This eighth edition provides a current and comprehensive discussion of counselors' legal and ethical responsibilities, an examination of state and federal laws as they relate to practice, and helpful risk management strategies. Attorney Nancy Wheeler and Burt Bertram, a private practitioner and counselor educator, offer real-world practical tips…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

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…

This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

Legal and risk management issues substantially impact the operations of colleges and universities, which face escalating compliance requirements in an increasingly litigious environment. Failing to assess legal liability issues and to constructively address them with risk management processes create vulnerability to claims and litigation,…

Discusses the extent to which a school district can be held responsible for the negligence of its employees. (JF)

Child abuse is an issue of growing public concern. Seven questions and answers are presented pertaining to the legal risks and responsibilities of school personnel in reporting cases of child abuse. (TE)

First in a series of six articles on the legal responsibilities, liabilities, and limitations of school boards. The article also discusses the tort immunity doctrine for school districts. (MF)

Available from: EC 090 265.

Points out several liability considerations a classroom teacher should be made aware of in undertaking the role of cooperating teacher. (FL)

The 20 years following the "New York Times v. Sullivan" Supreme Court decision have seen an accelerating erosion of the protection necessary for the press to perform its function. The erosion has occurred in part because of unfavorable decisions of the substantive law. But in a very large measure it has also been because of uncertain and…

This speech examines the legal aspects of the California "Stull Bill," which governs the evaluation of public school teaching and administrative personnel. The author discusses the impact of the Bill on both teacher tenure and teacher evaluation and suggests that the teacher evaluation section has far more impact than does the teacher tenure…

Purpose: Advance directive (AD) documents are based on state-specific statutes and vary in terms of content. These differences can create confusion and inconsistencies resulting in a possible failure to honor the health care wishes of people who execute health care documents for one state and receive health care in another state. The purpose of…

A problem unique to constitutional torts arises when state-created governmental entities are defendants. Implications of the problem are discussed, and it is concluded that until the issue is resolved, the right to compensation for violations of rights will continue to depend upon the law of the state in which the violation occurred. (LBH)

Discusses teacher liability in the science laboratory. Cites specific court cases to illustrate points. (MA)