Many Americans are familiar with the First Amendment, but its application to prayer and religious activities in public schools is often misunderstood. Religious beliefs are increasingly diverse in the United States. Therefore, it seems imperative that school personnel are aware of the law and sensitive to an array of religious practices. We…

This case study focuses on issues of freedom of speech and freedom of religion in public schools. It involves a rural, southern high school where a group of students participated in a Day of Silence. The school allowed the students to participate based on the principal's understanding of the students' First Amendment rights. However, the next day,…

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)

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

Public schools are unique environments where the rights and responsibilities of one individual or group can easily, if unintentionally, infringe on the rights and responsibilities of other individuals or groups. This can leave public school employees wondering about the nature and scope of their rights. While it is well established that public…

Application by the courts of First Amendment rights to collective negotiations in education are examined in this article. This fourteenth chapter in a book on school law is divided into three sections: freedom of association, free speech, and the right to petition. Regarding freedom of association, the courts have found that the First Amendment…

In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)

Discusses history and purpose of state open-records laws. Surveys how parties make open-records requests, various causes of action, and sanctions for noncompliance. Examines how open-records requests related to district investigations can implicate the Family Education Rights and Privacy Act. Attempts to find appropriate balance between public's…

Student affairs practitioners today must often face difficulties related to the promotion of multiculturalism while maintaining individual rights and freedoms with a college population. Addresses concerns faced by student affairs practitioners: law and regulations and promoting diversity. Discusses legislative directives, current laws, and recent…

This guide reviews legal standards inherent in the First Amendment and recommends management techniques that ensure employees' free speech rights while maintaining school efficiency. Section 1, "Introduction," presents an overview of the trend toward litigation in which public employees allege that school officials have violated First…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…

This monograph analyzes health and safety issues in education in terms of relevant constitutional and statutory provisions. Chapter 1, an introduction, summarizes Fourteenth Amendment equal protection and due process clauses and defines "handicapped" under the Rehabilitation Act. State assistance and student eligibility under the…

Decisions made by federal and state courts during 1983 concerning higher education are reported in this chapter. Issues of employment and the treatment of students underlay the bulk of the litigation. Specific topics addressed in these and other cases included federal authority to enforce regulations against age discrimination and to revoke an…

These legal documents and discussions represent a variety of litigations concerning state statutes and federal regulations. Part A, "Preventing a Law Suit," offers suggestions for avoiding employee termination lawsuits and presents documents for teacher evaluation and for teacher termination and grievance hearings. "New and Emerging…