This volume of seminar presentations covers a broad range of legal issues affecting public schools. The first chapter summarizes employee free speech developments since "Connick v. Myers" (1983), a United States Supreme Court decision upholding a district attorney's right to dismiss a transferred assistant for circulating a controversial…

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…

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…

Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and…

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…

This book was designed to serve as a legal resource for secondary and elementary school teachers and prospective teachers. Specifically, the book helps teachers become aware of their legal rights and responsibilities in order to avoid violating others' constitutional and statutorial rights in the classroom, and to assert their personal and…

The legal aspects and policy implications of Catholic University's withdrawal of a tenured faculty priest's ecclesiastical license to teach theology, in response to a Vatican judgment, are examined. (MSE)

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;…

The American Association of University Professors' report on intellectual property rights summarizes federal copyright law on issues that concern faculty: ownership; commercialization; revenue distribution; works created for colleges and universities; fair use; traditional, electronic, and multimedia materials; Internet/World Wide Web; digital…

The number of reported cases dealing with collective bargaining increased for the second consecutive year. While there was a significant amount of litigation, including one Supreme Court case, the courts relied on established precedents in deciding the many different issues confronting them. The review addresses the following topics at the K-12…

The most significant change appearing in the collective bargaining area in 1989 was the drop in number of cases compared to recent years. The largest number of cases challenged the specifics of fair share fee level establishment and the processes in place for collection of fees. There were also a significant number of cases surrounding issues of…

The amount of collective bargaining litigation remained high in 1988; however, there were no United States Supreme Court cases concerning collective bargaining in education, nor were there any new trends or developments. The review addresses the following topics at the K-12 level: (1) constitutional issues; (2) recognition and representation…

An increasing amount of case law dealing with collective bargaining in education was evident in 1987. The more than 100 cases cited indicate that educational employers and their unionized employees are increasingly resorting to the courts rather than resolving issues at the negotiation or arbitration table. However, there were no United States…

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…

The termination of unsatisfactory school employees is an ubiquitous and often expensive legal problem for school districts. This monograph was designed to help school attorneys and administrators in handling the termination process as fairly and efficiently as possible. The monograph begins with articles on documentation, evaluation, and…