This fifth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of the Illinois case presented, and the questions and answers that follow. The primary issue is whether the school district's adverse employment…

This article provides a tool to help instructors introduce students to the intersection of blogging and employment law. Section II provides source materials on the subject. Specifically, it presents a summary overview of: (1) the development of blogging and other forms of online user generated content; (2) the legality of terminating an at-will…

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

The authority of the First Amendment may transcend the strictures of its original wording, which limits it to proscriptions of federal government suppression of speech. Attempts by some courts to extend First Amendment authority to the workplace is clearly related to the growing criticism of unrestrained managerial dismissal power. The first major…

A Colorado superintendent allowed to resign for personal reasons later sued the district, claiming confidentiality provisions had been breached. The Colorado Supreme Court reversed lower court rulings favoring the district. The settlement agreement does not violate the First Amendment, but merely applies state law requiring people to keep their…

The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in…

Analyzes 240 First Amendment cases involving school administrator dismissals, focusing on each administrator's (alleged) behavior or situation leading to the court's decision. These cases disclose a substantial volume of behavior that is inexcusable, outrageous, self-destructive, and embarrassing. Many accounts illustrate the stress, ambiguities,…

This monograph reviews the law applying to defamation issues, cites various judicial decisions that affect colleges and universities, and offers guidance for minimizing the risk of defamation liability. It defines the two subclasses of defamatory statements: first, libel, which is a recorded or printed statement, and second, slander, which is…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…

Decisions made by federal and state courts during 1983 concerning higher education are reported in this chapter. Issues of employment and the treatment of students underlay the bulk of the litigation. Specific topics addressed in these and other cases included federal authority to enforce regulations against age discrimination and to revoke an…

These legal documents and discussions represent a variety of litigations concerning state statutes and federal regulations. Part A, "Preventing a Law Suit," offers suggestions for avoiding employee termination lawsuits and presents documents for teacher evaluation and for teacher termination and grievance hearings. "New and Emerging…