One of the most frequent problems confronting employers is the need to investigate allegations of or suspicions that an employee has been involved in misconduct and take appropriate action when the evidence substantiates the wrongdoing. School district employers are no exception. Respect and trust in the school working environment are achieved by…

As of the fall of 1984, 40 states had by state mandate adopted some form of student minimum competency testing; 19 are or will be using test performance for the award of high school diplomas. In the other 10 states, local initiatives had implemented such testing programs on the school district level. Five states were using competency tests to…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

The nature of the interests in education that are protected by the Constitution may be ascertained by reference to certain due process and equal protection decisions of the Supreme Court reviewed in this paper. Although education is not a right granted by the Constitution, the Court has often recognized the importance of education, both to the…

Focusing on the protection of Native American places of worship and religious property, this monograph cites several pertinent guarantees of religious freedom found in constitutional or treaty laws, and in court decisions; and gives samples of their abuse throughout history. These guarantees of Native rights are found in the First and Fifth…

These materials are part of the Project Benchmark series designed to teach secondary students about our legal concepts and systems. This unit focuses on individual rights and fair procedures under the law. The materials outline the Bill of Rights, due process guarantees, the right to a fair hearing, fair and unfair trials, search and seizure laws,…

Presents eight case studies of lawyers who work for legal aid societies or provide free legal services to poor people. Includes quotes by the attorneys describing specific cases and why they became involved in providing free legal counsel. (CFR)

Presenting U.S. history teachers with a set of 26 lessons, this book is designed to help educators teach about the Bill of Rights and to assist students in understanding important events and concepts related to the Bill of Rights. The book begins with the fundamental concepts of government, law, and historical roots of the Bill of Rights and…

This book, written in simple language, explains the Canadian Human Rights Act and how and when it can be used to assist individuals with mental handicaps. The book is designed to help people learn their rights as citizens of Canada and learn that if something wrong is done to them they can do something to change it. It explains what human rights…

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

The free press/fair trial controversy hinges on two distinctions: "decorum" (the general manner in which a trial is comported) vs. "substance" (the actual content of information relating to a trial, including both evidentiary and nonevidentiary information), and behavior within vs. behavior outside of the courtroom. Four major Supreme Court…

Reviews constitutional principles and case law in three areas of U.S. society where black Americans have made efforts to effect change. Specific changes are for fairness in education, the abolition of capital punishment, and the prohibition of discrimination against the poor. (JDH)

Presents a discussion of the legal context of evaluation systems upon which merit pay programs are based. Following the discussion of the law, a model merit pay program is presented. (MLF)

This teachers' guide focuses on each of the of the first 10 amendments to the U.S. Constitution and the Equal Protection Clause of the Fourteenth Amendment. Organized by amendment, each section includes the text of the amendment and its counterpart in the Maine Constitution; an introduction to the legal principles embodied in that amendment; and…

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…