In the 2011-2012 school year, 8.5 percent of Washington's students were English language learners (ELLs). Although this was a slight decrease from the previous year, the number of ELL students in Washington state has increased by 11.0 percent since 2005-06. The Transitional Bilingual Instruction Act of 1979 funds the Transitional Bilingual…

School personnel need to know legal obligations to report criminal activity observed while performing their duties. This article analyzes civic responsibility and discusses specific North Carolina statutory and common law provisions applying to teachers, principals, and other school staff in certain circumstances. Some violations may be handled…

The demise of "Cook v. Hudson" stems from its failure to accord proper value to public school employees' constitutional right to select private schooling for children. Unjustified school board attempts to terminate the employment of staff enrolling their children in private schools will not survive the "Pickering"…

A case involving an African-American teacher's complaint about a (reassigned) building engineer's abusive and racist language went nowhere. Apparently, the mere use of foul language does not establish a Title VII claim; the custodian's sporadic comments did not create a sufficiently "hostile work environment." (MLH)

There has been little litigation since the Family Medical Leave Act's inception in 1993. This article highlights FMLA's scope of coverage, leave requirements, notice and verification, special rules for employees and local education agencies, employment and leave entitlements, and enforcement. Employers violating the FMLA may have to reinstate and…

Generally, support employees can be discharged only for statutorily created reasons, including incompetence, insubordination, immorality, and "good cause." School officials must know employees' rights under due-process and collective-bargaining rules and use objective evaluation criteria to avoid litigation and remedies for wrongful…

Districts are using employer/nonsalary-reduction contributions to 403(b) plans to recruit and retain key employees, reduce unfunded liabilities for unused vacation and sick pay, and lower the cost of severance-pay packages. Legal compliance "caution flags," nondiscrimination rules, and IRS auditing and correction procedures are outlined.…

Any complaint against a school employee regarding inappropriate physical punishment should be taken seriously by administrators and pursued vigorously by an investigating attorney. The standards (especially regarding probable cause and obtaining warrants) for investigating such allegations are less stringent than those imposed in criminal…

Educational leaders must be prepared to avoid discrimination against the increasing number of employed individuals infected with HIV/AIDS. This article provides a relevant literature review on protection for disabled employees. Statutory and case law is explored, including the Americans with Disabilities Act 1990. A case study in higher education…