Discusses substantive and procedural due process as required by the United States Constitution and interpreted by the Supreme Court, with particular reference to situations arising in educational environments. Covers interests protected by due process requirements, the procedures required, and some special considerations that may apply. (PGD)

The author feels that school boards and administrators do have the power to govern their school systems provided they recognize that students have constitutionally guaranteed rights--(1) free expression, (2) due process, (3) privacy, (4) equality, and (5) quality education. (MB)

This document explains some aspects of the law which affect teachers in general and student teachers in particular. Five issues are examined. The first issue concerns state laws which affect student teachers, with Illinois and Indiana laws used as examples. Some of these laws have to do with liability insurance, credentialling, clinical training,…

Court application of the second step of due process inquiry (what process is due) to student dismissals from tax-supported postsecondary institutions is examined. Of special interest is the weight given three factors (private interest affected, risk of erroneous deprivation of such interest, and government's interest) in the context of higher…

Discusses some Supreme Court rulings that affect the rights of students and teachers. Includes discussion of the balancing test, due process, and equal protection. Offers five principles to guide administrators in interpretating the legal ramifications of school policy. (Author/WD)

Discusses barriers to effective teacher supervision that unwittingly protect and tolerate poor performers. Presents a template for writing legally defensible disciplinary memoranda that document efforts to help teachers improve performance and justify termination, if necessary. Discusses accountability tools, including performance indicators…

The author notes that this chapter deals generally with torts in higher education cases. A tort is usually defined broadly to cover most wrongful civil acts, except breach of contract, that may occur between individuals. The remedy sought in a civil tort action is compensation to the injured party for the damages suffered. The areas discussed here…

Section 1983 of the U.S. Constitution provides individuals (including students) with the right to sue persons (including principals) acting "under color of law" for damages incurred in violation of their federal rights. This article examines two corporal punishment cases involving elementary school students involving possible due process…

Considers legal and programmatic issues involved in having juveniles or their parents make financial restitution for delinquent acts. Makes recommendations to school officials on using restitution as part of school discipline policy. Condensed from "A Legal Memorandum," May 1981, published by the National Association of Secondary School…

Two legal theories inspire suicide-related lawsuits: tort claims of negligence and constitutional claims based on due process. A well-known case illustrates a middle-schooler's suicide and a district's negligence. Liability factors include duty, foreseeability, special relationship, danger creation, and immunity/contributory negligence. (MLH)

For over a decade, school administrators and school attorneys have been struggling with the appropriate procedures to follow in disciplining public school children. Many articles have been written concerning due process. This publication focuses not on the legal history of school discipline cases, but on the implementation and administration of…

This article discusses legal concepts and court decisions as they apply to teachers and schools. (RC)

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)

An empirical analysis of 290 administrative and court decisions concerning students with autism reveals that the volume of autism litigation is on a steadily and steeply rising slope and that the outcomes of the cases studied across a wide variety of issues have favored school districts to a slight extent. (Contains references.) (Author/CR)

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…