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 chapter examines cases reported during 1990 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Included are cases involving school officials, school employees, students, and in some instances others visiting school grounds. Tort…

This chapter examines cases reported during 1988 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Negligence is the most common tort alleged to have been committed by school personnel. In the area of products liability, the largest…

Legal methods and related case law that can be used by public higher education administrators to deal with intrusions by outsiders onto the campus are examined. The following legal factors related to control of campus access are addressed: risk management, police power, general trespass, school related trespass/loitering statutes, First and…

An award-winning law student article discusses the implications of a court decision concerning the legality of student searches on campus and the need for institutions to review their policies and attitudes toward increased scrutiny of student life. (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 brief provides an overview of three recent state court cases in Alabama, Wyoming, and Ohio that uniquely address the constitutionality of state special education finance systems. In each case, the courts found the special education finance systems to be unconstitutional due to inequitable or inadequate funding for children with disabilities.…

Constitutional doctrines (First Amendment religious clauses and Fourteenth Amendment equal protection clause) and factual issues are discussed, including: policies and procedures for recognition of student groups, facilities accessibility for students, literature distribution on campus, student activities accounting, and nonstudent speaker…

Recent appellate court decisions concerning private social clubs, unreported decisions brought by fraternities, and developments in related case law have strengthened the position that college social fraternity chapters at public colleges and universities may claim a full range of legal protections under the constitutional doctrine known as…

The almost universal doctrine of charitable immunity was traditionally justified at one time because of the altruistic nature of charities. The reasons for abolition of charitable immunity in most states have generally been two-fold: (1) charities are no longer low-budget, marginal operations; (2) the risk of crippling verdicts can be minimized…

This discussion of the special legal status of the University of Minnesota, known as constitutional autonomy, defines this status, states the rationale for the principle, and describes the relevant territorial act and constitutional provision. The main part of the legal analysis examines Minnesota court cases which addressed the issue of the…

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…

The rights of victims of crime or violence in school settings are analyzed in this book. The first chapter looks at the scope of the problem and outlines the rights already established for those accused of crimes. The second chapter focuses on efforts to make educational environments safe, including a 1982 amendment to the California Constitution.…

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…

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…