A parent brings a cyber bullying incident to your attention and expects you to resolve it. What are the students' rights and your responsibilities according to the law? Because the laws regarding disciplinary action are still evolving, this manual fills the gap by providing public school leaders with data-driven solutions for managing cyber…

Issues in students' First Amendment rights are discussed in this paper, which is directed toward school board members. The "Tinker v. Des Moines Independent Schools" (1969) decision is discussed, in which the United States Supreme Court struck down the discipline imposed on students who wore black armbands during school hours to protest…

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

Because affirmative-action programs require governmental entities to act in a race-conscious and/or gender-conscious manner, public employers' affirmative-action programs may be challenged under both Title VII and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. This document describes the standards of review by which…

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

A carefully structured process for campus administrative decision making concerning hate speech is proposed and suggestions for implementation are offered. In addition, criteria for evaluating hate speech processes are outlined, and First Amendment principles circumscribing the institution's discretion to regulate hate speech are discussed.…

Issues that college administrators must address in forming policy about publications to be distributed on campus are considered, and the important parties and their interests are identified. Constitutional and practical problems created by restrictions on distribution are also examined. Finally, newspaper theft, a recently emerging campus problem,…

The scenario: Pictures of children in various states of nudity are discovered in an elementary teacher's desk. What does one do? This paper offers guidance, much of it based on common sense, for administrators who may find themselves in a situation fraught with serious consequences if a mistake is made in determining the truth. Court decisions are…

This guidebook is built on the conviction that finding common ground on many divisive issues is possible within the civic framework provided by the Religious Liberty clauses of the First Amendment to the U.S. Constitution. It argues that there is a clearly defined constitutional difference between "teaching religion" to students and "teaching…

Experts agree that the U.S. criminal justice system faces a crisis, yet there is a broad range of views as to its sources, consequences, and solutions. There seems to be a public perception that the individual rights guaranteed accused criminals by the U.S. Constitution prevents the criminal justice system from functioning properly. It is…

A brief review of the federal constitutional provisions and equivalent Texas Constitutional provisions for the criminally accused is provided in question and answer form. First Amendment rights related to such matters as freedom of the press, rights of students, picketing, distributing leaflets, state licensing, and obscenity are considered in the…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

The last 2 decades of the 20th century have witnessed a growing movement to reform the American education system. While people debate why and how reform should be accomplished new initiatives are being developed and applied in many different areas: student performance standards, curricular innovation, assessment, accountability, professional…

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…

The almost universal doctrine of charitable immunity was traditionally justified at one time because of the altruistic nature of charities. The reasons for abolition of charitable immunity in most states have generally been two-fold: (1) charities are no longer low-budget, marginal operations; (2) the risk of crippling verdicts can be minimized…