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)

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)

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…

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.)…

Attorneys are ethically bound to serve the interests of their clients. When a school board's attorney serves as advisor to the board during a hearing in which the administration or the board itself is a party in the dispute, an important question is raised: Does the attorney's participation violate ethics or due process? This article discusses…

The NCAA has enjoyed almost total freedom from judicial scrutiny of its rules, procedures, and official acts in large part because of its private nature as an unincorporated association. The function of the NCAA, California State University, Hayward v NCAA, and due process of the student-athlete are discussed. (MLW)

Criticizes the institution of the death penalty for convicted criminals with mental retardation. Examples are given of cases in which juries were not told of the defendant's mental retardation before sentencing, and a list of defendants with mental retardation that have been executed since 1976 is provided. (CR)

Lists guidelines to help department administrators reduce their liability and strengthen their position when faced with grievances or lawsuits. (AEA)

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…

The struggle for the preservation of amateurism and the rights of student-athletes are discussed. Pressures for reform have come from within the NCAA and from a congressional investigation. Issues discussed include: the sports marketplace, reform and the NCAA, a bill of rights for student athletes, and future directions. (MLW)

In Tarasoff v. Regents of the University of California the court ruled that a psychotherapist is obliged to warn third persons of threats made against them during therapy. Substantive background of this legislation; the nature of the psychotherapeutic relationship, confidentiality, and patients' rights; and the Lanterman-Petris-Short Act are…

A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…

An Idaho court case in which a tenured faculty member with seniority was dismissed for financial exigency became two trials, one concerning the university's burden of proof for financial exigency and the other concerning deprivation of the faculty member's due process. The decisions are examined. (MSE)

Litigation and the issues surrounding the use of behavioral procedures to handicapped persons are reviewed. Attention is directed to the use of aversive techniques, e.g., corporal punishment, electric shock, timeout, and restraint. (SEW)