Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…

Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…

This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

This fifth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of the Illinois case presented, and the questions and answers that follow. The primary issue is whether the school district's adverse employment…

Author Perry Zirkel writes in this article that given the central role of law in special education, exemplified by the Individuals with Disabilities Education Act (IDEA), it is fitting that the literature is replete with refereed journal articles specific to the legal dimension of various key issues of professional practice. He feels, however,…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

Discusses Nebraska case involving efforts by parents to seek redress in federal court for their emotionally impaired daughter's difficulties with her band teacher; the parents claimed violation of the 14th Amendment, federal disabilities statutes, and state common law. Explains why the federal district court and Eighth Circuit rejected the…

Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…

On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…

Two recent federal court decisions side with school authorities. In both cases the judges held the plaintiffs liable for the attorney fees of the defendants. The author comments that this may reflect a partial changing of the federal courts' attitude, yet cautions schools to remain vigilant of student rights. (MD)

Introduces the following Counterpoint article on "Ex Corde Ecclesiae" ("From the Heart of the Church"), a document issued by Pope Paul VI in 1990 that provided guidelines for the operation of Roman Catholic colleges and universities. (PKP)

Discusses the case of a Missouri elementary teacher who was dismissed for allegedly immoral behavior. The court determined that her living with a man out of wedlock had not adversely affected her teaching and that her due process rights had been violated by the district. (IRT)

Two recent cases in which federal courts held plaintiffs liable for defendants' attorney fees illustrate the courts' impatience with students and parents lodging suits judged frivolous. The conclusion is that, while school authorities must remain sensitive to students' constitutional rights, caution is urged in taking complaints to federal court.…

After being accused of sexually harassing a student, a high school math teacher in New York was suspended with pay pending an impartial hearing. The district allowed the teacher to return to his classroom to collect his personal effects, which he had kept in boxes, desk drawers, and three filing cabinets, one of which was locked. He did not…

An elementary school teacher from Worcester, Massachusetts, was reprimanded and received a two-day suspension and a series of involuntary transfers after being reluctant to turn a case study (done for a college class) of a disturbed student in to her principal. Rights of privacy of public employees are discussed and Supreme Court decision in…