This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

For public school student teachers and teachers, many situations can result in judicial proceedings. Educators must understand requirements mandated upon them by the country's courts and legislatures. Student teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. The…

The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are…

This manual focuses on legal issues confronting schools in the area of substance abuse and provides practical policy guidance to public school managers in enforcing a substance abuse policy. After a brief introduction, section 2 examines barriers to action, commenting on several myths affecting drug abuse policy. Section 3 deals with substance…

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…

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…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

Cases involving public elementary and secondary education that were decided in state and federal courts from July 1984 to June 1985 are summarized in this review. The cases were selected on the basis of their relevance to contemporary problems in public schools, their definitiveness as articulations of existing law, and their reliability as guides…

This book examines the sizable body of school law that outlines legally defensible decisions. A substantial part of it contains edited, reported, and verbatim decisions. Historical perspective is provided, as well as specific case and statutory law. Chapter 1 discusses sources of law for educators, state school board policies, attorneys-general…

Public school educators are aware that courts, over the last several decades, have played a significant role in establishing educational policy. This text attempts to address important issues in school law with an emphasis on those having an impact at the school-building level. Chapter 1 offers an overview of the sources of law and the court…

This document presents survey questions concerning rights of students with disabilities in postsecondary education and the responsibilities and rights of faculty and staff. The survey is intended to provide necessary information about disability laws and recent legal decisions to faculty and staff in the context of increasing enrollment of…

This booklet provides prospective and current Catholic school board members with basic information concerning civil law as it affects schools in general and Catholic schools in particular. Chapter 1 describes the two main types of Catholic school boards: consultative boards, in which the pastor of the diocese has final authority to accept the…