Reviews the lack of student suspension research and defines due process. Presents statistical data on racial, gender, and social class discrimination in relation to suspensions. Schools need to review policies on due process, fair warning, proportionality and equal application, and nondiscrimination in relation to student suspensions. (MD)

This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

This paper examines objective and subjective fairness of due process hearings in special education disputes and reports findings from a study of parents' and school officials' subjective experience of the fairness of their hearings. Results showed that neither school officials nor parents felt positively about the experience. (Author/JDD)

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…

As of the fall of 1984, 40 states had by state mandate adopted some form of student minimum competency testing; 19 are or will be using test performance for the award of high school diplomas. In the other 10 states, local initiatives had implemented such testing programs on the school district level. Five states were using competency tests to…

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…

Presents a discussion of the legal context of evaluation systems upon which merit pay programs are based. Following the discussion of the law, a model merit pay program is presented. (MLF)

Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

Employment rights of part-time faculty and legal and collective bargaining issues are discussed, with attention to tenure rights and job security, due process, and equal treatment. The part-time faculty contract may provide some employment continuity by incorporating seniority provisions, access to fractional tenure, and other protective clauses.…

This pamphlet provides interpretive notes on the principles of student freedom originally developed by a 1967 joint committee representing five associations concerned with higher education. As a result of interassociation meetings in 1990 and 1991 the original statement was reaffirmed and a task force developed these interpretive notes to reflect…

This serial issue concerns itself with several conflicts between individual rights and allegedly wrongful acts that the Supreme Court has not considered previously. The articles on these topics illuminate the constitutional issues of equal protection, due process, and freedom of expression. Specific issues addressed include: (1) equal educational…

This monograph is a legal treatise covering all legal aspects of the evaluation of teachers. It looks at what can legally be evaluated, how the evaluation can become evidence for termination, and how to avoid and win lawsuits involving wrongful teacher dismissals. It is intended for practicing administrators, supervisors of instruction, teacher…

This monograph analyzes health and safety issues in education in terms of relevant constitutional and statutory provisions. Chapter 1, an introduction, summarizes Fourteenth Amendment equal protection and due process clauses and defines "handicapped" under the Rehabilitation Act. State assistance and student eligibility under the…