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…

This report offers an analysis of school finance litigation during 1998. It summarizes cases in New Jersey, Ohio, Arizona, Texas, Wyoming, Colorado, New Mexico, and New York. These states were sued due to failure to provide a thorough and efficient system of common schools, ineffective efforts to provide equitable financing to poorer school…

Establishment of the new Law and Education Center (LEC) at the Education Commission of the States is announced in this document. It notes that the LEC offers preventive legal assistance to state educational programs and that it will focus on a limited number of specific legal issues. The central topic of this initial newsletter is competency…

Truth in testing, competency testing, and intelligence tests constitute the central topics of this newsletter. The authors review a report prepared by the Education Commission of the States on truth-in-testing legislation and litigation, covering recent efforts at the state and federal levels to open the testing process to public scrutiny. They…

Commentary and advice in four legal areas are offered in this newsletter on educational law. First, the document outlines preventive legal review for public educators in four basic steps, including anticipation of legal challenges, evaluation of the challenges' legal merits, consideration of the policy issues raised by potential challenges, and…

The National Collegiate Athletic Association (NCAA) recently promulgated rules that make athletes' initial eligibility conditional upon the achievement of certain scores on college entrance examinations and completion of a specified high school curriculum with a minimum grade point average of 2.0 on a 4.0 scale. The changes were instituted to…

Case citations regarding discrimination in education are provided in this document. The first section deals with civil rights remedies, specifically, employment and student discrimination. The second section describes cases involving employment discrimination on the basis of race, religion, national origin, age, and disabilities. Gender-related…

Academic decisions related to grouping, grading, and student promotion are discussed in this legal memorandum for secondary school principals. Federal and state court cases involving enrollment, student placement, promotion, grading, graduation, and gender-based classification are examined. Conclusions are that judges tend to respect an educator's…

Focusing on what policymakers cannot do, rather than on what they should do, this booklet explores the constitutional parameters of the teaching of moral values. Section 1 provides a description of the general rules for legal analysis followed by the courts when dealing with freedom of speech or religion. In the following two sections, these rules…

The booklet contains the text of eight selected documents on human rights. The documents are Excerpts from the UN Charter; Universal Declaration of Human Rights; Convention on the Prevention and Punishment of the Crime of Genocide; International Covenant on Economic, Social, and Cultural Rights; International Covenant on Civil and Political…

The Negotiation Research Digest (NRD) was compiled by the Research Division of the National Education Association (NEA). It began publication in April 1967 and, after 81 issues, ceased publication in June 1975. A normal publication year involved 10 issues published from September through June, skipping July and August. Each issue contained…