Courts have not recognized claims of "educational malpractice," though they have held that such a claim could be formally pleaded with liability precluded by public policy considerations. A 1984 New York Court of Appeals decision in "Snow vs. State of New York" may be the initial breakdown to the barrier of public policy…

Parents gained more clout in the "Robinson v. Pinderhughes" court ruling. Baltimore schools' lack of compliance with the Education for All Handicapped Children Act illustrates that, if not offered by a state, educators should encourage legislators to enact a remedy enforcing decisions about disabled students' placement. (CJH)

This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

The current trend in equal-protection law is to reject the use of race-based, numerical formulas. However, in "Wessmann," a chief federal district judge in Massachusetts allowed race-based set-asides in the admission policy at Boston's three examination high schools. This decision, which is on appeal, has implications for school…

Reviews judicial decisions involving school staff evaluation systems. Courts remain reluctant to interfere with the summative evaluation process of a school district. Administrators must apply reasoned, ascertainable standards in employment decisions in order to withstand judicial scrutiny amid the array of legal constraints on the evaluation of…

The meaning of the Supreme Court's decision affirming the rights of undocumented alien children to attend public schools free of charge and the impact of this and recent decisions on other issues relating to national origin minority students are discussed in this memorandum. Among the other issues are the status of non-immigrant children legally…

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

The obligations of colleges and universities under existing laws prohibiting sex discrimination against employees and students are summarized. Principal federal sources of legal obligation regarding employees are the equal protection clause of the Fourteenth Amendment, Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and…

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…

As of the fall of 1984, 40 states had by state mandate adopted some form of student minimum competency testing; 19 are or will be using test performance for the award of high school diplomas. In the other 10 states, local initiatives had implemented such testing programs on the school district level. Five states were using competency tests to…

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

Presents a discussion of the legal context of evaluation systems upon which merit pay programs are based. Following the discussion of the law, a model merit pay program is presented. (MLF)

Discussion centers on the legal bases by which school administrators permit access to public educational facilities by religiously and politically oriented student organizations. It concludes that access should be granted to students whose purposes do not disrupt teaching and learning. (JAM)

Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

An overview is presented of litigation in which courts have interpreted educational employees' rights to nondiscriminatory treatment and employers' obligations to ensure equal employment opportunities. Because of the range, volume, and complexity of the litigation in this area, the intent is to identify applicable legal principles rather than to…