It is important that teachers and administrators have at least a rudimentary knowledge and understanding of school law and how it affects their day-to-day classroom activities, since the courts have played an increasingly significant role in defining school policy. Decisions in school desegregation, prayer, public school financing, student rights,…

An analysis is provided of the status of collective bargaining in Illinois community colleges in 1983-84. Chapter 1 provides introductory material on: the Illinois Educational Labor Relations Act (H.B. 1530), a comprehensive collective bargaining law; the value of an examination of collective bargaining prior to the implementation of the law; and…

The dismissal of public school teachers in Oregon is governed by the Fair Dismissal Law. The statutory requirements of the law involve (1) a notice from the superintendent of intent to dismiss, (2) school board approval of dismissal, (3) the teacher's right to appeal to the Fair Dismissal Appeals Board (FDAB), and (4) the school board's and…

The Capital Area School Development Association, New York, sponsored a school law conference to fulfill a need in the region for school board members and administrators who desire to maintain and improve their knowledge in the area of school law. This document contains the text or outline of the following four presentations: (1) "Preserving…

Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required;…

Asserts that, until the middle of this century, there were relatively few laws affecting educator or student rights and responsibilities. Provides an overview of the origins and expansion of federal legislation related to school law since the 1950s. (CFR)

The American Association of University Professors' report on intellectual property rights summarizes federal copyright law on issues that concern faculty: ownership; commercialization; revenue distribution; works created for colleges and universities; fair use; traditional, electronic, and multimedia materials; Internet/World Wide Web; digital…

This paper argues that courts have tended to identify and enforce individual rights at the expense, in many instances, of the ability of school boards and legislatures to carry out what they perceive to be the will of the majority of voters in their jurisdictions. The trend emphasizing individual rights began in 1954 with the Supreme Court…

Despite differences among state laws authorizing collective bargaining, and despite the variety of administrative and legal structures that enforce collective bargaining rights and obligations, a considerable degree of consensus has evolved throughout the states. Accordingly, this chapter highlights the major features of the law with respect to…

Except in matters of obvious race and/or sex discrimination, teachers in Catholic and other private schools have fewer Constitutional rights than public school teachers have. Contract law, rather than Constitutional law, governs most teacher employment situations in Catholic schools. An awareness of its implications, together with pastoral (moral…

This publication consists of papers delivered at a 1986 preconference workshop of the Canadian Education Association. "Recent Legislation and Emerging Trends," by Duncan Green, identifies common themes in three recent pieces of school legislation in Ontario. The second paper, by Judith Anderson, assesses "Trends and Implications for…

A number of legal issues are involved in conducting a drug testing program to determine whether students--and occasionally teachers--are using illegal drugs. Two legal issues have been raised concerning the accuracy of the urinalysis test: whether it is chemically accurate and whether appropriate procedures have been followed to make certain that…

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.…

The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are…

This manual focuses on legal issues confronting schools in the area of substance abuse and provides practical policy guidance to public school managers in enforcing a substance abuse policy. After a brief introduction, section 2 examines barriers to action, commenting on several myths affecting drug abuse policy. Section 3 deals with substance…