Supreme Court decisions made during the previous and present terms as well as some that will be rendered next term are discussed. Among the cases, the following are of particular relevance to school board members. In "Memphis Community Schools v. Stachura" the Court declared that damages based on the "value" of constitutional…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

The State of Alaska and many other states are concerned with the issue of public funding of private institutions. Alaska's State Tuition Equalization Program was ruled unconstitutional in 1976; currently there are no grants programs for students wanting to attend public and private institutions of higher education. The importance of federal and…

Law books and their use by educators, primarily graduate students of education, are described. Exercises are also presented to introduce the student in education, and in particular in school administration, to some of the main classes of legal materials that will be addressed in a course in school law. The exercises are designed to familiarize the…

Designed for use by local lawyers and law students who agree to serve as resource persons in secondary school level law-related subjects, this guide has two main goals: (1) to provide law personnel with a brief summary of the law and sample cases for student use on topics of general interest, and (2) to introduce students to a sampling of the…

Major issues concerning the negotiation of a collective bargaining contract on February 1, 1981, at the National Autonomous Associations of Academic Personnel of the University (AAPAUNAM), the first legally authorized bargaining agent of the faculty. The contract was negotiated under terms of the recently enacted amendments to the federal…

Various legal issues associated with teacher evaluation and significant court decisions are summarized in this handbook. Three major legal issues are defined: (1) failure of the school district to follow due process when terminating tenured and non-tenured teachers, or when abolishing positions; (2) discrimination in employment and promotion, or…

The issue of whether scientific research is included within the system of protected expression afforded by the first amendment is addressed. Examined is the applicability of constitutional doctrine to state action to prohibit, burden, or decline to fund research because the area of inquiry itself is considered inappropriate or suspect. (AF)

The review of judicial cases and decisions concerning higher education in 1991 looks at trends and developments in litigation addressing institutional powers, the First Amendment, tort liability, institutional contracts, immunities, access to records and meetings, funding, employment, adverse academic and disciplinary decisions, discrimination…

This case is about the clash between traditional community values and multicultural values in the context of same-sex couples at a high school prom. Within this context, a new principal must deal with competing personal and professional values, as well as the competing divergent views of district level administrators, school board members,…

The Fourth Amendment protects an individual's justified expectations of privacy against unreasonable government intrusions; however, reasonable intrusions are allowed when legitimate governmental interests are served. This volume is intended to provide guidelines for school administrators on how to conduct searches and seizures in a manner…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

This handbook summarizes current legal doctrine, state statutes, and federal and state regulations regarding the treatment of public school pupils in Wisconsin. It reports on court decisions that are binding in Wisconsin and those from other courts around the country that illustrate how pupil issues have been handled in other jurisdictions. After…