The monograph is intended to help school psychologists understand the special procedures, techniques, and considerations necessary for providing effective courtroom interventions, specifically expert testimony and written reports. Beginning with an explanation of lay and expert witnesses, the monograph goes on to stress the importance of pretrial…

Problems involved in due process procedures center on low morale, high expense, and paperwork. Possible approaches to remedying problems include establishing state impartial procedural safeguard panels, employing trouble shooters for children who need currently unavailable services, and using greater flexibility in monitoring local due process…

Explores sources of legal rights for students and personnel in private colleges and universities. Presents cases to illustrate the ways that federal courts have addressed campus due-process concerns at institutions accredited by the North Central Association. Concludes that due-process protections are generally lacking. (LAL)

Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

Examines Fourth Amendment legal issues involved in drug testing of public employees. Discusses several recent court cases involving probable cause and reasonable suspicion to determine appropriate standards for individual situations. Outlines implications for public employers. Blanket drug testing is not permissable, though job applicants have…

Higher education administrators planning for retrenchment should follow these guidelines: document the financial circumstances justifying retrenchment; devise a long-range financial plan; identify how and by whom retrenchment decisions are made; and know both the interests of and procedural protections available to faculty, staff, and other…

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…

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Lists guidelines to help department administrators reduce their liability and strengthen their position when faced with grievances or lawsuits. (AEA)

Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…

Discusses "no pass-no play" rules adopted by many state legislatures and local school districts that raise the academic standards students must meet before participating in extracurricular activities. Reviews two recent court challenges to the rules' constitutionality, focusing on due process, authority, and participation as a right or…

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…