The Supreme Court issued an unclear decision in "Wygant v. Jackson Board of Education." The case generated five opinions that do not agree on a single set of legal principles to give needed guidance to public officials. Includes discussion of two other cases relating to affirmative action and hiring practices. (MD)

Discusses some Supreme Court rulings that affect the rights of students and teachers. Includes discussion of the balancing test, due process, and equal protection. Offers five principles to guide administrators in interpretating the legal ramifications of school policy. (Author/WD)

The Supreme Court's "Croson" decision has major implications for local government and school administrative units that wish to encourage the use of minority contractors. Discusses the decision and some of the effects that the rules announced in the case may have on North Carolina's local governments and schools. (MLF)

The dilemma of disciplinary discretion is that on the one hand it avoids discrimination by allowing individualized treatment, but on the other hand it invites discrimination by leaving it up to the adiministrator to determine what discipline shall be imposed for what offense. The law imposes very few and easily met restraints. To ensure that…

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…

Evaluates the Supreme Court's decisions relating to education during the past few years and the effect that the retirement of Justice Lewis Powell will have on the balance of the Supreme Court. Discusses nominee Robert Bork and his possible effect if he becomes a member of the Supreme Court. (MD)

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…

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)

Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics…

Reviews a federal court ruling in Florida stating that minimum competency tests must be fair--that is, they must cover material that has actually been taught. Unfair tests used to determine eligibility for graduation violate the equal protection and due process clauses of the Constitution. (Author/WD)

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…

This guide provides a survey of those laws that directly affect the child with attention deficit disorder (ADD), with or without hyperactivity. The guide addresses three general classes of rights: (1) civil rights (for example, the right to equal treatment and opportunity under the law); (2) the right to society's support in educational services…

In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…

This manual provides an overview of sexual harassment and what can be done about it. Although it deals with laws in California, its general sections and sections of federal laws could be used by persons in any state. The guide contains 12 chapters. Chapter 1 includes a discussion of what sexual harassment is and how it affects society and the…

This monograph is a legal treatise covering all legal aspects of the evaluation of teachers. It looks at what can legally be evaluated, how the evaluation can become evidence for termination, and how to avoid and win lawsuits involving wrongful teacher dismissals. It is intended for practicing administrators, supervisors of instruction, teacher…