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…

In a lawsuit brought by six Virginia public university professors, a federal district court ruled that access to Internet material for academic purposes was a matter of public concern and that plaintiffs' interest in that material outweighed the state's regulating interests. The Fourth Circuit's reversal gave the state extensive authority over…

This book discusses personal safety issues of concern to teachers, offers common sense rules, and provides information about crime and violence. Chapter 1, "Recognizing the Problem," discusses characteristics of violent schools, myths about school crime, teachers' right to know, denial and under-reporting, and discovering problem sources. Chapter…

This study investigates how informed New York State middle school teachers (N=190) in public schools are about school law and case law which impacts on them in their professional roles. The study focuses on four areas: teacher rights and responsibilities, student rights, instruction, and health and safety. In addition to assessing subjects'…

In problems pertaining to faculty dismissal, public higher education institutions are subject to both constitutional and contractual constraints, whereas private schools are subject almost solely to self-imposed contractual limitations. In public institutions, teachers alleging termination for protected free speech bear the burden of establishing…

America's legal-educational history is filled with scores of cases of alleged radical teachers who have been legally excluded or removed from public school positions. Only a few of these cases have involved the First Amendment issue of inclass utterances by radicals. Such cases are significant because they highlight the established society's…

The dismissal of public school teachers in Oregon is governed by the Fair Dismissal Law. The statutory requirements of the law involve (1) a notice from the superintendent of intent to dismiss, (2) school board approval of dismissal, (3) the teacher's right to appeal to the Fair Dismissal Appeals Board (FDAB), and (4) the school board's and…

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…

School board members from 50 states have in common the United States Constitution and the legal principles announced by the federal courts in response to that Constitution. New board members are usually concerned with the rights of teachers, parents, and students. Starting with student rights, student conduct that involves freedom of expression…

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…

Although the law has been the vehicle for launching school-reform efforts, little attention has been paid to the ways in which legal mechanisms enable or constrain effective school reform; however, law-based school reforms (lawsuits, regulations, statutes, and collective-bargaining provisions) have not changed the fundamental character of the…

The Capital Area School Development Association, New York, sponsored a school law conference to fulfill a need in the region for school board members and administrators who desire to maintain and improve their knowledge in the area of school law. This document contains the text or outline of the following four presentations: (1) "Preserving…

This chapter covers over 200 cases reported in 1990 involving precollegiate, public-sector employees. Those cases where procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. Unlike many years in the past, 1990 saw no Supreme Court cases related to school employment. As in previous years, the…

The number of reported cases dealing with collective bargaining increased for the second consecutive year. While there was a significant amount of litigation, including one Supreme Court case, the courts relied on established precedents in deciding the many different issues confronting them. The review addresses the following topics at the K-12…

This chapter covers the nearly 220 cases reported in 1989 involving precollegiate, public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. As in previous years, the section on dismissal, nonrenewal, demotion, and discipline has the greatest…