This booklet provides answers to 12 questions about the rights and responsibilities of child care providers in California concerning the issue of child abuse. The questions are (1) Who is a "Child Care Custodian?" (2) How do I decide whether or not to report? (3) How do I recognize 'abuse' and 'neglect'? (4) How and when should I tell…

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

This synthesis of current attitudes on academic freedom as defined by lower court and Supreme Court cases describes the (1) framework in which academic freedom operates, (2) powers and limitations of state legislatures and school officials in defining the curriculum and setting policy, (3) rights and limitations of teachers in making curricular…

When performance problems arise with a tenured teacher, the principal has the following obligations: (1) determine the extent and cause of the problems; (2) devise a remediation strategy; (3) respect the teacher's due process rights; and (4) maintain written documentation. (MLF)

Administrators must understand the type of evidence called for in a teacher dismissal hearing and set up procedures for gathering the evidence. Offers guidelines on the following sources of evidence: (1) school records; (2) evaluations; (3) recordings; (4) eyewitness accounts; (5) photographs; (6) policies and rules; and (7) direct testimony. (MLF)

Addressed to teachers, administrators, resource and referral workers, and substitutes, this booklet offers advice about finding and retaining good substitute child care workers. Sections concern (1) causes of the "crisis" in substitute care, including the expansion of child care, provider turnover, shortage of elementary school teachers,…

Garland Independent School District (Texas) has a clear-cut policy of free choice regarding union membership and has placed firm restrictions on union activities during shool hours. The Fifth Circuit Court of Appeals recently upheld these restrictions but struck down a superintendent's claim that teachers' private communications violated district…

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…

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…

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…

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)

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and…

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

Intended to provide school officials an understanding of the legal aspects of common religious liberty and church-state questions in the public school context, this pamphlet attempts an objective summary of the current status of church-state law as it applies to the public schools. The document seeks to catalogue objectively the law as found in…

This comprehensive guide to the procedures and techniques of collective bargaining contains information on all phases of negotiations: the process, the players, preparation, face-to-face bargaining, impasse resolution procedures, and contract administration. It is predicated on the view that school board members and administrators should master…