Two new American Bar Association rules can help school executives determine whether to use the board's attorney or hire their own private attorney. Various situations are cited to show the advisability of choosing one over the other. (KS)

Eighteen suggestions for reducing or even preventing grievance arbitration costs are detailed under negotiating the contract, administering the contract, and preparing for arbitration categories. (KS)

Higher education administrators planning for retrenchment should follow these guidelines: document the financial circumstances justifying retrenchment; devise a long-range financial plan; identify how and by whom retrenchment decisions are made; and know both the interests of and procedural protections available to faculty, staff, and other…

This newsletter defines common law negligence, discusses recent trends in common law negligence, cites litigation, and establishes guidelines to assist school administrators in the avoidance of such tort action. The success or failure of a negligence suit most commonly turns on one of three factors: duty, breach of that duty, and proximate cause…

Offers administrative directives, including visitor identification and student release policies and a specific release procedure, for preventing and dealing with problems related to child snatching by spouses or former spouses. (KS)

Solutions to concern over computer software copyright infringement include seeking a licensing agreement with the software publisher or negotiating with a supplier for discounts on multiple copies of a program. The best sourcebook for guidance is "Software Quality and Copyright: Issues in Computer-Assisted Instruction," by Virginia Helm. (DCS)

Discusses the debate over proper balance between a school board's authority to prescribe a uniform curriculum and parent's First Amendment right to free exercise of religion, citing a recent Tennessee case which determined that uniform use of objectionable texts is not crucial for a sound education. (WTH)

Information is provided about the legal developments affecting the educational rights of homeless students that were made by the McKinney Homeless Assistance Amendments Act of 1990 (P.L. 101-645). Presented in three parts, Part 1 gives an overview of some of the problems that keep homeless children from attending school or hindering their…

Two recent Supreme Court decisions have a major effect on special education litigation. The first requires schools to provide "related services" of a paramedical nature to handicapped children; the second limits school board liability for attorney's fees in successful special education lawsuits. (TE)

Twelve years have elapsed since Public Law 94-142, the Education for All Handicapped Children Act (EAHCA), was passed by Congress. This paper accordingly reviews the far-reaching effects of EAHCA on the educational enterprise, focusing on the legal, administrative, and instructional challenges of disciplining handicapped students in a…

Law review and journal articles on sexual harassment in higher education are presented along with policies and procedures from selected universities and organizations, guidance on drafting policies, and a selected bibliography. The following law review and journal articles are presented: "Recent Legal Developments in Sexual Harassment"…

This description of the development of a discipline policy at the Downers Grove (Illinois) Public Library recounts discipline problems, the process of creating the policy, and its effects. The text of the rules of behavior and a sample page from the procedures manual, which provides practical guidelines for enforcement, are included. (MES)

School personnel need to know legal obligations to report criminal activity observed while performing their duties. This article analyzes civic responsibility and discusses specific North Carolina statutory and common law provisions applying to teachers, principals, and other school staff in certain circumstances. Some violations may be handled…

Teacher malpractice, defined as instructional incompetency, or failure to exercise reasonable guidance, counseling, and instructional supervision, is a critical problem. This article reviews recent court decisions favoring school districts. Principals, as instructional leaders, are cautioned about incompetent teachers and inappropriate testing,…

Various legal methods, such as copyright, trade secret, and patent law, protect proprietary rights in computer software. Users of this software must respect these rights or face infringement lawsuits. (TE)