Even though the high school publications adviser in the Hazelwood East High School Supreme Court case of 1983 was named as a petitioner with school officials, some litigation and much research indicates that advisers have often encountered administrators in an adversarial role. Because "Hazelwood" ruled that the school newspaper is part…

For over a decade, school administrators and school attorneys have been struggling with the appropriate procedures to follow in disciplining public school children. Many articles have been written concerning due process. This publication focuses not on the legal history of school discipline cases, but on the implementation and administration of…

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…

Several factors should be considered by attorneys representing school boards faced with the need for administrative hearings concerning the education of a handicapped child. Attorneys should try first to resolve the problem without resort to the formality of a hearing. If a hearing is necessary, the issues should be determined; a hearing examiner…

Outlines the legal authority permitting North Carolina school officials to excuse all students' attendance under a uniform policy and applies this policy to absences and early checkouts by 18-year-olds. Cites cases supporting school officials' legal duty to consider exemptions for 18-year-olds with extenuating family circumstances. Cites 37…

The authors focus on a student with severe handicaps and present the effects of the legal precedents on this child's free appropriate public education, including extended school year, related services, appropriate curriculum, and appropriate placement. (Author/CL)

Examines the policies involved in promotion and retention of students in South Carolina and other states. Recommends alternatives to retention and considerations for policy development. Includes a discussion of legal issues, a list of six recommendations, and a reference list. (MD)

This paper provides an overview of legal responsibilities of school districts relating to "Do Not Resuscitate" (DNR) orders for children who are medically fragile. It addresses the incidence of school children who are medically fragile and differences in state laws that affect DNR orders. Attitudes that are preventing school districts…

The problems of cheating on tests and what to do about it are explored, beginning with information on the methods used to cheat. Methods to detect cheating, circumstances that promote cheating, and ways to respond at the individual and institutional levels are outlined. The chapters are: (1) "An Introduction to Cheating: The Wrong and the Short of…

This book addresses the legal problems faced by nonpublic schools. It is intended to help teachers and administrators recognize potential legal difficulties and to assist educators in developing preventive strategies to resolve problems before the legal system becomes involved. The text is divided into six chapters: (1) "Tort Liability";…

Legal issues in liability for and prevention of injuries through negligence are discussed: proving negligence, who is owed a duty of care, who may be sued, remedies, risk management (shifting risk, insurance, indemnification, waivers and releases), and preventing claims (warning of known danger, proper supervision, school maintenance, security,…

Legal aspects of field trips are addressed, with special attention on planning and implementation aspects which warrant legal consideration. Suggestions are based on information obtained from studies which reviewed and analyzed court cases, with recommendations geared to lessen the likelihood that negligence suits will result if students sustain…

Among the protective measures against computer viruses that universities should consider are the following: (1) establishment of policies regarding student and faculty conduct; (2) distribution of information; (3) limitations on access to college computers; (4) establishment of operational safeguards; and (5) creation of an emergency action plan.…

Describes how to select materials needed by the growing legal self-help movement, the importance of currency, and publishers in the field. An annotated bibliography of 25 titles includes general guides and books focusing on estate planning, going to court, contracts, animals, immigration, domestic issues, real estate, and bankruptcy. (KRN)

Reports results of a survey of Association for Business Communication members regarding specific instances of classroom multimedia use with copyright issues. Finds that respondents received an average grade of "C," with most answering conservatively, assuming that copyright restrictions were more restrictive than they in fact are.…