Discusses barriers to effective teacher supervision that unwittingly protect and tolerate poor performers. Presents a template for writing legally defensible disciplinary memoranda that document efforts to help teachers improve performance and justify termination, if necessary. Discusses accountability tools, including performance indicators…

Two legal theories inspire suicide-related lawsuits: tort claims of negligence and constitutional claims based on due process. A well-known case illustrates a middle-schooler's suicide and a district's negligence. Liability factors include duty, foreseeability, special relationship, danger creation, and immunity/contributory negligence. (MLH)

For over a decade, school administrators and school attorneys have been struggling with the appropriate procedures to follow in disciplining public school children. Many articles have been written concerning due process. This publication focuses not on the legal history of school discipline cases, but on the implementation and administration of…

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…

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…

This paper argues that natural justice principles animating English procedural law and due process jurisprudence playing the same role in American law should be interpreted to protect the intrinsic values associated with fair disciplinary hearing. This approach demands that college students facing expulsion or suspension be afforded an impartial…

School administrators are challenged to maintain the delicate balance between protecting individuals' rights and ensuring the general welfare by maintaining a safe, secure learning environment. Legal principles and precedents governing restrictions on student appearance, privacy and procedural rights, harassment and hate crimes, and suicide are…

This article evaluates several possible legal standards designed to ensure that students with disabilities benefit from an appropriate education. Specifically, schools may need to consider student dropout as a change in placement, afford these students various due process procedures, and regard dropout prevention as a related service. (DB)

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…

Principals should protect their teachers from taking unnecessary verbal abuse from angry parents. Teachers should not go into a conference unprepared but should be trained in effective presentation skills and backed up by supporting documentation, a definite agenda, and adherence to proper procedures. Maintaining silence or "neutrality" is…

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 primary objective of a school district's teacher evaluation system is to improve teachers' performance so they can become more successful and contribute to district goals. If the evaluation fails to produce this result, the teacher must be replaced either by resignation or termination. To provide support for the principal and help ensure fair…

In a case involving an injured football player, an 11th Circuit judge viewed a coach's refusal to stop a fight as corporal punishment. Federal courts in five circuits have ruled that excessive corporal punishment violates the Due Process Clause if it is so brutal and harmful that it shocks the court's conscience. (MLH)

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

This chapter reviews court decisions in education during 1986 that addressed issues related to student rights and the jurisdiction of schools with respect to pupils. The first section of the review covers the issues of public school assignment, tuition, transportation, and compulsory attendance. This is followed by short discussions of cases…