Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

This study explores the elusive concept of "Quality of Life" of women teachers in Canada. It is clear that both gender and profession mediate quality of life and overlap in ways researchers are just beginning to understand. The experiences of men have been the yardstick against which women's progress in the teaching profession has been…

This booklet addresses responsibilities and rights of faculty interacting with postsecondary students who have disabilities and the legislation determining those responsibilities and rights. It focuses on the requirements of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. For each of the two laws,…

Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

The increased presence of drugs and weapons in schools has forced school officials to step up searches of students, lockers, and school property. The landmark case of "New Jersey vs. TLO" set standards concerning reasonable suspicion and reasonable searches. School officials must be familiar with recent court opinions on student…

Targeted by the "California Fact-Finding Committee on Un-American Affairs" in 1946, Frances Eisenberg subsequently was dismissed from the Los Angeles Public School System after 20 years of teaching. In 1947, the "Tenney Committee" introduced eight bills in the California legislature to prevent the teaching of controversial…

This paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses teachers' rights to private and public speech. Specifically, it examines the rights of special-education teachers and other special-education professionals to advocate, privately or publicly, on…

For decades, the instructional field trip has been viewed as a strategy to enhance students' learning experiences. Yet what happens when an award-winning teacher is accused of choking a student while on a field trip? Tempers flare among community members, parents contact the police, and the principal is assigned the daunting task of investigating…

In conjunction with efforts to make more widely known the trend towards decomposition of the tenure system in American colleges and universities, the American Federation of Teachers (AFT) has examined conditions of full-time nontenure track faculty, part-time/adjunct faculty, graduate employees and new categories of academic professional staff…

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)

This paper is a summary of a comprehensive work on the legal, social, educational, and political history of lesbian and gay teachers in U.S. society from colonial times to the present. Case law on homosexual educators is discussed, as are three major political campaigns that sought to prohibit homosexual conduct, activity or advocacy by school…

This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and…

Educators in four Canadian provinces were surveyed to determine their knowledge of rights in educational matters. There was considerable self-confessed ignorance among the 1,137 respondents, with only 5 of the 14 questions answered correctly by a majority. Differences in responses of rural and urban educators and teachers from denominational and…

For public school student teachers and teachers, many situations can result in judicial proceedings. Educators must understand requirements mandated upon them by the country's courts and legislatures. Student teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. The…