Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…

The article examines the ethics and case law associated with the "works for hire" principle concerning institutional or researcher ownership of research data. Institutions are encouraged to clearly state their policies regarding ownership of data. Guidelines for such a policy are presented. (Author/DB)

The purpose of this paper is to review the literature regarding some of the past practices of discipline and to explore the changes in discipline that have been made in our schools, the alternatives that have resulted, and a specific approach--in-school suspension--that has taken root in contemporary education as a result of this change. A review…

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…

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)

The manual is intended to provide technical assistance to South Carolina local education agencies (LEAs)in regard to provision of catheterization services to students with disabilities in the school system. The first section defines catheterization and briefly discusses the basic need for this specialized health care service. Recent relevant…

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"…

The role of lawyers representing colleges on Title IV (Higher Education Act) student aid issues is to prevent, identify, correct, negotiate, resolve, or litigate regulatory problems confronting participating colleges. These functions also extend to problems arising before the existence of accrediting agencies, state licensing bodies, guaranty…

The monograph is intended to help school psychologists understand the special procedures, techniques, and considerations necessary for providing effective courtroom interventions, specifically expert testimony and written reports. Beginning with an explanation of lay and expert witnesses, the monograph goes on to stress the importance of pretrial…

School administrators must become familiar with tort liability laws in order to protect themselves against possible negligence or defamation suits. (LH)

Educational policy makers and administrators must choose from a bewildering variety of discipline models and techniques. Legal intervention and contradictory research findings further complicate the matter. There is, therefore, no cut-and-dried solution to student behavior problems. Rather, discipline policies must be based on community values,…

This document is a general guide to assist counselors in conducting their practice in a legal and ethical manner. It outlines broad legal pitfalls that could trap unwary or uninformed counseling professionals. After an introduction to the counseling profession, the second chapter provides an overview of the law and ethics. The third chapter deals…

Court cases are presented that illustrate some of the issues that courts have dealt with in the area of educational testing. While this study was developed primarily for parents, the booklet should also help school administrators and testing professionals learn about court cases and precedents relevant to some major issues in educational testing.…