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)

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…

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…

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…

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 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…

Court decisions regarding the right of teachers to select instructional materials and methods show teachers have some authority, as do administrators and boards of education. None of the groups has limitless power. Offers guidelines to help prevent misunderstandings and conflicts. (MLF)

The purpose of this book is to answer questions regarding Illinois statutes, case law, and an administrative rules in force as of January 1, 1998. The book is designed for the lay men and women serving on school boards and in other official capacities, but it also answers legal questions commonly raised by teachers, parents, students, and others…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

Examines two related issues: the right of teachers to select instructional materials and to select instructional methods. Court decisions indicate that materials and methods must have educational value, relevance, and suitability to the age and maturity of the students. Prior administrative approval, while not necessarily required, is beneficial.…

The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no…

Teachers and coaches once held a special place in the hearts and minds of the American public; however, times have changed. Students are quick to question authority and parents are more willing to retain the services of an attorney to solve their problems. Elementary and secondary school physical education teachers are especially vulnerable…