Each year a distinguished scholar or prominent leader is selected to present the Tomás Rivera Lecture. Named in honor of the late Dr. Tomás Rivera, professor, scholar, poet, and former president of the University of California, Riverside, the American Association of Hispanics in Higher Education (AAHHE) is continuing this lecture at its annual…

Reviews the July 1984 "Smith v. Robinson" United States Supreme Court decision that denied payment of attorney fees to parents of a handicapped child who successfully pursued a discrimination suit under the Education for All Handicapped Children Act (PL 94-142). (MD)

According to the American Tort Reform Association's (ATRA) survey of secondary school principals, concern about liability was cited for cutting back or terminating many activities. ATRA recommends some major legislative change including reform of the doctrine of joint and several liability, and placing limits on noneconomic and punitive damage…

Evaluated legal representation for children in child protection proceedings, using data from a random sample of cases and attorneys in North Carolina. Results showed the attorneys, in general, produced no significant benefits for the children. Based on results, identifies particular types of effective attorneys. (NRB)

An administrator offers seven areas of advice for school officials to follow to lessen the chances of litigation and increase the chances of prevailing in court if lawsuits are filed against them. (MD)

Discusses facets of a good working relationship between a school board and its attorney. Items to consider include (1) knowing when to call counsel and who should call; (2) separating legal advice from policy opinions; and (3) routinely reviewing the attorney's service to the board. (MLF)

Lawyers are needed by schools for many more purposes than merely to execute legal documents. This set of notes for a conference presentation considers lawyers' roles in advising on the legal issues involved in the following: (1) business transactions typically encountered by schools (state contract review, state lease, pool lease, nonprofit…

A survey form mailed to a random sample of 1,000 superintendents nationwide aimed at determining how much litigation schools are involved in, the nature of those actions, and the results. Negligence is the most common basis for lawsuits followed by employment issues. Three charts summarize the findings. (MLF)

An Illinois school district leased a vacant school building to a local hospital, and was then ruled by the county tax office to have lost the building's tax-exempt status and to owe property taxes. Districts interested in leasing school property are advised to hire an attorney who specializes in real estate. (MLF)

The Supreme Court denied fees for administrative hearings as well as court proceedings for parents of a disabled child who prevailed in court against a school district. Bills introduced in the present Congress by Senator Lowell Weicker (S.415) and Representative Pat Williams (H.R.1523) address the issue. (MLF)

This article reviews case law regarding the recovery of attorney's fees for counsel services prior to holding a special education hearing within the legal parameters of Public Law 99-372, the Handicapped Children's Protection Act of 1986. Implications suggest that schools should establish mechanisms to avoid costly legal involvements and states…

This book, an updated publication of the National School Boards Association Council of School Attorneys, is designed to help school board members and administrators effectively obtain and work with a competent school lawyer. Following the foreword by Benjamin J. Ferrara, contents include the following articles: (1) "Development of the School…

Explains the upsurge of litigation in special education based on Section 504 of the Rehabilitation Act of 1973. Advises school districts to review policies and procedures with local counsel; keep up to date with regard to Section 504; and provide extra training for special education administrators. (MLF)

To ensure fairness and lack of bias in teacher dismissal cases, school boards should be cautious amd keep board members out of investigations, let the superintendent present dismissal cases, and base their decisions on evidence. (MD)

To help school districts comply with Oregon's school bond laws, this manual provides guidelines for school district attorneys and personnel in the issuance and sale of school district bonds. The manual deals with the three primary types of Oregon school district borrowings: (1) general obligation bonds; (2) tax and revenue anticipation notes; and…