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…

An overview of recent court cases concerning dismissal of tenured college faculty for reasons of financial exigency focuses on court definitions of exigency, criteria for "just cause" for termination, due process requirements, reemployment, compensation for wrongful termination, and legal requirements that constitute "good…

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

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…

The courts have come to play an increasingly important role in educational policy making and the administrative management of our public schools. This is especially apparent in the context of school discipline where numerous and varied controversies have been translated into legal disputes over the past three decades, many of which have ultimately…

One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper…

The termination of unsatisfactory school employees is an ubiquitous and often expensive legal problem for school districts. This monograph was designed to help school attorneys and administrators in handling the termination process as fairly and efficiently as possible. The monograph begins with articles on documentation, evaluation, and…

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…

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.…

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 proceedings of a 1985 House of Representatives hearing to amend Section 615 of the Education of the Handicapped Act are presented. The hearing focused on questions of paying for attorneys fees in special education due process decisions. Statements are presented by representatives of policy makers, parents, and professional associations…

Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…

Examines "Chicago Teachers Union v. Hudson," a United States Supreme Court decision guaranteeing non-union government workers specific protections of procedural due process that certain educational and teacher unions had failed to recognize. Decries the "Hudson" decision for separating labor law from laws governing the rest of…