Three educational malpractice cases and the issues arising from them are examined in this article. The cases are examined in terms of whether school administrators, teachers, and guidance counselors owe a legal duty to students to exercise the ordinary skill and competence of a reasonable and prudent member of their profession; whether educators…

This pamphlet considers students' right to privacy and the application of this right to the confidentiality of information disclosed to administrators and counselors. Privacy is also considered in regard to special problems associated with counseling students about drugs, contraceptives, sexually transmitted diseases, abortion, and possible threat…

This review analyzes case law in the area of student press and distribution and offers some guidelines for developing and implementing school policy and rules. Litigation is reviewed in order to clarify students' rights, limitations on administrative authority in matters of censorship and prior restraint, and actions in connection with writing and…

Although no lawsuits claiming educational malpractice have yet been successful, it is conceivable that educators and school systems will be held legally accountable for correctly diagnosing pupils' needs, placing them in appropriate instructional programs, and reporting their progress to parents or guardians. This bulletin briefly examines…

Defamation is a common-law claim for liability that encompasses "libel," which is the written form, and "slander," which is the oral form. School principals can be plaintiffs or defendants in defamation suits. Relevant case law provides illustrations of the various elements of defamation for both roles of the principal. Court…

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…

The documentary materials collected in this booklet deal with reproduction of copyrighted works by educators, librarians, and archivists for a variety of uses, including reproduction for teaching in educational institutions at all levels and reproduction by libraries and archives for purposes of study, research, interlibrary exchanges, and…

This monograph was designed primarily to provide a broad-scope treatment of case law involving public school issues. It summarizes judicial decisions that provide a general overview of school law issues for the practicing administrator, teacher, or school board member. The cases were selected from judicial decisions found in federal and regional…

This newsletter defines common law negligence, discusses recent trends in common law negligence, cites litigation, and establishes guidelines to assist school administrators in the avoidance of such tort action. The success or failure of a negligence suit most commonly turns on one of three factors: duty, breach of that duty, and proximate cause…

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…

The documentary materials collected in this booklet deal with reproduction of copyrighted works by educators, librarians, and archivists for a variety of uses including reproduction for teaching in educational institutions at all levels, and reproduction by libraries and archives for purposes of study, research, interlibrary exchanges, and…

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…

To help public schools minimize litigation, this newsletter recommends constitutional and legal training for public school officials and examines relevant court cases involving school official liability, intelligence tests, and religion in the schools. According to the authors, the Maine v. Thiboutot and Owen v. City of Independence cases…

When confronted with a student with acquired immune deficiency syndrome (AIDS), administrators must act very cautiously. In addition to the public relations and political problems asociated with students with AIDS, administrators are faced with the legal implications of their decisions; their actions, if uninformed, can result in monetary…

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…