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…

Legal employment test precedent cited by courts and employment-related law cited by plaintiffs during teacher certification test (TCT) decisions are discussed to determine their pertinence to test content validity issues. The two main documents involved in such litigation are the "Uniform Guidelines on Employee Selection Procedures"…

A nationwide controversy over the right of privacy has arisen as a result of companies probing into their workers' habits and health through such means as mandatory drug tests, electronic databases, and lie detector tests. The legal claims arising from these civil suits against employers for invasion of privacy have established precedents that are…

This document includes a case summary and the Supreme Court Justices' opinions on Crawford vs Board of Education of the City of Los Angeles. The Crawford case concerned the constitutionality of Proposition 1, a State constitutional amendment ratified by California voters to stop mandatory pupil reassignment and busing within the Los Angeles…

While the law governing the definition of educational adequacy is still evolving, partial definitions can be gleaned from various state and federal laws and regulations prescribing standards for schools and from judicial interpretations of constitutional and statutory provisions. This document presents the results of such an analysis. After…

Decisions made by federal and state courts during 1983 concerning the liability of schools, school districts, school boards, or school employees in tort cases are reported in this chapter. Torts are civil causes of action based on noncontractual legal responsibilities that individuals have to avoid harming or injuring another's person, property,…

This paper explores major historical changes in public school values from colonial times to the present and describes the ways such changes have affected private education. Emphasized are values based on religious premises, values that affect the religious beliefs of others, and the impact of both types of values on decisions to leave public…

The U.S. Supreme Court case of Gary E. Widmar, et al., versus Clark Vincent, et al., is presented. The question addressed is whether a state university (University of Missouri at Kansas City), which makes its facilities generally available for the activities of registered student group (evangelical Christian group, Cornerstone) desiring to use the…

The way that college faculty and institutions are affected by financial exigency is examined through a study of case law. Selected cases demonstrate the legal principles involved when faculty are dismissed and seek relief in the courts. Cases concerning private colleges relate to tenured faculty, because nontenured faculty in private have legal…

Case law and the rulings of the National Labor Relations Board involving unit placement of religious faculty are reviewed. The rulings have been criticized by Roman Catholic religious orders as arbitrary, capricious, illogical, and illegal. Faculty unions wishing to exclude religious faculty from the bargaining unit have cited conflict of interest…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

Reviews court cases in which parents challenged school practices on religious grounds. Puts particular emphasis on recent attempts to make the curriculum conform to religious views. (Author/JM)

The 1978 amendments to the Age Discrimination in Employment Act (ADEA) and their effect on college and university retirement practices are discussed. Lobbying efforts of higher education associations, an analysis of case law under ADEA prior to 1978 amendments, and major issues facing college counsel and administrators are reviewed. (MLW)

The history and operation of Executive Order 11,246--which prohibits racial discrimination by employers who are federal contractors--are examined, and fundamental constitutional issues, raised in recent decisions regarding the order, are explored. Topics include obligations imposed, sanctions for noncompliance, and validity of the affirmative…

Discrepancies between court and professional association views of licensing examinations are discussed. Litigation associated with Title VII of the Civil Rights Act of 1964 and constitutional law is considered. Courts should examine professional standards and apply those that are consistent with the court's determination of the proper…