A number of legal issues are involved in conducting a drug testing program to determine whether students--and occasionally teachers--are using illegal drugs. Two legal issues have been raised concerning the accuracy of the urinalysis test: whether it is chemically accurate and whether appropriate procedures have been followed to make certain that…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

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…

By analyzing contemporary literature, this paper posits a federal role in what is seen as a trend toward "normalizing" college faculty positions and shifting control away from state and local jurisdictions. Three factors are seen as contributing to this shift. The first is the government's role in funding the hard sciences which has, in…

The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are…

This manual focuses on legal issues confronting schools in the area of substance abuse and provides practical policy guidance to public school managers in enforcing a substance abuse policy. After a brief introduction, section 2 examines barriers to action, commenting on several myths affecting drug abuse policy. Section 3 deals with substance…

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…

This guide for school district administrators presents workshop materials for administrators' mutual training. The guide assists administrators in preventing lawsuits by teachers against the district for violations of the First Amendment right to freedom of speech. Section 1, the introduction, offers two objectives: to acquaint administrators with…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

The provisions of Romanian law regarding college faculty employment policy, rights and responsibilities, leaves of absence, governance, development opportunities, resignation and dismissal, remuneration, discipline, awards, and social security are summarizd. (MSE)

Classroom speech of public-school teachers is a messy subject with regard to the tension between various societal demands and basic rights of students, teachers, and others at school sites. The demands are not always consistent, and rights are subject to different interpretations depending on which court decision forms the underlying basis for a…

This short monograph details a simple system of documentation that can be used with any school district's personnel evaluation process. The goal of the monograph is to help supervisors, especially principals, accord fair treatment to employees who are systematically evaluated. The documentation system is founded on the concept of communication.…

In recent years the United States Supreme Court has ruled that the due process clause of the Fifth and Fourteenth Amendments protects the liberty and property interests of public school students and public employees. This guide examines the applicability to school boards and administrators of court decisions regarding due process proceedings.…

The concept of academic freedom originated in situations related to higher education. Although academic freedom may apply to professors, it is far from clear how, and even why, academic freedom applies to classroom K-12 teachers. This paper treats the balancing of teacher and school district rights in suits brought by teachers who claimed that…

This book is about the work of teachers in American secondary schools. It addresses the character of teaching as a job, teachers as workers, and schools as workplaces. The book's objective is to reexamine the character of schools as organizations and the implications for those working within these organizations. It draws on research from the field…