The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…

Unforeseen forces are at work in higher education today. The purpose of this article is to explore the issues involved in the changing landscape. Decisions are and will be made that impact the intellectual property rights of faculty. It is important to be cognizant of the factors involved and alert to possible ramifications. The basics of the…

Many of the recent legal decisions regarding public employee expression, particularly in electronic environments, run counter to the culture being facilitated by the Internet. This article uses a legal analysis to examine recent decisions and then considers those legal positions within the context of digital expression. (Contains 2 notes.)

The purpose of this national survey is to determine secondary school principals' knowledge of the rights of students and teachers, how often principals are legally threatened and sued, how they adjust their behaviors in response, and how they obtain and disseminate legal information. Survey results show that a majority of principals are uninformed…

In 2005, a total of approximately 2, 915 student teachers were placed for practicum purposes in Alberta's schools by the five Alberta universities which offer teacher preparation programs leading to the Bachelor of Education degree: the University of Alberta, the University of Calgary, the University of Lethbridge, King's University College, and…

This article explores common misbeliefs and misconceptions that many teachers have about the law of education, focusing on those that have the greatest potential to cause harm to schools, students, and teachers themselves. The myths fall into three categories: myths concerning the legal vulnerability of schools and teachers, myths concerning the…

Videos of teachers that students taped in secrecy are all over online sites like YouTube and MySpace. Angry teachers, enthusiastic teachers, teachers clowning around, singing, and even dancing are captured, usually with camera phones, for the whole world to see. Some students go so far as to create elaborately edited videos, shot over several…

This publication is designed to help teachers, nurses and paraprofessionals meet the challenges of dealing with children who have serious medical problems. It contains information on training, health and safety, and legal rights and responsibilities. Specifically, this third edition sets out to accomplish three goals: (1) to educate American…

In May 2006 administrators in the Austin, Texas, Independent School District learned that Tamara Hoover, an art teacher at Austin High School, was the subject of several explicit photographs that had been posted on Flickr, a public photograph-sharing website. Purportedly these photographs were posted on Flickr by the teacher's partner without her…

In this article, David Schimmel and Matthew Militello document the legal knowledge and training of teachers based on a survey of more than thirteen hundred K-12 respondents in seventeen states. The findings from this study suggest that most educators (1) are uninformed or misinformed about student and teacher rights; (2) have taken no course in…

Discusses the importance of being fully aware of the school district's, the state's, and the organization's rules, regulations, and laws affecting teachers, students, parents and guardians, and taxpayers regarding student organizations. (JOW)

Addresses concerns about school personnel records and legal precedents regarding privacy. Recommends inclusion in teacher education of content about teachers' privacy rights. Lists fair information practices for schools regarding the accuracy of and access to personnel records. (SK)

Reviews a number of court cases dealing with teacher liability and malpractice. Concludes that, in general, the courts recognize the constraints under which teachers work and want them to have the opportunity to work creatively without fear of litigation. (FL)

Public schools are unique environments where the rights and responsibilities of one individual or group can easily, if unintentionally, infringe on the rights and responsibilities of other individuals or groups. This can leave public school employees wondering about the nature and scope of their rights. While it is well established that public…

This article, written by two lawyers, defines defamation, discusses the basic law of defamation and stigma, and focuses on recent case law on this topic. The cases are only a sample of the numerous cases that school districts across the nation face on the issues of defamation and stigma. The following topics are included in the legal review: the…