This newsletter defines common law negligence, discusses recent trends in common law negligence, cites litigation, and establishes guidelines to assist school administrators in the avoidance of such tort action. The success or failure of a negligence suit most commonly turns on one of three factors: duty, breach of that duty, and proximate cause…

This document examines legal issues in the negligent hiring and retention of North Carolina Department of Public Instruction school employees. There are no statutes that relate specifically to negligent hiring or retention; it is a judicially created area of law. This document centers around employees who cause injury to school children, but the…

The role of the principal in identifying and reporting child abuse and neglect is discussed in this bulletin. Although all 50 states and the District of Columbia have laws that require educators to report cases in which they have knowledge or reasonable cause to suspect child abuse, passage of legislation does not always lead to compliance.…

Campus collective bargaining proceedings associated with the National Labor Relations Board (NLRB) versus Yeshiva University case are analyzed. The number of institutions exercising Yeshiva-like claims has risen to 49, and the vast majority of the claimants are institutions that have challenged the right of the faculty to organize and bargain…

This document begins a series of issues on employment and dismissal matters of interest to school administrators in North Carolina. It addresses some of the more basic employment concepts, first describing the legal requirements in the state. In North Carolina, local school boards' authority to hire employees is contained in a variety of statutes.…

This periodical issue focuses on infants and toddlers and the justice system. The main article is entitled: "Families, Infants and the Justice System," written by Robert Horowitz. It looks at the role of the justice system in family dissolution and creation, the use of courts to resolve disputes, the role of the justice system in family…

Focusing on what policymakers cannot do, rather than on what they should do, this booklet explores the constitutional parameters of the teaching of moral values. Section 1 provides a description of the general rules for legal analysis followed by the courts when dealing with freedom of speech or religion. In the following two sections, these rules…

Five sections make up the contents of this newsletter. A section on the aftermath of the Yeshiva College decision looks at later court decisions, injunctions and "unprotected" unions, administration unfair practices, the possibility of an administration revoking recognition in mid-contract, and administration tactics in circumventing the…