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…

An overview is provided of the issues, procedures, and prevailing judicial rationale for faculty tenure decisions in the state of Washington. All legal cases decided in Washington and cases from other jurisdictions that have had an impact on Washington law are summarized in this digest. Each case summary consists of an introduction of issues…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

The most frequently cited causes for teacher dismissal are immorality, incompetence, and insubordination. The discussion in this chapter concerning these three causes encompasses the general judicial principles found in teacher dismissal cases. The discussion of dismissal for immorality focuses on three controversial areas of litigation: sexual…

Consists of 10 articles relating to various legal issues that could affect agricultural educators. Topics covered include (1) expectations for laboratory safety, (2) professional malpractice, (3) liability, (4) sex equity, (5) teacher rights and responsibilities, and (6) legal issues in supervised occupational experience programs. (CH)

The status of Australian law and policy concerning college faculty's intellectual property rights is examined briefly. A number of recent occurrences, some reflecting trends and some discrete events, are used to illustrate the legal and cultural circumstances that frame the discussion about intellectual property and academics. (MSE)

This paper addresses the legal issues surrounding a university or college's action of dismissing tenured faculty members because of the school's troubled financial condition or program discontinuance. It explores various legal principles through an examination of specific questions. These questions are: (1) How do the courts define financial…

The statement of the American Association of University Professors' Special Committee on Distance Education and Intellectual Property addresses the rights and responsibilities of faculty, institutions, and third parties in the current volatile, highly entrepreneurial environment of distance education. A statement on copyrights is included. (MSE)

Reviews some legal and procedural guidelines pertaining to freedom of expression and due process in how teachers and administrators handle student verbal or symbolic threats. Reviews school cases related to freedom of expression, written expression, verbal or written expression off school property, and Internet expression. Offers recommendations…

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…

Section 1983 of the Civil Rights Act, providing for legal action to redress deprivation of constitutional rights by agencies of the state, has become a popular medium for remediation of alleged substantive and procedural wrongs by school officials. The success of Section 1983 actions against public schools has led to attempts to extend such…

Court litigation and decisions concerning the conflict between first amendment rights of free speech for United States citizens and the rights of controversial international figures, invited by college faculty to speak on campus, are discussed and compared. (MSE)

Changing the program structure of a higher education institution requires careful attention to existing and developing legal rights, especially in the areas of faculty contracts, student contracts, and program-related decisions. (Author/MSE)

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…

This paper provides legal information about the role of physical conduct in student-teacher, teacher-teacher, and administrator-teacher roles. The two legal theories that pertain to physical conduct in the schools are found in Title IX of the Education Amendment of 1972 and 42 U.S.C. (1983) for violations of due process and equal protection…