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…

This publication presents topic headings that may be used as a checklist of state law grounds for challenging a disciplinary action. Topics include: (1) illegality in rule adoption; (2) inadequate notice that conduct is subject to discipline; (3) existence of a protected interest; (4) inadequate notice of hearing; (5) inadequate hearing…

Office of Education regulations upon which "need" analysis for federal student financial aid subsidies is based are presented and analyzed and the legal issues discussed. It is concluded that legal analysis tends to support the constitutionality of the guidelines. Recommendations are made that would provide flexibility within the guidelines. (JT)

Designed to acquaint high school students with those areas of the law that they are most likely to come in contact with, this series of 15 lessons can be used in government, citizenship, law, family living, and economics classes. Although originally developed to be used with a television series, the document can be adapted to other uses. Following…

The author points out that although parents have the right to due process as mandated by P.L. 94-142 (the Education for All Handicapped Children Act), the schools have the advantage over parents in terms of time, money, resources, and determination. Findings from a national survey of due process hearings included that hearings are requested for…

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…

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

The U. S. Court of Appeals ruled that District of Columbia schools had not followed procedural requirements for the Education for All Handicapped Children Act. The Texas Supreme Court upheld the "no pass-no play" rule that requires students participating in extracurricular activities to meet academic criteria. (MLF)

Legal points are discussed which student teacher supervisors should bear in mind when writing negative student evaluations. To avoid charges of libel and to assure due process, supervisors should: (1) stick to factual and objective statements; (2) inform students of problems early; (3) avoid public statements about deficiencies; and (4) avoid…

Competency-based education programs could raise three kinds of legal issues: claims under the due process clause, claims of discrimination under the equal protection clause, and claims of negligence. (Author/JM)

The most likely legal issues to arise concerning charter schools include teacher employment and qualification issues, liability concerns, special-needs student issues, due process, religious issues, and contract rules. School leaders can head off problems by clarifying who is in charge, spelling out the mission statement, and dealing up front with…

This article addresses the substantial changes that Congress made in the 1997 amendments to the Individuals with Disabilities Education Act concerning discipline of students with disabilities. It analyzes both the procedural and substantive requirements related to suspending students, expelling students, and conducting functional behavioral…

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

This discussion on merit pay and career ladders focuses on legal questions about evaluation fairness. If the concern of teachers for fairness is heeded, policymakers must include in enabling legislation for teacher incentive programs procedures designed to minimize the impact of bias for or against particular individuals or particular teaching…

The applicability of Fourteenth Amendment procedural due process to private colleges and universities is discussed. After considering state action in private higher education, cases from 11 federal judicial circuits are reviewed to show how courts have applied the various theories of state action. An emerging theory of state action that is…