Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and…

For decades, the instructional field trip has been viewed as a strategy to enhance students' learning experiences. Yet what happens when an award-winning teacher is accused of choking a student while on a field trip? Tempers flare among community members, parents contact the police, and the principal is assigned the daunting task of investigating…

This book was designed to serve as a legal resource for secondary and elementary school teachers and prospective teachers. Specifically, the book helps teachers become aware of their legal rights and responsibilities in order to avoid violating others' constitutional and statutorial rights in the classroom, and to assert their personal and…

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…

The legal aspects and policy implications of Catholic University's withdrawal of a tenured faculty priest's ecclesiastical license to teach theology, in response to a Vatican judgment, are examined. (MSE)

In conjunction with efforts to make more widely known the trend towards decomposition of the tenure system in American colleges and universities, the American Federation of Teachers (AFT) has examined conditions of full-time nontenure track faculty, part-time/adjunct faculty, graduate employees and new categories of academic professional staff…

Collective bargaining is the process of negotiating and administering a contract agreement between a union and the employing organization. Although the specific provisions of collective bargaining agreements vary from one school to another, the collective bargaining process, and negotiated contract generally, address the following issues:…

Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required;…

Asserts that, until the middle of this century, there were relatively few laws affecting educator or student rights and responsibilities. Provides an overview of the origins and expansion of federal legislation related to school law since the 1950s. (CFR)

The American Association of University Professors' report on intellectual property rights summarizes federal copyright law on issues that concern faculty: ownership; commercialization; revenue distribution; works created for colleges and universities; fair use; traditional, electronic, and multimedia materials; Internet/World Wide Web; digital…

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…

The most significant change appearing in the collective bargaining area in 1989 was the drop in number of cases compared to recent years. The largest number of cases challenged the specifics of fair share fee level establishment and the processes in place for collection of fees. There were also a significant number of cases surrounding issues of…

This chapter covers the nearly 230 cases reported in 1988 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…