Superintendent dismissal cases may be grouped into two major categories (nonrenewals and terminations) that can be divided into three levels: cases based primarily on the contract, on legislation, or on constitutional rights. Superintendents have been much more successful in challenging terminations than nonrenewals. Numerous issues and cases are…

Problems involved in due process procedures center on low morale, high expense, and paperwork. Possible approaches to remedying problems include establishing state impartial procedural safeguard panels, employing trouble shooters for children who need currently unavailable services, and using greater flexibility in monitoring local due process…

Reviews the history of the tenure system and its constitutional and due process implications. Describes Florida's sustained performance review program, an evaluation of tenured faculty every seven years to encourage continuing professional development. (SK)

Explores sources of legal rights for students and personnel in private colleges and universities. Presents cases to illustrate the ways that federal courts have addressed campus due-process concerns at institutions accredited by the North Central Association. Concludes that due-process protections are generally lacking. (LAL)

Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

Examines Fourth Amendment legal issues involved in drug testing of public employees. Discusses several recent court cases involving probable cause and reasonable suspicion to determine appropriate standards for individual situations. Outlines implications for public employers. Blanket drug testing is not permissable, though job applicants have…

Traces the legal arguments and decisions in "Smith vs. Robinson," which resulted in a U.S. Supreme Court decision disallowing the award of attorney's fees to successful plaintiffs claiming rights under the Education for All Handicapped Children Act. Notes implications of and reactions to the Supreme Court decision. (PGD)

Although constitutional limits usually apply only to public institutions, contract law applies to both public and private institutions. By assuming that institutions will be held accountable for all official statements and that public institutions need an informal process ready for certain situations, schools can garner some legal protection.…

Most courts have flexibly interpreted the constitutional requirement of procedural and substantive due process in favor of zero-tolerance expulsion decisions. While being sensitive to community intolerance for threats to school safety (student possession of guns or drugs), school leaders should modulate development and enforcement of expulsion…

Presents a brief overview of visual and broadcast coverage of American courtrooms from 1935 to 1981; examines "Estes v. Texas," which effectively banned visual and broadcast coverage of the courts as a violation of due process; and examines "Chandler v. Florida" to determine the current status of such coverage. (FL)

Higher education administrators planning for retrenchment should follow these guidelines: document the financial circumstances justifying retrenchment; devise a long-range financial plan; identify how and by whom retrenchment decisions are made; and know both the interests of and procedural protections available to faculty, staff, and other…

Suggests guardianships of the elderly are determined in an informal manner that may not afford the aged the full benefit of due process. Describes a manual to help educate the guardian ad litem about the elderly and about how they can make proceedings more formal and adversarial in nature. (Author/RC)

The principles and objectives of the due process clause are explored and operational criteria constructed as a result of the court's decision in the Horowitz case. It is argued that the court abandoned the underlying principles in this case. (Journal availability: Fred B. Rothman & Co., 10368 W. Centennial Road, Littleton, CO 80123, $4.00.)…

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

The National Collegiate Athletic Association (NCAA) infractions-appeals committee has eased some penalties imposed by the association on colleges and universities for rules infractions, and the infractions committee itself has expanded institutions' due-process rights by allowing institutions more time to answer charges. (MSE)