A survey of 296 Chicago educators' attitudes toward judicial decisions affecting civil rights found that (1) attitudes among educators vary considerably, and there is at least as much variation among non-Whites as among Whites; and (2) educators are more conservative than the courts on issues affecting students. (KH)

The potential for wrongful discharge of an employee based on false accusations has increased. Suggests guidelines for policies and procedures of district investigations if stigmatizing accusations against an employee could ruin a career even if they are found to be false. Reviews two recent cases. Suggests possible nonjudicial remedies available…

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)

Surveys court decisions and constitutional challenges by homosexual teachers faced with job terminations. Provides nine guidelines for use by school officials. The primary concern of boards assessing a teacher's fitness should be the educational competence of the teacher and the possibility of actual harm to students resulting from the teacher's…

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…

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…

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;…

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…

Supreme Court decisions made during the previous and present terms as well as some that will be rendered next term are discussed. Among the cases, the following are of particular relevance to school board members. In "Memphis Community Schools v. Stachura" the Court declared that damages based on the "value" of constitutional…

The principal is faced with myriad legal issues on a daily basis, making it imperative that he or she keep abreast with developing legal issues. The first of four sections, "Students and the Law," surveys federal statutes and landmark Supreme Court decisions pertaining to the rights of students. It addresses legal issues regarding search and…

This first chapter of "The Yearbook of School Law, 1986" summarizes and analyzes over 250 state and federal court decisions handed down in 1985 affecting the legal rights of employees of public schools and state education agencies. Among the topics examined are discrimination on the basis of race, religion, sex, national origin, age, and handicap;…

This volume summarizes and analyzes judicial decisions affecting educational policy and management that were handed down in 1986 by state appellate courts and federal courts. The book is divided into the following eight topical chapters, each written by one or more experts in education law: (1) "Employees" by Gail Paulus Sorenson; (2) "Bargaining"…

This chapter analyzes more than 200 cases reported in 1986 involving public-sector employees in elementary and secondary education. Also included, where appropriate, are relevant 1986 Supreme Court cases from outside the field of education, as well as leading cases from prior years. Legal issues covered by the review include the following: (1)…