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…

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…

This review examines factors impacting on substantiation rates for central registries of child abuse and neglect cases. Technical factors were not found to affect substantiation rates, though certain legal factors were somewhat associated with lower substantiation rates. The use of risk assessment models is recommended to improve rates without…

Discusses "no pass-no play" rules adopted by many state legislatures and local school districts that raise the academic standards students must meet before participating in extracurricular activities. Reviews two recent court challenges to the rules' constitutionality, focusing on due process, authority, and participation as a right or…

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 practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…

While the due process provisions within PL 94-142 are designed to protect the rights of handicapped children and their parents regardless of costs, this study suggests that Congress' original intentions are not being realized. Findings disclosed enormous cost differences (especially person hour costs) among due process hearings. Includes two…

A review of court decisions about teacher testing programs shows that tests must be equitable and fair, must not be used to discriminate by race or sex, and that adequate notice to teachers is required. (MLF)

The study reviewed the legal relationship between the National Collegiate Athletic Association (NCAA) and its member institutions and the national reform movement in intercollegiate athletics, and proposed legislation that would mandate due process guarantees in all association proceedings with its member institutions. Legal research confirmed…

Discusses the "Cleveland Board of Education v. Loudermill" case, in which a security guard was dismissed for dishonestly completing an application without a chance to answer the charge or challenge his dismissal. Examines the United States Supreme Court ruling, immediate due process implications, unanswered questions, and lower court…

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and…

This primer on legal issues and responsibilities, prepared for independent schools, provides a reference for staff, administrators, and trustees in recognizing and preventing legal problems. Legal issues surrounding the roles of trustees, school head, faculty, and students are noted, including school accountability to educate, the relationship…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

This study examines activities of the South Carolina Department of Education directed toward implementation of Public Law 99-457 (the Education of the Handicapped Act Amendments 1986) which called for special education for preschool children with disabilities. The study specifically documents the number of children served, number of children…

This legal compendium focuses on the difficult and volatile issues of student discipline in cases of both academic and nonacademic misconduct. Part I lists non-academic codes from University of Michigan, Yale College, Vanderbilt University, University of Iowa, City University of New York, Baylor University, Columbia University, George Washington…