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Zirkel, Perry A. – Exceptionality, 2019
A comprehensive search of the Westlaw case database for the period January 1, 2008 to August 31, 2018 identified 22 court decisions that contained federal civil rights claim rulings specific to the actions of school resource officers in response to the conduct of students with disabilities. Both the quantitative and qualitative results revealed…
Descriptors: Students with Disabilities, Security Personnel, School Personnel, Court Litigation
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Zirkel, Perry A. – Exceptionality, 2019
This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…
Descriptors: Disabilities, Educational Legislation, Equal Education, Federal Legislation
Zirkel, Perry A. – Principal Leadership, 2012
Principals and other educators often have perceptions about key issues in school law that are remarkably wrong. When that is the case, they help reinforce those prevailing perceptions by sharing them with teachers, parents, and other administrators, and by contributing to misguided practices and policies. Where do educators get such…
Descriptors: Principals, Best Practices, Court Litigation, School Law
Zirkel, Perry A. – Principal, 2002
Provides an update of the case law dealing with assaults on school personnel, including an illustrative Arizona case followed by a question-and-answer discussion posing certain hypothetical situations concerning the facts and law of the case. Draws implications for policy and practice. (Contains 13 references.) (PKP)
Descriptors: Court Litigation, Middle Schools, Principals, School Personnel
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Smith, Margaret D.; Zirkel, Perry A. – West's Education Law Reporter, 1991
The Supreme Court's recent decision in "Community for Creative Non-Violence v. Reid," although occurring outside the education field, has implications for determining whether the educator is an employee. Reid was commissioned to sculpt a statue, and the Court ruled that he was an independent contractor, not an employee. (71 references)…
Descriptors: College Faculty, Copyrights, Court Litigation, Elementary Secondary Education
Zirkel, Perry A. – West's Education Law Quarterly, 1994
Focuses on the modern case-law intersection between state legislation for school districts that applies to reduction-in-force (RIF) and other state legislation that applies to collective bargaining. One conclusion is that the implementation of RIF is more likely to be negotiable and arbitrable than the reasons for RIF. (96 footnotes) (MLF)
Descriptors: Collective Bargaining, Elementary Secondary Education, Public Schools, Reduction in Force
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Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1987
Two cases illustrate the recent trend toward testing school employees for drugs and suggest the emerging legal limits on such testing. Four questions are answered concerning court interpretations of statutory and constitutional issues related to drug testing for both personnel and students. (PGD)
Descriptors: Civil Liberties, Court Litigation, Drug Abuse, Elementary Secondary Education
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McMenamin, Margaret M.; Zirkel, Perry A. – Journal of Personnel Evaluation in Education, 1998
Reviews Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as they apply to school district employment. Includes a practical step-by-step process for analyzing school district actions with regard to applicants and employees with disabilities. Cites applicable court and agency rulings. (SLD)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Employees
Miller, Charles L.; Zirkel, Perry A. – 1987
This second chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 affecting collective bargaining between staff members and management representatives in public education. Among the topics examined are constitutional issues associated with distribution of union materials, union…
Descriptors: Arbitration, Collective Bargaining, Constitutional Law, Contracts
Zirkel, Perry A.; Smith, Margaret D. – 1988
An increasing amount of case law dealing with collective bargaining in education was evident in 1987. The more than 100 cases cited indicate that educational employers and their unionized employees are increasingly resorting to the courts rather than resolving issues at the negotiation or arbitration table. However, there were no United States…
Descriptors: Arbitration, Collective Bargaining, Compliance (Legal), Court Litigation