Included in this report is the complete text of the Cabinet Council on Human Resources (CCHR) memorandum entitled "Disorder in Our Public Schools," also known as the Bauer Report. The memorandum argues that the quality of public education in the United States is threatened by pervasive disorder in the schools. It also claims that school…

The basic requirements for fair school disciplinary proceedings were set down in the Supreme Court decision of Goss v. Lopez. The requirements are that students be given oral or written notice of both the nature of the rule (violation of which will result in punishment) and the nature of the specific violation and the intended punishment. In…

This compilation cites the legal provisions of Part 30 of the California Education Code relative to special education programs; Chapter 1 of Division 3 of Title 5 of the California Code of Regulations relative to special education for children with disabilities; and other parts of the Education Code, Health and Safety Code, Government Code, and…

After a review of the legal foundations of school governance and specific protection offered handicapped students by federal legislation, this report focuses on Oregon regulations and practices and outlines recommendations for appropriate disciplinary procedures for students categorized as handicapped. Since the Education for All Handicapped…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

The dismissal of public school teachers in Oregon is governed by the Fair Dismissal Law. The statutory requirements of the law involve (1) a notice from the superintendent of intent to dismiss, (2) school board approval of dismissal, (3) the teacher's right to appeal to the Fair Dismissal Appeals Board (FDAB), and (4) the school board's and…

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…

A panel of four education experts selected the 15 most important court cases of 1990 in the field of special education, based on review of approximately 100 reported decisions. The cases deal with attorney's fees, the need to exhaust administrative remedies before taking discipline cases to court, least restrictive environment, reimbursement for…

This document contains case citations for 1996 in areas pertaining to school administration. The cases are categorized according to the topics of negligence, workers' compensation, administrator due process, discrimination against school administrators, and discrimination in hiring teachers for administrative positions. Negligence cases cover…