Examines "Chicago Teachers Union v. Hudson," a United States Supreme Court decision guaranteeing non-union government workers specific protections of procedural due process that certain educational and teacher unions had failed to recognize. Decries the "Hudson" decision for separating labor law from laws governing the rest of…

This review examines factors impacting on substantiation rates for central registries of child abuse and neglect cases. Technical factors were not found to affect substantiation rates, though certain legal factors were somewhat associated with lower substantiation rates. The use of risk assessment models is recommended to improve rates without…

This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

Explores some legal issues and principles relevant to university administrators' decision-making processes, focusing on three areas: discretion (i.e., level at which a decision is made); procedural fairness (when it is required, what it applies to, rules, and biases); and review of decisions. Emphasis is on the Australian context. (MSE)

A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…

In cases of cheating, plagiarism, or violations of the law in dental education, a very high level of due process is required. University counsel can help administrators determine whether an accused student is professionally suited to dentistry by characterizing as many corrective actions as possible as academic under the rubric of "suitability to…

This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

Legal problems that colleges and universities might avoid are identified. Colleges are being sued over a broad range of legal issues and are expending money for legal and court fees, settlements, and judgments. Legal problems include right of admission to particular colleges, the right to stay in school, questions of faculty promotion and tenure,…

The practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…

A review of court decisions about teacher testing programs shows that tests must be equitable and fair, must not be used to discriminate by race or sex, and that adequate notice to teachers is required. (MLF)

This guidebook provides a general overview of procedures that may be followed in staff misconduct situations. Following the preface and introduction, part 1 contains four chapters that present information on general misconduct procedures, serious misconduct requiring immediate suspension, the presentation of a case at a hearing, and misconduct…

The second edition of this guidebook, written for principals and supervisors, provides a general overview of procedures to follow in staff misconduct situations. Following the preface and introduction, part I discusses general procedures for handling misconduct and includes guidelines for conducting investigations and school-level meetings. Part…

Discusses the "Cleveland Board of Education v. Loudermill" case, in which a security guard was dismissed for dishonestly completing an application without a chance to answer the charge or challenge his dismissal. Examines the United States Supreme Court ruling, immediate due process implications, unanswered questions, and lower court…

The U. S. Court of Appeals ruled that District of Columbia schools had not followed procedural requirements for the Education for All Handicapped Children Act. The Texas Supreme Court upheld the "no pass-no play" rule that requires students participating in extracurricular activities to meet academic criteria. (MLF)

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…