This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

To assist school personnel in understanding current application of the law, provide an awareness of rights and responsibilities, motivate educators to translate basic concepts into actual practice, and generate an interest in further study of the law, this text is presented. Legal issues involving the rights of students and teachers in daily…

This booklet provides prospective and current Catholic school board members with basic information concerning civil law as it affects schools in general and Catholic schools in particular. Chapter 1 describes the two main types of Catholic school boards: consultative boards, in which the pastor of the diocese has final authority to accept the…

This chapter--new to the "Yearbook"--discusses all court cases reported in 1986 that involved student athletes, coaches, athletic directors, athletic associations, booster organizations, interscholastic sports programs and events, and sports facilities and equipment at both the K-12 and higher education levels. It does not, however,…

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…

This monograph is the ninth in a series designed to provide a scope treatment of case laws involving contemporary public school issues. The selections summarize principal judicial decisions drawn from 1985-86 federal and regional reporters. "School Boards and Board Members," part 1, describes decisions on school closures, equal protection…

This comprehensive reference reviews court decisions affecting the operation, management, and governance of public schools. This edition analyzes all public school cases decided during the 1982 calendar years and reported in West's Regional, Federal, and Supreme Court Resports, through the December 1982 advance sheets. Included as well are 1981…