Due to increasing numbers of lawsuits, educators need protection against financial liability to persons claiming injury on school property or in school-related activities. This legal memorandum describes needed protections, discusses the National Association of Secondary School Principals' (NASSP) role in developing liability insurance, and…

This Research in Brief report addresses the problem of dealing effectively with the crime of child sexual abuse. It is noted that child sexual abuse often goes unreported and unprosecuted. Problems faced and posed by child victims on the criminal justice system are reviewed. Legislative revisions, local reforms, and new techniques to alleviate…

Child abuse is an issue of growing public concern. Seven questions and answers are presented pertaining to the legal risks and responsibilities of school personnel in reporting cases of child abuse. (TE)

Cites the importance of having a state law, knowing what it says, and having a library policy statement regarding the confidentiality of patron records. Discussion covers writing and implementing a policy, the role of automation, existing laws, library records defined, exceptions to confidentiality, and legal liability. Thirty-seven references are…

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)

A 1998 court decision ruled that a recent Virginia law requiring official approval for state employees to put materials with "sexually explicit content" on the Internet was unconstitutional. However, the extent to which the First Amendment will protect academic freedom in cyberspace in this case and for other issues is not clear. (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)