In eight chapters, this work emphasizes that collective bargaining activities fall within a framework of rules. Chapter 1 centers on constitutional rights and torts. Good faith bargaining is the focus of chapter 2. The activities of public employment relations agencies are discussed in chapter 3. Chapter 4 concentrates on resolving impasses. The…

This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

Areas of liability that relate to the daily practice of continuing education professionals are summarized. Areas of the law with the greatest potential for litigation involving the institution and its employees are identified, along with 16 preventive measures that protect the educational practitioner and institution from frivolous litigation yet…

Discussions of procedural due process, first amendment rights, sex discrimination, tort law, discrimination on the basis of handicap, and legal principles regarding athletic associations and conferences indicate the wide range of legal principles to which postsecondary athletic programs are subject. Sex discrimination is noted as a major issue in…

This chapter examines court cases reported during 1987 of tort claims involving school officials, employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. The most common tort alleged to have been committed by school personnel is negligence. Most negligence suits…

This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of…

This chapter examines cases reported during 1990 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Included are cases involving school officials, school employees, students, and in some instances others visiting school grounds. Tort…

This chapter examines cases reported during 1988 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Negligence is the most common tort alleged to have been committed by school personnel. In the area of products liability, the largest…

The rights of victims of crime or violence in school settings are analyzed in this book. The first chapter looks at the scope of the problem and outlines the rights already established for those accused of crimes. The second chapter focuses on efforts to make educational environments safe, including a 1982 amendment to the California Constitution.…

A nationwide controversy over the right of privacy has arisen as a result of companies probing into their workers' habits and health through such means as mandatory drug tests, electronic databases, and lie detector tests. The legal claims arising from these civil suits against employers for invasion of privacy have established precedents that are…

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,…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

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,…

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…

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…