Approximately 19 percent of undergraduate students in the United States identify as having a disability, yet postsecondary institutions often lack the legal infrastructure necessary to support their academic success. National data show that only 49.6 percent of disabled students graduate from four-year institutions, compared to 68.1 percent of…

In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

Until recently, the courts perceived almost no difference in their treatment of public and private schools. Under due process and equal protection clauses of the law, a student's economic investment in his education is protected. The obvious legal concept to invoke to protect economic expectation is contract, so most cases involving student rights…

This document is one in a series that addresses issues of employment and dismissal matters in the North Carolina Department of Public Instruction. This issue focuses on employment at will, which exists at the will of each party. At-will employees are employed for an indefinite term; either side may end the employment without the others' consent.…

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.…

Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics…

The obligations of colleges and universities under existing laws prohibiting sex discrimination are discussed. Attention is directed to developments in the law relating to sex discrimination against employees and against students in colleges and universities, and practical and cost-efficient strategies for complying with the law. The pertinent…

This guide provides a survey of those laws that directly affect the child with attention deficit disorder (ADD), with or without hyperactivity. The guide addresses three general classes of rights: (1) civil rights (for example, the right to equal treatment and opportunity under the law); (2) the right to society's support in educational services…

This manual provides an overview of sexual harassment and what can be done about it. Although it deals with laws in California, its general sections and sections of federal laws could be used by persons in any state. The guide contains 12 chapters. Chapter 1 includes a discussion of what sexual harassment is and how it affects society and the…

California's Proposition 8, known as "The Victims' Bill of Rights," contains a safe-schools provision that states: "All students and staff of primary, elementary, junior high and senior high schools have the inalienable right to attend campuses which are safe, secure and peaceful." Through extended reference to federal and…

The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…

A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…

Over 70 recommendations are contained in this report submitted to the Joint Committee on Vocational Education by Steiger, Fink, and Kosecoff, Inc. This outside agency received a contract in December, 1978, to: (1) evaluate activities and services provided by the State Department of Education and the Chancellor's Office of the California Community…

This handbook provides answers to questions that state department program access coordinators most frequently ask when involved in evaluating for accessibility for handicapped persons and when developing changes to ensure that departmental programs and activities are equally effective and accessible to persons with disabilities. The handbook…