In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

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…

Discusses the application of Section 504 of the Rehabilitation Act of 1973 as a legal theory available to an employee of a public school system who faces isolation, transfer, suspension, or termination because of Acquired Immune Deficiency Syndrome (AIDS). Addresses AIDS in the workplace and the law. (MLF)

Presents a comparative examination of state statutory codes related to public educator termination, and an analysis of recent court cases involving hearing officers in public education termination actions. (68 footnotes) (MLF)

The purpose of this paper is to explore the due-process rights of public employees. These particular rights are grounded in the constitutionally protected liberty interest in one's good name and reputation. Both employers and employees should be aware of what parameters case law provides with regard to the dimensions of this due-process right and…

The 1985 United States Supreme Court decision in "Loudermill" established that public school employers may not dismiss employees who possess property rights in continued employment without due process of law. Examines the Supreme Court's decision, canvasses lower court decisions rendered since "Loudermill," and reviews the…

A majority of federal courts have dismissed lawsuits involving children injured at school and have held that the Constitution does not mandate that affirmative steps should be taken to protect a child. Deals with both the legal and practical issues involved with such a decision. Argues that public school officials have an affirmative…

This book is limited to a study of the education opinions of the Supreme Court during the time that Warren Earl Burger served as Chief Justice. Over 100 opinions having direct bearing on education were issued during the Burger years, a total greater than in the entire Court's history. The first chapter presents the history of the establishment of…

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;…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…

Sixth in a series providing a scope treatment of case law on a wide range of public school issues, this monograph reviews selected federal and state decisions handed down between June 30, 1982 and June 30, 1983. School board issues covered include at-large election, open meeting laws, and authority to close schools, reduce slaries, interpret…