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 monograph is intended to help school psychologists understand the special procedures, techniques, and considerations necessary for providing effective courtroom interventions, specifically expert testimony and written reports. Beginning with an explanation of lay and expert witnesses, the monograph goes on to stress the importance of pretrial…

In Braxton v. Municipal Court, the California Supreme Court upheld a Penal Code statute allowing for the summary exclusion of students from college campuses. The author discusses the need for procedural safeguards and a reevaluation of the judicial treatment of colleges and universities. (Editor)

Changes in applying due process have ended the hands off policy of the courts regarding human service programs. These changes have important implications for social workers, whose actions may risk court involvement if practices are arbitrary. (Author)

Explores sources of legal rights for students and personnel in private colleges and universities. Presents cases to illustrate the ways that federal courts have addressed campus due-process concerns at institutions accredited by the North Central Association. Concludes that due-process protections are generally lacking. (LAL)

A study was conducted to discover whether jurors perceived a difference between instructions to assign guilt on a "beyond a reasonable doubt" standard as compared with a "to a reasonable degree of certainty" standard. The main study included 88 communication students who read a case summary and one of four versions of jury…

Suggests methods by which school administrators can avoid lawsuits and can provide due process procedures within the school. (NQ)

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…

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)

Noting that counselors are seldom able to give legal advice or information to counselors, the author discusses those parts of the federal and state constitutions that deal with due process along with court cases that define and interpret the legal rights of students in this regard. (RP)

Describes two court cases, one that considers the consequences when an employee misrepresents his authority or fails to submit to reasonable rules, regulations, or requirements. Includes comments on the responsibility of supervisors in evaluating subordinates. The second case suggests the courts will support a board in its efforts to require…

In Simon v. Eastern Kentucky Welfare Rights Organization the Supreme Court concluded that several low-income individuals and organizations representing them lacked standing to maintain a class action challenging the validity of a revenue ruling by the Internal Revenue Service. The impact of this case is discussed along with an alternative course.…

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.…

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…

Reported are 22 new cases and provided is information on 27 previously reported cases related to mental retardation and the law. Cases are grouped according to 10 topics (sample cases in parentheses): classification; confidentiality/access to records; commitment; criminal law (O'Brien v. Superior Court); education (California Association for…