Decisions made by federal and state courts during 1983 concerning the liability of schools, school districts, school boards, or school employees in tort cases are reported in this chapter. Torts are civil causes of action based on noncontractual legal responsibilities that individuals have to avoid harming or injuring another's person, property,…

The way that college faculty and institutions are affected by financial exigency is examined through a study of case law. Selected cases demonstrate the legal principles involved when faculty are dismissed and seek relief in the courts. Cases concerning private colleges relate to tenured faculty, because nontenured faculty in private have legal…

The history and operation of Executive Order 11,246--which prohibits racial discrimination by employers who are federal contractors--are examined, and fundamental constitutional issues, raised in recent decisions regarding the order, are explored. Topics include obligations imposed, sanctions for noncompliance, and validity of the affirmative…

Discusses school administrators' legal-affairs management responsibilities regarding legal advice, law versus ethics, and sources of law. Suggests strategies for retaining and managing legal counsel and avoiding situations involving litigation, torts, and conflict resolution. Explains general counsel services; outlines education,…

Today more than ever before, lay persons are being asked to share in the catechetical ministry of the Catholic Church by serving as catechetical leaders, catechists, and religious education board members. This handbook is designed to provide catechetical leaders and others involved in parish religious education with essential information about…

During the past year, in cases involving the authority of school boards to make curricular decisions and provide for services, the courts have balanced school board authority against constitutional and statutory provisions related to privacy, free exercise of religion, and public records laws. Section 1, "School Boards and Board Members," outlines…

One of a series of implementation documents prepared in conjunction with the revised minimum standards adopted in 1983 by the Ohio State Board of Education for elementary and secondary schools, this publication discusses the basic elements of a code of conduct for students that complies with the requirements set forth in the minimum standards.…

The revolutionary changes in the relationship between students and their colleges and the role of court litigation in crystallizing or bringing about social, political, and educational change are discussed. (MSE)

Focuses on judicial reception of schools' attempts to curb violence, particularly predatory violence and psychopathological violence. School responses have been to create violence-prevention policies based on punitive measures or punish offending behavior after it has occurred. Such reactions may result in finding that schools have abridged…

When considering the issues associated with addressing faith, spirituality, and religion on campus, it is important for student affairs professionals, especially those at public colleges and universities, to be cognizant of the associated legal issues. The Constitution protects the freedom of religious exercise and against the establishment of…

This monograph attempts to provide clear understanding of the standards presented by the Supreme Court in "New Jersey v. T.L.O." relative to search and seizure in public schools, and suggests practical ways of applying search and seizure law to situations in the school setting. ("T.L.O." are the initials of the anonymous…

This report on a preventive law institute held in Texas in 1981 includes an introduction, three papers, a summary of discussions, and a concluding statement. In the introduction Christiane Hyde Citron defines preventive law as decision making that takes constitutional and case law into consideration and that includes four basic steps: (1)…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…

Public university restriction of faculty expression on the institution's World Wide Web server is discussed based on recent Supreme Court decisions. It is proposed that in some circumstances, content-based restriction of faculty expression is permissible and will not violate the First Amendment academic freedom rights of faculty. (MSE)