Any restrictions on student dress must have a legitimate educational rationale. Standards of attire for school employees are also permissible. A dress-code policy that calls for reasonable restrictions and is enforced with common sense can create a better school environment. Restrictive measures can lead to costly lawsuits. Cites advantages of…

The relationship between the principal and the law has never been easy to define. This book provides basic information on the current status of law, risk, and site-based management as they relate to the legal rights and responsibilities of principals. Twenty-one chapters are included in five sections. The first section discusses the school and the…

This brief report summarizes a longer document with the same title in the ASHE-ERIC Higher Education Report series. Academic freedom provides the foundation for faculty scholarship and teaching, making it possible for educators to exchange ideas and concepts freely in the classroom, to explore and disseminate new knowledge, and to speak out both…

This report synthesizes the literature and applicable case law concerning academic freedom in higher education and addresses the following issues: (1) popular notions concerning academic freedom; (2) whether academic freedom is a legal right; (3) whether faculty at private institutions have the same rights as faculty in public schools; and (4)…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

The actions of Clark College in terminating, for reasons of financial exigency, two faculty members previously granted indefinite tenure are reviewed according to the AAUP statement of principles and recommended institutional regulations on academic freedom and tenure, and procedural standards, and found to be in violation. (MSE)

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

Intellectual property questions, as they concern college faculty, are composed of many issues and have substantial and far-reaching implications for the work of faculty and students and for administrative decision making. Both faculty and the American Association of University Professors must become involved to guard against incursions of academic…

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

Defines and gives examples of remediation as a process prior to dismissal proceedings, in which a teacher is evaluated by administrators, who identify deficiencies and provide the teacher an opportunity to correct them. Identifies what constitutes remediable conduct, how requirements for remediation are imposed, and how courts review dismissal…

Discusses five areas of the school environment lending themselves to the possibility of teacher and student teacher liability: negligence, malpractice, rights to privacy, field trips, and search of students and school property. Suggests specific guidelines for decreasing the possibility of adverse legal action. (NEC)

A discussion of legal aspects of college faculty efforts to profit from their research activities considers whether judicially acknowledged distinctions between faculty's academic and personal pursuits will apply in such cases of commercialization. Implications for increased regulation of core institutional and faculty activities are examined.…

Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…

This digest summarizes issues raised in a research report on the academic rank of the emeritus professorship and retirement. Among the questions addressed are: What prompts an interest in the emeritus status? What trends presage its restructuring? What changes in the emeritus rank are likely? How might a new emeritus rank help solve problems of…

This report examines the rank of emeritus professor in higher education and considers such questions as: What trends presage its restructuring? What changes in the emeritus rank are likely? How might a new emeritus rank help solve problems of abolishing compulsory retirement age? and What should colleges and universities do? Recent studies about…