The UN Convention on the Rights of the Child (UNCRC) recently had its 30th anniversary. Emerging from the United Nations General Assembly in 1989, it has since become the most ratified international human rights treaty ever. Most European countries ratified it and are thus obliged to ensure the implementation of children's rights in practice.…

What is the scope of First Amendment free expression rights of public school employees and students? Following a long period with no Supreme Court rulings pertaining to public employee or student speech, the Court since 2006 has delivered significant opinions in this regard. These decisions continue the trend of narrowing the circumstances under…

Section 1983 of the Civil Rights Act, providing for legal action to redress deprivation of constitutional rights by agencies of the state, has become a popular medium for remediation of alleged substantive and procedural wrongs by school officials. The success of Section 1983 actions against public schools has led to attempts to extend such…

The increased presence of drugs and weapons in schools has forced school officials to step up searches of students, lockers, and school property. The landmark case of "New Jersey vs. TLO" set standards concerning reasonable suspicion and reasonable searches. School officials must be familiar with recent court opinions on student…

This paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses teachers' rights to private and public speech. Specifically, it examines the rights of special-education teachers and other special-education professionals to advocate, privately or publicly, on…

This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and…

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…

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…

To assist school personnel in understanding current application of the law, provide an awareness of rights and responsibilities, motivate educators to translate basic concepts into actual practice, and generate an interest in further study of the law, this text is presented. Legal issues involving the rights of students and teachers in daily…

The principal is faced with myriad legal issues on a daily basis, making it imperative that he or she keep abreast with developing legal issues. The first of four sections, "Students and the Law," surveys federal statutes and landmark Supreme Court decisions pertaining to the rights of students. It addresses legal issues regarding search and…

This first chapter of "The Yearbook of School Law, 1986" summarizes and analyzes over 250 state and federal court decisions handed down in 1985 affecting the legal rights of employees of public schools and state education agencies. Among the topics examined are discrimination on the basis of race, religion, sex, national origin, age, and handicap;…

This volume summarizes and analyzes judicial decisions affecting educational policy and management that were handed down in 1986 by state appellate courts and federal courts. The book is divided into the following eight topical chapters, each written by one or more experts in education law: (1) "Employees" by Gail Paulus Sorenson; (2) "Bargaining"…

This chapter analyzes more than 200 cases reported in 1986 involving public-sector employees in elementary and secondary education. Also included, where appropriate, are relevant 1986 Supreme Court cases from outside the field of education, as well as leading cases from prior years. Legal issues covered by the review include the following: (1)…

These legal documents and discussions represent a variety of litigations concerning state statutes and federal regulations. Part A, "Preventing a Law Suit," offers suggestions for avoiding employee termination lawsuits and presents documents for teacher evaluation and for teacher termination and grievance hearings. "New and Emerging…

This publication is designed to encourage and assist those who seek to improve school systems through the improvement of school laws. This is a revised edition of "Know Your School Law," Bulletin 1952 No. 1, by Dr. Ward W. Keesecker, and is part of the Office of Education program to develop a clearinghouse of timely and useful information on…