Based on a recent Supreme Court decision which allows schools to censor school-sponsored newspapers, this article offers guidelines to avoid legal challenges in this area. Questions raised by the decision regarding the extent to which school authorities may censor student newspapers and the amount of judicial interference in curriculum matters are…

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…

Dismissing a teacher for insubordination is usually acceptable to the courts when the teacher willfully defies reasonable and specific regulations and orders despite repeated and clear directives that such behavior must cease. (PGD)

Discusses the confusion on issues of teacher roles and collective bargaining resulting from the court case, "National Labor Relations Board v. Yeshiva University." Presents the possible implications from the perspective of teachers as well as administration. Outlines the "Toledo Plan," an Ohio program where a teacher governance…

Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by…

Discusses the "Yeshiva issue" from a management perspective critiquing Iorio's article and his assumption that the decision would serve as a "moderating influence." Points to the need for schools to increase teacher decision-making participation while ensuring a continuation of teachers' unions in collective bargaining. (MD)

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…

Tenured teaching staff member in New Jersey cannot be dismissed from their positions unless a board of education establishes just cause in a hearing before the Commissioner of Education. This pamphlet, designed to assist boards in filing dismissal proceedings for unsatisfactory tenured teachers, provides a comprehensive review of all recent tenure…

The University of Michigan vs. Scott Ewing case, in which a medical student who had not passed a required examination was dismissed, and the potential for legal pressure brought to writing teachers and writing programs are discussed. (MSE)

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…

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)

This handbook is the 16th in the series of monographs designed to summarize judicial decisions on elementary and secondary education. The cases included in the book were selected from judicial decisions found in federal and regional reporters for the period July 1, 1993, to June 30, 1994. The cases provide a general overview of school law issues…

Dismissals for ineffective teaching, as distinguished from insubordination, immorality, or improper treatment of students, are rare because standards of teaching against which to juxtapose an individual teacher's behavior have not been available. However, abstract performance standards for teachers are beginning to emerge from research on teaching…