Schools cannot eliminate all risks but can manage them so they minimally affect the "bottom line." A sound risk-management program has four categories: risk avoidance, control, transfer, and retention. Schools retain some risk in situations when insurance is unavailable, costs are negligible, or loss probabilities are remote. (MLH)

This article discusses the potential negligence-based liability risks that orientation and mobility (O&M) specialists often face when assisting students with visual impairments with independent travel in uncontrolled environments. It also presents strategies that may minimize the risks of O&M training for both students and specialists. (Contains…

A case involving an African-American teacher's complaint about a (reassigned) building engineer's abusive and racist language went nowhere. Apparently, the mere use of foul language does not establish a Title VII claim; the custodian's sporadic comments did not create a sufficiently "hostile work environment." (MLH)

Analyzes the case of a Brandeis University student found guilty of "unwanted sexual activity" by a university judicial panel. The student sued Brandeis, and the Massachusets Appeals Court ruled against Brandeis despite the court's customary deference to the decision making of private institutions. Ten other colleges are supporting…

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…

Describes guidelines used in a unit devoted to legal issues in a business communication class. Teaches students how to avoid legal liability in their writing by choosing words carefully, avoiding words with negative connotations, preferring language with positive or neutral connotations, drawing conclusions carefully, writing with precision, and…

Surveys public high school journalism advisors regarding the Arkansas Student Publications Act (1995). Finds that more than one-quarter of respondents were unaware that their school districts were required to have a written student publications policy, and nearly 50% were unaware that they were supposed to be involved in the policy creation…

This review of case law on aversive interventions for students with disabilities identifies legal boundaries and protections for students in five categories: electric shock, noxious substances, corporal punishment, restraints, and timeout. It finds that, despite the emergence of positive interventions, qualified support for aversive interventions…

Explores how the for-profit, computer training chain Computer Learning Centers continued to operate, enrolling thousands of students and qualifying for millions of dollars in federal student aid, despite three years of legal and regulatory turmoil. (EV)

Because supervisors in educational institutions can be held liable if they knew or should have known about faculty sexual harassment, administrators need to know how to handle confidential complaints. Outlines a specific administrative course of action for rigorously but fairly confronting faculty who are anonymously accused of sexual harassment…

Describes an interview between a retired assistant superintendent in a Pennsylvania school district and a Pennsylvania Department of Education student services advisor. Discusses changing role of counselors, weaknesses in school guidance programs, challenges to counselors, and threats from litigation. (FC)

Provides an overview of the First Amendment status of college print media, and then discusses the degree to which student-controlled electronic media outlets warrant comparable expressive rights. (SR)

Summarizes a case involving a district's alleged violation of a neurologically impaired student's rights under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act (Section 504). The Third Circuit Court ruled that IDEA's "stay-put" rule did not excuse the district from developing a timely individualized…

Discusses the controversy over the arrangement between UMI, a company that stores, reproduces, and sells master's theses and doctoral dissertations, and the commercially based online retailer, Contentville.com. Both American and Canadian scholars have been surprised to find their work being offered, without their permission, for sale online by…

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…