Reviews the historical background of teacher tenure and discusses, using state court decisions, the bases for teacher dismissal, including insubordination, moral misconduct, disability, job elimination, and incompetence. Notes seven types of incompetence warranting dismissal, involving discipline, scholastic ability, pupil performance, and other…

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

Both state supreme courts and the U.S. Supreme Court won't back down from giving kids the due process protections once reserved for adults. Specific cases are discussed. (RM)

Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)

Recounts the case of "Turk v. Franklin Special School District" in Tennessee, in which the board's dismissal of a teacher was reversed by the Tennessee Supreme Court because the board failed to follow its own dismissal procedures and because the particular drunk driving conviction did not warrant dismissal. (RW)

Discusses "no pass-no play" rules adopted by many state legislatures and local school districts that raise the academic standards students must meet before participating in extracurricular activities. Reviews two recent court challenges to the rules' constitutionality, focusing on due process, authority, and participation as a right or…

Home instruction issues involve state laws' implicit or explicit allowance or disallowance of alternative instruction as well as their procedural requirements and their criteria for academic equivalence. Attempts to change laws are being made in Nebraska and Indiana. South Carolina and New Jersey have developed guidelines for home schooling. (RW)

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

Examines the relation of the part-time classification of teachers in California to the statutory tenure system as it has been construed by the state courts in a series of cases. Available from Wm. W. Gaunt & Sons, Inc., 3011 Gulf Dr., Holmes Beach, FL 35510. (Author/MLF)

Analyzes "Camlin v. Beecher Community School District (Illinois)," wherein the state appellate court held that the school board violated its own drug policy when it expelled a high school student for allegedly smoking marijuana on a field trip without first offering him an opportunity to enter a drug education program. Court also held…

Courts in New York and Texas have imposed limits on psychiatric research involving involuntarily institutionalized patients as subjects, citing state and constitutional protection of privacy, due process, and equal protection. Some are concerned that mental health research and treatment will suffer. (MSE)

The potential for wrongful discharge of an employee based on false accusations has increased. Suggests guidelines for policies and procedures of district investigations if stigmatizing accusations against an employee could ruin a career even if they are found to be false. Reviews two recent cases. Suggests possible nonjudicial remedies available…

Designed to assist the public in understanding the judicial system and judicial process in Alabama, this handbook (1) presents an overview of Alabama's courts and their jurisdictions, (2) identifies the officers of the courts and the contributions each makes to the judicial process, and (3) narrates in general terms the procedures most common to…

The author traces the history of the applicability to students of the Fourth Amendment, which defines search and seizure of person or property to be illegal without a valid search warrant supported by probable cause. Various court decisions have affirmed students' constitutional rights, but Louisiana is the only state that has held, in a decision,…

The controversy over whether parents should have the right to determine in detail the type and scope of their children's education harks back to colonial times and has been manifested more recently in court cases considering home instruction in lieu of public school attendance. This first chapter of a book on school law objectively examines both…