A major problem area under the 1976 Copyright Act that needs clarification, if not revision, concerns the use of photocopied copyrighted materials in classrooms. (Author/MLF)

Field trips are troublesome for educators, because normal responsibilities may be exacerbated by supervision and transportation requirements. Forms should be very comprehensive as to field-trip description, objectives, provisions, special instructions to students, and liability-release statements. Emergency preparedness and specific supervision…

Discusses the role of collegiality in college personnel tenure decisions. No court has held that the use of collegiality in tenure decisions is inappropriate, but judicial conflicts arise as to whether collegiality has been invoked in a manner that is discriminatory or that violates free speech. (Author/SLD)

Reviews contemporary court cases to show that free exercise claims are religious and therefore unenforceable under the Establishment Clause's "Lemon" test prohibiting religious activities in public schools. Discuses inadequacies in judicial perception involving compelling interest, a pattern of anti-theistic decisions, and lesser…

When drafting or reviewing a personnel handbook, university administrators should be sure the handbook conforms to legal and constitutional requirements, and they should also make clear the parts of the handbook that actually constitute a contract between the employee and the university, as well as indicate the means by which the handbook can be…

Although athletic events generate their share of negligence lawsuits, the relatively small number, compared with other education areas, suggests that defenses (like assumption or risk and contributory negligence) have a better fit in athletics. Implications of newer litigation trends involving coaches' misconduct and interpretation of state…

Student prayer at school events, such as football games and graduation ceremonies, has spawned several contradictory circuit court decisions. A 2000 Supreme Court ruling against pregame prayer ("Santa Fe Independent School District v. Doe") reversed an 11th Circuit Court decision, with far-reaching effects on all student-initiated and…

In a Texas case, the U.S. Supreme Court recently affirmed that a policy allowing student-led, student-initiated prayer at high-school football games violated the Establishment Clause. Whatever districts do, school business officials and others responsible for safeguarding resources should pay attention to the school-prayer issue. (MLH)

This book addresses the legal problems faced by nonpublic schools. It is intended to help teachers and administrators recognize potential legal difficulties and to assist educators in developing preventive strategies to resolve problems before the legal system becomes involved. The text is divided into six chapters: (1) "Tort Liability";…

Information to aid the school-law specialist in handling transportation issues is provided in this handbook. Following an introduction, section 2 discusses the school's liability for transportation decisions, including school bus safety requirements, selection of transportation, the care owed to students, and school defenses in transportation…

Selected legal problem areas for sectarian and nonsectarian private schools that have generated substantial litigation and frequent questions from nonpublic school administrators and faculty are discussed. Major topic headings include tort liability, constraints on student and faculty discipline, governing board liability, governmental regulation…

Discusses two broad areas of emerging legal issues relating to nonpublic educational issues: first, concerning the institution and government, either in the institution claiming entitlement to funds or services, or in claiming exceptions from state or federal regulatory requirements; second, the institution's relationship with its faculty and…

Although certain constitutional rights do not apply to private institutions, striking similarities in employment problems exist between public and private colleges. Summarizes court litigation involving constitutional standards, established public policy, contractual problems, and financial exigency. Offers procedures for faculty dismissal that…

Section 1983 of the Civil Rights Act, providing for legal action to redress deprivation of constitutional rights by agencies of the state, has become a popular medium for remediation of alleged substantive and procedural wrongs by school officials. The success of Section 1983 actions against public schools has led to attempts to extend such…

The almost universal doctrine of charitable immunity was traditionally justified at one time because of the altruistic nature of charities. The reasons for abolition of charitable immunity in most states have generally been two-fold: (1) charities are no longer low-budget, marginal operations; (2) the risk of crippling verdicts can be minimized…