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…

Limited to teacher conduct of a nonverbal nature occurring outside the school setting, this monograph presents the case law resulting from the dismissal of teachers for unacceptable conduct. The first section reviews literature on teachers' personal conduct. The second deals with the issue of whether a teacher is obligated to serve as an exemplar…

The 1974 yearbook covers a period in which significant developments occurred in school law. The book's seven chapters report on State and Federal court decisions relating to governance of public education, school finance, school property, teachers and other school employees, pupils, tort liability, and higher education. (Author/DW)

This document presents an analysis of part-time employment issues in California community colleges, including a review of historical developments of the law covering the employment of certificated personnel, a review of some benefits and problems associated with part-time teaching, and consideration of part-time faculty employment as a major issue…

This document is an updating supplement to a 1973 volume of the same title and is intended to cover the various aspects of court action effecting higher education, and particularly the faculty and staff for the period 1973-76. The areas discussed include the inception of contracts; due process in nonrenewal of nontenure contracts and probationary…

Educators and the public are divided over the value of implementing school-uniform policies in the public schools. This digest examines arguments for and against school-uniform policies, identifies legal considerations, and offers guidelines for implementing policies on student dress. Most parents have responded favorably to uniform policies,…

Legal issues in program discontinuance and resulting lawsuits are considered, including liability to the faculty, students, and other constituencies; freedom of speech; due process; contractual obligations; legal defense; and consideration of program alternatives. A list of related resources is appended. (MSE)

Tests should be used by educators to help students of different backgrounds and abilities achieve their full potential. The goals of guaranteeing excellence via promotion of high academic standards and ensuring equal educational opportunities are inseparable, mutually dependent goals. State reform efforts and fairness issues are examined. (MLH)

This book describes the actions that led to the 1973 United States Supreme Court case to establish administrator rights, "Holstrop v. Illinois Junior College District 515." The book was written by the plaintiff, who believed that he had been illegally removed from his presidency at Prairie State College, a junior college in Illinois.…

During the past year, in cases involving the authority of school boards to make curricular decisions and provide for services, the courts have balanced school board authority against constitutional and statutory provisions related to privacy, free exercise of religion, and public records laws. Section 1, "School Boards and Board Members," outlines…

One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper…

Confidentiality issues in cooperative relationships between schools and agencies providing services to children and families with special needs are examined. Introductory sections consider the need to share information and the nature of confidentiality restrictions. A section on overall information sharing considers: when to address the…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002-- addresses juvenile justice. Its central issue is how to protect children of color in elementary and secondary schools with constitutional due process where attendance is compulsory and, at the same time, maintain a…

Court decisions in two cases concerning the University of Nevada at Las Vegas's suspension of an athletic coach because of institutional violations of National Collegiate Athletic Association regulations are discussed, focusing on the courts' applications of state action doctrine (subjection to scrutiny under constitutional law) and coercion…

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…