Legal issues at the state and constitutional levels and associated misconceptions related to written preemployment integrity tests are addressed. Common misconceptions include the beliefs that: (1) such tests fall within the purview of state antipolygraph statutes; (2) unfair discrimination doctrines are violated by integrity testing; and (3)…

This summary report describes efforts to bridge developments in the use of technology in delivering higher education services with the traditional roles and responsibilities of state agencies, accrediting bodies, and institutions (Project ALLTEL). Designed to suggest policies and procedures to states and accrediting institutions charged with…

Education must be served by education law. This chapter analyzes determinants to education law and recommends that corrective inquiry begin with the National Organization on Legal Problems of Education (NOLPE). Special interest advocacy groups can be deterrents to education law. For example, the Supreme Court made contradictory decisions in 1982…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

A task force of professionals from both public and private schools identified four primary topic areas central to the difficulties experienced by the two sectors in cooperating to serve students with disabilities. Each of the four areas is addressed in terms of major findings and recommendations. Issue 1, the lack of sufficient collaborative long…

Twelve years have elapsed since Public Law 94-142, the Education for All Handicapped Children Act (EAHCA), was passed by Congress. This paper accordingly reviews the far-reaching effects of EAHCA on the educational enterprise, focusing on the legal, administrative, and instructional challenges of disciplining handicapped students in a…

The most frequently cited causes for teacher dismissal are immorality, incompetence, and insubordination. The discussion in this chapter concerning these three causes encompasses the general judicial principles found in teacher dismissal cases. The discussion of dismissal for immorality focuses on three controversial areas of litigation: sexual…

The guide lists information on 56 resources (journal articles, books, reports, monographs) dealing with the education of children with behavioral disorders and published between 1950 and 1983. An introductory section reviews issues involved in the definition of the population, considers implications of the term "emotional disturbance,"…

This book is composed of the presentations delivered at the 1988 School Law Seminar. Experienced attorneys presented topics covering a wide range of current issues, all vital to competent legal representation of public school boards. The following articles are included: (1) "Secular Humanism and the Schools" (August W. Steinhilber); (2) "Sexual…

Much of the concern among librarians and educators as to the legality of library lending and classroom use of copyrighted videotapes is the result of "Home Use Only" labeling and other information supplied by the Motion Picture Association of America and some of its members. Much of this labeling and information is misleading and…

Law review and journal articles on sexual harassment in higher education are presented along with policies and procedures from selected universities and organizations, guidance on drafting policies, and a selected bibliography. The following law review and journal articles are presented: "Recent Legal Developments in Sexual Harassment"…

The issue of drug testing is the focus of this ERIC Digest. Several aspects of drug testing discussed in question-and-answer format: (1) What is the current status of drug use in the schools? (2) What legal questions arise when schools consider drug testing? (3) How might drug testing be applied in a fair, economical, and legally safe manner? (4)…

A discussion is presented on the problems and conflicts that arise over the question of admitting children with Human Immunodefiency Virus (HIV) to the school classroom. Legal, educational, and ethical questions are involved, including the applicability of federal statutes regarding the handicapped, the right to confidentiality, public safety, and…

The paper reviews aspects of preschool special education from three perspectives: (1) existing federal and state laws, (2) the state of the art, (3) legal decisions and implications. Discretionary interpretations of the Education for All Handicapped Children Act of 1975 and the Rehabilitation Act of 1973 (Section 504) regarding preschool special…

To help school districts develop contingency plans for teacher strikes, this guide provides background material and suggests methods for building a strike plan. Following a listing of contributors and a short introduction, there is a brief history of collective bargaining and teacher strikes. A general discussion on developing, preparing, and…