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Uerling, Donald F. – Spectrum, 1985
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)
Descriptors: Administrator Responsibility, Due Process, Elementary Secondary Education, Legal Responsibility
Partridge, Arthur R. – Colorado Journal of Educational Research, 1976
The author feels that school boards and administrators do have the power to govern their school systems provided they recognize that students have constitutionally guaranteed rights--(1) free expression, (2) due process, (3) privacy, (4) equality, and (5) quality education. (MB)
Descriptors: Administrator Responsibility, Civil Liberties, Court Litigation, Due Process
Peer reviewed Peer reviewed
Young, D. Parker – Journal of Law and Education, 1972
Descriptors: Academic Freedom, Activism, Administrator Responsibility, Due Process
Menacker, Julius – Phi Delta Kappan, 1981
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)
Descriptors: Administrator Responsibility, Court Litigation, Due Process, Elementary Secondary Education
Peer reviewed Peer reviewed
DeMitchell, Todd A. – International Journal of Educational Reform, 1995
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…
Descriptors: Administrator Responsibility, Documentation, Due Process, Elementary Secondary Education
Peer reviewed Peer reviewed
Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1988
Section 1983 of the U.S. Constitution provides individuals (including students) with the right to sue persons (including principals) acting "under color of law" for damages incurred in violation of their federal rights. This article examines two corporal punishment cases involving elementary school students involving possible due process…
Descriptors: Administrator Responsibility, Constitutional Law, Corporal Punishment, Due Process
Taylor, Kelley R. – Principal Leadership, 2001
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)
Descriptors: Administrator Responsibility, Constitutional Law, Court Litigation, Due Process
Peer reviewed Peer reviewed
Fleming, Helen – Journal of Higher Education Policy and Management, 1997
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)
Descriptors: Accountability, Administrator Responsibility, College Administration, Decision Making
Peer reviewed Peer reviewed
Goldstein, Burton B., Jr. – North Carolina Law Review, 1976
In Goss v. Lopez the Supreme Court held that public school students are constitutionally entitled to some form of due process protection before being totally excluded from the educational process "for more than a trivial period." Implications for administrators and the decision-making process are discussed. For journal availability see…
Descriptors: Administrator Responsibility, Constitutional Law, Court Litigation, Decision Making
Patterson, L. Brooks – 1976
The relationship between a school principal and the student, and the functions and responsibilities of each, are being controlled and dictated by the continuing involvement of the courts. Many complex and confusing legal questions have arisen because of this judicial intervention. Issues discussed include school violence and vandalism, student…
Descriptors: Administrator Responsibility, Court Litigation, Discipline Policy, Due Process
Bridges, Edwin M. – 1990
Featuring the same practical guidelines for ridding schools of incompetent teachers as the 1984 edition, this new edition incorporates substantially revised material on three topics: criteria and information sources for evaluating teaching effectiveness, remediation procedures, and grounds for dismissal. The book presents an eight-step systematic,…
Descriptors: Accountability, Administrator Responsibility, Due Process, Elementary Secondary Education
Reutter, E. Edmund, Jr. – IAR Research Bulletin, 1975
Discusses the U.S. Supreme Court's 1975 ruling that school officials are liable to civil suits when they violate a student's constitutional rights through "ignorance or disregard of settled, indisputable law." After examining implications of the decision, the author concludes that no unjustified burdens have been imposed on school officials. (JG)
Descriptors: Administrator Responsibility, Civil Liberties, Discipline Policy, Due Process
Peer reviewed Peer reviewed
Pearce, Alexis C. – School Law Bulletin, 1992
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…
Descriptors: Administrator Responsibility, Corporal Punishment, Dismissal (Personnel), Due Process
Tepper, Chester E. – 1975
Teacher dismissal is the culmination of a total process that involves hiring, evaluation, certification, and tenure. School administrators are advised to study the law, obey timetables, consult legal counsel, avoid interpreting law, proceed carefully, document all charges, and put important decisions in writing. Favorable decisions in dismissal…
Descriptors: Administrator Responsibility, Civil Rights, Due Process, Elementary Secondary Education
Peer reviewed Peer reviewed
Alberti, Charles E. – Clearing House, 1977
The enjoyment of the right of attending school is conditioned necessarily on compliance by pupils with the reasonable rules, regulations and requirements of the school authorities. Discusses the legal decisions that set the foundation for developing school discipline and responsibilities of administrators, educators, as well as school districts in…
Descriptors: Administrator Responsibility, Board of Education Policy, Court Litigation, Discipline Policy
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