University officials and faculty are frequently required to make decisions based on interpretations of disputed facts. By applying the concept of due process within the context of higher education, they can meet legal challenges of contract and constitutional law and the pedagogical demand for justice. To guide their efforts, decision makers can…

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)

Litigation is discussed in which courts have established principles of law governing student academic assessments relating to course grades, admission to degree programs, and expulsion from programs for academic deficiencies and whether these academic decisions impair student's constitutional and/or contractual rights. (MSE)

This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as…

This paper reviews the 45 due process hearings and court cases between 1993 and 1998 concerning parental requests for school districts to provide and/or fund the Lovaas treatment program for their young children with autism. It reviews previous legislative and legal definitions of a free appropriate public education and considers implications of…

Most educational reform cases proceed as class actions in which there is no single aggrieved plaintiff with clearly identifiable views, but rather an aggregation of individuals, often with conflicting preferences. This paper explores the problems presented in educational reform class actions where plaintiffs disagree over the remedial objectives…

Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required;…

Maintains that, although courts have ruled that poor people accused of crimes must be provided legal services, most court cases involve civil law. Presents a secondary school lesson in which students review 11 mock civil court cases and decide whether or not free legal counsel should be provided. (CFR)

Describes the case of a Harvard University (Massachusetts) faculty member denied tenure, focusing on the process by which tenure and promotion are decided behind closed doors, the nature and criteria for faculty evaluation for tenure, non-disclosure of tenure-committee membership, and principles of due process in this case. (MSE)

This book is designed to provide educators with comprehensive information about special education law, especially the Individuals with Disabilities Education Act (IDEA). Chapter 1 briefly reviews the history of special education. In Chapter 2 the specific rights of students to special education and related services are detailed. Chapter 3 outlines…

At the 1977 Educational Testing Service (ETS) Invitational Conference, the ETS Measurement Award was presented to Anne Anastasi. In view of the convergence of measurement and the law, the conference focused on six related issues. Barbara Lerner explored the screening procedures of American professional and graduate schools in "Equal…