This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

Discusses the uncertainty surrounding the application of the First Amendment to electronic bulletin boards, listservs, electronic conferences, and other exchanges of electronic information at public colleges and universities. Applies the notions of nonpublic forums and designated open forums to the computer network. (MLF)

Student affairs professionals recognize that learning experiences transcend the classroom, and they have expanded the range of programs and services available to students well beyond the laboratory and lecture hall. The authors survey judicial opinions involving institutional liability for negligence and conclude that the expansion of educational…

Courts have been reluctant to interfere with the decision-making authority of local school boards. However, a reduction-in-force (RIF) decision can be legally challenged by a discharged employee with evidence that the school board has either: (1) acted arbitrarily or capriciously, (2) failed to comply with procedural mandates, or (3) utilized…

Legal challenges to state compulsory attendance laws have emphasized four interrelated constitutional claims. Under provisions of the free exercise clause of the First Amendment, parents have challenged the state's authority to require public school attendance in lieu of home instruction and private, religious organizations have refused to comply…

This publication is the 10th in a series of Educational Research Service monographs designed to summarize judicial decisions on elementary and secondary education issues. The cases included in this edition were selected from judicial decisions found in federal and regional reporters in the period from June 30, 1987, to June 30, 1988. Chapter…

This handbook is the 16th in the series of monographs designed to summarize judicial decisions on elementary and secondary education. The cases included in the book were selected from judicial decisions found in federal and regional reporters for the period July 1, 1993, to June 30, 1994. The cases provide a general overview of school law issues…

Legally sound assessment and selection processes in public schools must relate criteria to job requirements and must adopt procedures that are clearly articulated and uniformly applied to all candidates for a position. Legal challenges to school districts related to employment decisions can be grouped as allegations of (1) discriminatory practice,…

This monograph, the fifth in a series, contains summaries and discussion of selected state and federal court decisions handed down during the Supreme Court's 1981-82 term. The cases were selected on the basis of their relevance to contemporary problems in public school settings, their definitiveness as articulations of existing law, and their…

Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics…

Most state legislatures have either passed or taken under consideration for passage some minimum competency testing program. However, it is not clear that these legislative efforts will result in implementation programs that fulfill legislative intent. Throughout the United States legal challenges from students adversely affected by testing…

School administrators sometimes face circumstances in which student searches seem necessary in order to maintain discipline and provide a safe learning environment. This publication provides an overview of recent court cases related to student searches, in an effort to help school officials anticipate and avoid legal problems while they carry out…

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

Chapter 14 in a book on school law concerns the legal aspects of evaluating teacher performance. Careful analysis of recent decisions makes it clear the courts will compel uniform standards and unprecedented rigor in teacher evaluation practices. Particularly in the consideration of equitable standards, state and federal courts are relying on…

This monograph is designed to summarize judicial decisions on elementary and secondary education issues. Cases are drawn from federal and regional reports during the period beginning July 1, 1998 and continuing through June of the following year. The cases are selected on the basis of their relevance to contemporary problems in public school…