Minimal information is available regarding the frequency with which practitioners conduct evaluations of capacity to waive Miranda rights or what approaches they use in doing so. Grisso's Instruments for Assessing Understanding and Appreciation of Miranda Rights are the only published instruments designed specifically to assist practitioners in…

Examining interpretive approaches to the First Amendment free speech and press clause, this paper focuses on the conceptual framework proposed by John Hart Ely. Other First Amendment tests examined include clear and present danger, balancing, the absolute test, and A. Meiklejohn's "absolute" test. Following an analysis of Ely's First…

The "least restrictive means" test, a frequently used tool for resolving First Amendment cases in federal courts, is designed to insure that state-imposed abridgement of free expression is limited to the narrowest scope and the least impact necessary to fulfill a compelling state interest. Analysis of the history of the test since its…

Research about United States Supreme Court rulings, which affect public school policy, has largely disregarded the fact that the Constitution makes no direct reference to education. A method is outlined that may be of use to educational policy makers as they seek to respond to these rulings. The case of "New Jersey v. T.L.O." (469 U.S.,…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

A number of state supreme courts have decided cases involving challenges to state public school financing. Summarizes the reactions of courts to plaintiffs' proof concerning the negative impact of inadequate funding on the educational opportunities provided to students in poor school districts. (43 references) (MLF)

This paper discusses how to determine whether a test was developed in a legally defensible manner, reviewing general issues, specific cases bearing on different types of test use, some evaluative dimensions, and evidence of test quality. Tests constructed and used according to existing standards will generally stand legal scrutiny. (SLD)

This handbook is designed to aid teacher advisors in organizing and operating a chapter of Health Occupations Students of America (HOSA) in Kentucky high schools. The handbook consists of 15 chapters covering the following topics: background and purpose of HOSA; organizational structure; organizing a chapter; membership and leadership;…