The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

The legal parameters concerning how and when to properly graduate special education students are examined, through review of the United States Constitution, the Rehabilitation Act, the Education of All Handicapped Children Act, and subsequent case law. Recommendations on how school districts can properly terminate services are also presented.…

This paper evaluates the Shannon versus Bepko case in which a university employee filed suit in federal court against four individuals in their official capacities as employees of Indiana University-Purdue. Defendants claimed the eleventh amendment barred actions against them in their official capacities. (DB)

Blogging is a widely used means of communication for millions of Internet users around the world. Blogs, which are Web sites or Weblogs where entries may be posted on a regular basis, frequently serve as online diaries or commentaries and may include text, images, and links to other sources. Diaries are no longer kept under lock and key. Today's…

Although religious beliefs of college students opposing abortion may be sincere, they must yield to the institution's need to decide what programs will serve the entire student body's needs. When the Supreme Court rules on a challenge to allocation of mandatory student fees, it will apply principles of religious freedom. (MSE)

Newly hired teachers regularly have questions about whether their lifestyles and actions outside of school could have repercussions on their career. Because they are expected to be role models for their students and thus held to a higher level of discretion than the general citizenry, educators have had restrictions placed on their living…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

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…

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…

A historical analysis of the laws surrounding college-fraternity relationships, governed by the first amendment to the Constitution, and the likely state of those laws following the 1984 Supreme Court decision in Roberts v. United States Jaycees, is presented. (MSE)

Reviews 1995 court decisions concerning free speech in colleges and universities, focusing on the Free Speech Clause of the First Amendment (educator speech, campus speech regulations, speech in public forum), religion clauses (Establishment Clause, Free Exercise Clause) and statutes (Religious Freedom Restoration Act, Equal Access Act). Concludes…

College union administrators should be careful about the use of facilities, particularly in public schools, because of the potential for legal liability. Institutions of higher education today are vulnerable to being sued in regard to issues of free speech, trespass, and religion. Areas of potential liability include (1) serving alcoholic…

Recent legal developments concerning college students and colleges and universities are summarized, with a focus on constitutional issues related to the rights of students to organize, the collection and allocation of mandatory student activity fees, and the protection of freedom of speech regarding commercial enterprises. The status of…