and what steps can be taken to reduce injuries and avoid liability. Written in a readable format, it is a must-read for experienced, beginning, and aspiring principals.