Several years ago, the Legislature adopted significant amendments to the basic conflict of interest statute for local elected officials, primarily in the area of financial thresholds, but also in the area of scope of enforcement. This is an important area of the law for board members and superintendents, so a current and thorough knowledge of the…

Nearly every legislative session in the last decade has changed state law in a way that requires school board members and superintendents to be more highly sensitized to conflict of interest issues, regardless of the size of their district. Prior state law simply forbade most opportunities for financial conflicts of interest, especially those…

This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…

A growing emphasis on teacher accountability, coupled with declining enrollments and reduced revenues, has increased the importance of teacher evaluations as a basis for staffing decisions, even though there is no clear definition of teacher effectiveness. Accordingly, legal standards are provided for the procedural and substantive issues of due…

This booklet presents information to help guide college and university administrators in properly (legally) handling those situations in which employees reveal evidence of fraud, abuse, or other illegal activity occurring within the school. Part I describes in general terms the whistleblower protection provisions found in various federal statutes…

Examines some of the legal and practical matters involved when school boards adopt a policy giving competitive bid preferences to state and local vendors and contractors by penalizing the bids submitted by nonresident firms. (MLF)

Presents the first in a multi-part series of procedures on risk management of child abuse in child care settings. This part suggests steps in collecting information and clarifying circumstances. (BB)

College administrators may use state and federal law and disciplinary policy to prevent selling and/or purchasing prefabricated term papers. The federal government may enjoin term-paper companies' activities involving use of the mails for fraudulent purposes. States may enjoin sale of term papers violating education or criminal codes. (MSE)

Discussion of a ruling allowing state agencies to deny new educational loans to students with previous loans discharged in bankruptcy looks at the intent behind the Bankruptcy Code, specifically concerning the nature of educational loans and the "fresh start" policy. Potential conflicts between the state and federal statute is also…

The U.S. Supreme Court decision that it is unconstitutional for public entities to ban specific kinds of "fighting words" without banning all such speech is discussed as it concerns institutions of higher education. It is viewed that the college campus, not the cities, is where this decision will be tested. (GLR)

Current national concern about increasing numbers of latchkey children has been addressed by policy initiatives at the federal, state, and local levels. Educators in many communities are examining what schools can do for children when classes are not in session and parents and other caregivers are unavailable. This manual confronts the legal…

Litigation concerning wrongful discharge of faculty will increase, but considerable legal variation among the states will persist. The biggest distinction between states will concern tort damage awards, and the net result will be the creation of new policies for employee rights. Employment-at-will doctrine will be affected in most states. (MSE)

Summarizes federal regulations concerning academic advising, including defamation, negligence, privacy, disabilities, civil rights, duty to report crimes, and privilege. Relevant state laws, interpretations, hypothetical situations, and the possible institutional and personal penalties, both civil and criminal, of not following current laws are…

Describes the nature and availability of proceedings under the North Carolina Juvenile Code and points out the relevance of some code provisions to school personnel. Reports that most states follow the same basic procedures and that certain difficult issues in juvenile law are present in all states. (MLF)

The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no…