Discusses an NEA task force study of the use of corporal punishment in schools. Study results indicate that physical punishment as a disciplinary measure causes great harm, such as student behavioral problems and potential lasting psychological damage. Sixteen reasons for abandoning corporal punishment are presented along with task force…

Discusses the damaging effects of "group libel", the use of language to subjugate groups of people, and the conflict these elements present with the First Amendment commitment to freedom of speech. (JMF)

A detailed checklist and timeline for ensuring due process are provided for adverse personnel actions, and the need to supplement this with expert, same-jurisdiction legal advice is stressed. This approach emphasizes the importance of treating due process as an ethical as well as a legal requirement. (SLD)

This guidebook provides a general overview of procedures that may be followed in staff misconduct situations. Following the preface and introduction, part 1 contains four chapters that present information on general misconduct procedures, serious misconduct requiring immediate suspension, the presentation of a case at a hearing, and misconduct…

The issue of whether cheating and plagiarism should be categorized as an academic evaluation or disciplinary misconduct is discussed. It is claimed that if these offenses are categorized as disciplinary misconduct, students are entitled to some due process. However, if cheating and plagiarism are classified as academic evaluations, students are…

The document identifies the legal issues arising from the Education for All Handicapped Children Act (P.L. 94-142) and Section 504 of the Rehabilitation Act of 1973, and indicates how the courts are handling these issues. Annotations on court cases are arranged in major categories: free appropriate public education, placement in the least…

Six sets of emerging issues that could involve specific students and classroom situations are discussed here: class suspensions and due process, class rules and teacher inconsistency, classroom equality of opportunity, competency testing, classification of students, and classroom management in alternative schools. (Author)

The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)

An overview of recent court cases concerning dismissal of tenured college faculty for reasons of financial exigency focuses on court definitions of exigency, criteria for "just cause" for termination, due process requirements, reemployment, compensation for wrongful termination, and legal requirements that constitute "good…

The second edition of this guidebook, written for principals and supervisors, provides a general overview of procedures to follow in staff misconduct situations. Following the preface and introduction, part I discusses general procedures for handling misconduct and includes guidelines for conducting investigations and school-level meetings. Part…

The authors critique legal arguments which have been used by attorneys, especially Merle S. McClung of the Center for Law and Education, in opposing minimum competency testing programs in the schools. The arguments mainly concern the 14th Amendment, racial discrimination, and the denial of due process. (SJL)

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

Increasingly, college faculty members accused of sexual harassment say their rights have been breached and are suing their institutions. Some observers see the trend as a backlash to new expectations about appropriate faculty behavior. Others worry that administrative definitions of harassment are too broad, and faculty due process is violated.…

Argues that the concept of justice offers many opportunities for creative teaching. Observes that historical and contemporary examples can help students understand the relationship among justice, power, and law. Suggests role playing and the study of legal symbols as means of helping students learn to comprehend legal concepts. (SG)

Despite the significant amount of attention given to student description, a serious controversy remains regarding the procedures that constitute effective discipline. This book is designed to meet the need for systematic investigation of the parameters of appropriate disciplinary practices for all students. It helps administrators formulate,…