Discusses substantive and procedural due process as required by the United States Constitution and interpreted by the Supreme Court, with particular reference to situations arising in educational environments. Covers interests protected by due process requirements, the procedures required, and some special considerations that may apply. (PGD)

Discusses some Supreme Court rulings that affect the rights of students and teachers. Includes discussion of the balancing test, due process, and equal protection. Offers five principles to guide administrators in interpretating the legal ramifications of school policy. (Author/WD)

Considers legal and programmatic issues involved in having juveniles or their parents make financial restitution for delinquent acts. Makes recommendations to school officials on using restitution as part of school discipline policy. Condensed from "A Legal Memorandum," May 1981, published by the National Association of Secondary School…

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)

This article reviews case law regarding the recovery of attorney's fees for counsel services prior to holding a special education hearing within the legal parameters of Public Law 99-372, the Handicapped Children's Protection Act of 1986. Implications suggest that schools should establish mechanisms to avoid costly legal involvements and states…

A New York City bar association's Special Committee on Education and the Law report outlines sound law and practice in the major issues in tenure: fair procedures in reappointment, tenure decisions, and tenure termination; claims of unlawful discrimination, confidentiality claims in tenure decisions; and the scope of judicial intervention. (MSE)

Cases involving public elementary and secondary education that were decided in state and federal courts from July 1984 to June 1985 are summarized in this review. The cases were selected on the basis of their relevance to contemporary problems in public schools, their definitiveness as articulations of existing law, and their reliability as guides…

This document presents survey questions concerning rights of students with disabilities in postsecondary education and the responsibilities and rights of faculty and staff. The survey is intended to provide necessary information about disability laws and recent legal decisions to faculty and staff in the context of increasing enrollment of…

This document presents a detailed explanation of Section 504 of the Rehabilitation Act of 1973 and its procedural requirements; sample procedural documents; highlights of the major differences among Section 504, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA); a flow chart of the accommodation…

This chapter reviews legislation and court litigation during 1986 that addressed the rights of handicapped students and employees. The most far-reaching legal activity occurred in the legislative arena, with the passage in 1986 of the Education of the Handicapped Act (EHA) mandating that services must be available for handicapped children between…

The purpose of this handbook is to help educators at all levels to recognize potential legal hazards in educational settings and to learn how to negotiate the slick roads safely. The focus is on school and classroom issues, not district-level topics. Legal basics are discussed in the context of both informal anecdotes about actual situations and…

This seminar workbook was compiled to aid practitioners in understanding the latest in civil rights law and tactics in representing school districts in civil rights cases. In a loose-leaf format, it contains articles and outlines by the faculty as well as decisions, sample pleadings, and legal texts. The workbook includes the following materials:…

This document presents one module in a set of training resources for trainers to use with parents and/or professionals serving children with disabilities; focus is on rights and responsibilities in the Individualized Education Program (IEP) process. The modules stress content and activities that build skills and offer resources to promote…

The Supreme Court in 1985 first addressed the issue of balance between a student's right to privacy as stated in the Fourth Amendment and school officials' need to maintain safety. This chapter summarizes the case, explores the meaning of the court opinion, and briefly discusses other issues. The case involved a 14-year-old girl (T.L.O.) whose…

Although the main purpose of a school district's evaluation system is to improve employees' performance, the evaluation procedures and the supporting documentation must also serve as evidence in the termination hearings of an unsatisfactory employee. Accordingly, this chapter provides practical advice to school administrators concerning…