Table Of Content

CONTENTS 1 EMPLOYEES Ralph D. Mawdsley Introduction /2 Discrimination in Employment /2 Race /3 Religion /5 Sex /5 Age /7 National Origin /8 Disability /8 Substantive Constitutional Rights /9 Speech /9 Association /12 Religion /13 Privacy /13 Due Process /13 Procedural Due Process /14 Liberty and Property Interests /14 Aspects of Notice /15 Aspects of Hearing /16 Dismissal, Nonrenewal, Demotion, and Discipline /18 Insubordination /19 Unprofessional Conduct, Unfitness, Willful Neglect of Duty /20 Immorality /21 Incompetence /21 Compliance with School Board Policies and State Statutes /22 Reduction-in-force and Involuntary Leaves of Absence /27 Necessity for Reduction-in-force /28 Elimination of Position /29 Selection of Employees /29 Realignment/Reassignment /30 Call-back Rights /31 Contract Disputes /32 Board Policies and Contract Stipulations /33 Administrative Regulations and Statutory Provisions /34 Tenure /36 Tenure Status /36 Tenure by Default or Acquiescence /38 VIII | Contents Certification /39 Certification Standards /39 Decertification, Revocation, or Suspension /39 2 BARGAINING Joseph R. McKinney Introduction/41 Constitutional Issues/42 Impairment of Contract/42 Fair Share Agreements and Freedom of Speech/42 Fair Share Agreements and Freedom of Association/44 Recognition and Representational Issues/44 Elections/44 Rights and Obligations of Exclusive Bargaining Representatives/45 Scope of Bargaining/46 Mandatory Topics of Bargaining/46 Permissive Topics of Bargaining/47 Prohibited Topics of Bargaining/48 Grievability and Arbitrability/48 Presumption and Arbitrability/49 Who Determines/S51 Procedural Issues/53 Judicial Review/54 Salary and Benefits/54 Dismissal and Nonrenewal/55 Reassignment/57 Reduction-in-force/57 Impasse and Fact Finding/58 Strikes/59 Miscellaneous/59 Conclusion/60 3 PUPILS Jeffrey J. Horner and Charles J. Russo Introduction/61 Issues Relating to Public School Attendance/62 Compulsory Attendance/62 Graduation/63 Transportation/64 Contents | IX Tuition/65 Private and Parochial Schools/65 Substantive Rights of Students/66 First Amendment Religious Rights/66 First Amendment Freedom of Speech/71 Privacy/73 Search and Seizure/73 Sanctions for Student Misconduct/75 Generally/75 Suspensions and Expulsions/76 Desegregation/78 Desegregation Plan Oversight/78 Cross-district Remedies/79 State Court Cases/81 4 INDIVIDUALS WITH DISABILTIES Allan G. Osborne, Jr. Introduction/84 Entitlement to Services/85 Procedural Safeguards/87 Evaluation/88 Development of Individualized Education Programs/88 Change in Placement/89 Administrative Hearings/90 Court Proceedings/91 Standing to Sue/92 Statute of Limitations/92 Actions Under Other Statutes/93 Placement/93 Appropriate Educational Placement/94 Least Restrictive Environment/95 Private Facilities/96 Extended School Year/97 Related Services/97 Discipline/98 Remedies/100 Damages/101 Tuition Reimbursement/101 Compensatory Services/102 Attorney Fees/103 State Immunity/106 Other IDEA Issues/106 X | Contents State Laws/107 Connecticut/107 Louisiana/108 Massachusetts/108 Michigan/108 New York/109 North Carolina/109 Pennsylvania/109 Discrimination Under the Rehabilitation Act, Section 504/110 Students/111 Elementary and Secondary Education/111! Higher Education/112 Employees/112 Discrimination Claims/112 Otherwise Qualified Individuals with Disabilities/114 Reasonable Accommodation/115 Other Section 504 Issues/116 Americans with Disabilities Act/117 Students/118 Public Services/119 Employees/119 Other ADA Issues/121 5 TORTS William J. Evans, Jr. Introduction/123 Negligence/124 Injuries/124 Off of School Property and After School Hours/124 School Settings During School Hours/126 En Route to and from School/129 In School Buildings and on School Grounds/131 Educational Malpractice/131 Negligence Defenses/132 Immunity/132 Common Law (Governmental Immunity)/132 Statutory Immunity/135 Other Defenses/137 Assumption of Risk/137 Comparative Negligence/137 Notice of Claim/137 Liability Insurance/140 Attorney Fees/141 Contents | XI Employee Injuries/Workers’ Compensation/142 Assault and Battery/146 Defamation/147 Intentional Infliction of Emotional Distress/147 Constitutional Torts/147 Student Initiated Cases/147 Employee Initiated Cases/151 6 SPORTS Linda A. Sharp Introduction/154 Eligibility/154 Academic Issues/154 Longevity/155 Age/156 Transfer/156 Discipline/157 Drug Testing/157 Equality of Programs/158 General/158 Handicapped/158 Tort/159 Intentional/159 Assault and Battery/159 Defamation/159 Hazing/160 Negligence/160 Participants/160 Spectators/170 Employment/170 Adverse Employment Decisions/170 Refusal to Renew Coaching Contract/170 Contract Disputes/171 Collective Bargaining/171 Discrimination/172 Gender/172 Disability/172 Political Affiliation/172 First Amendment/173 Workers’ Compensation/173 Miscellaneous/173 Criminal Law/173 XII / Contents 7 HIGHER EDUCATION Robert M. Hendrickson Introduction/177 Intergovernmental Relations/178 Federal Regulation/178 Title VI of the Civil Rights Act of 1964/178 Legislative Authority/179 Board Authority/180 Agency Authority/182 Licensing and Accreditation/183 Sunshine Laws/184 Taxation/185 Zoning/186 Jurisdiction/186 Ownership/188 University Hospitals/188 Constitutional Issues/189 Federal Statutes/190 Criminal Prosecution/190 Discrimination in Employment/191 Title VII of the Civil Rights Act of 1964/191 The Equal Pay Act/193 Title IX Gender Discrimination/193 Age Discrimination in Employment Act/194 Rehabilitation Act of 1973 and Americans with Disabilities Act/196 Hiring Discrimination/198 Faculty Employment/198 First Amendment Speech/198 Nontenured Faculty/199 Part-time Faculty/203 Tenured Faculty/203 Termination for Cause/203 Collective Bargaining/205 Administrator and Other Employee Actions/207 Employee Benefits/213 Sexual Harassment/217 Students/219 Admissions/219 Nonresident Tuition/220 Financial Aid/221 Institutional Eligibility/221 Contents / XIII Individual Eligibility/222 Bankruptcy/223 Service Scholarships/225 Collections/225 Child Support/227 Criminal Action/228 Student Organizations/228 First Amendment/229 Freedom of Speech/229 The Establishment and Free Exercise Clause/230 Dismissal/230 Disciplinary Dismissal/230 Academic Dismissal/232 Other Constitutional Issues/234 Federal Statutory Issues/234 Title [X/234 Liability/235 Personal Injury/235 Wrongful Death and Injury/235 Sexual Assault/236 Injury on Premises/237 Student Residence/239 School Sponsored Activities/240 Police Action/243 Assault and Battery/243 Procedural Questions/243 Workers’ Compensation/245 Contract Liability/246 Contract Existence/246 Breach of Contract/246 Insurance Contracts/247 Bidding/248 Contract Liability/249 Deceptive Practices/250 Educational Malpractice/251 Negligence/251 Medical Malpractice/253 Antitrust Act/257 Patents/258 Estates and Wills/258 XIV | Contents 8 EDUCATION RELATED Susan G. Clark & Tania Kraus Introduction /261 First Amendment /262 Freedom of Speech /262 Freedom of Association /265 Freedom of Religion /266 Voting Rights /267 Amending Consent Decrees /269 Discrimination Law /271 Retroactivity /271 EEOC Filing Procedures and Requirements /272 Race Discrimination /274 Minority Contracting /279 National Origin Discrimination /280 Attorney Fees /281 Sex Discrimination /281 Harassment and Hostile Environment /283 Pregnancy /287 Equal Pay /288 Age Discrimination/289 Relief /294 Disability /296 Otherwise Qualified /296 Public Accommodation /299 Child Abuse /300 9 FEDERAL AND STATE LEGISLATION Mary Jane K. Rapport Introduction /304 Federal Legislation /304 Goals 2000: Educate America Act /304 Gun Free Schools Act/307 Improving America’s Schools Act of 1994/308 School-to-Work Opportunities Act of 1994/309 Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994 /310 Healthy Meals for Healthy Americans Act of 1994/311 Contents | XV Human Services Amendments of 1994 /312 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994 /312 Department of Education Appropriations Act, 1995 /312 Federal Regulations /323 State Legislation /325 Accountability and Outcome-based Education /326 Attendance /327 Assessment of Students /328 Charter Schools /329 Crime Prevention/Violence Prevention /330 Early Childhood Programs /335 Finances /336 Governance /338 Interagency Collaboration /339 Length of School Year /340 Miscellaneous /341 Multicultural Education /342 Open Enrollment Programs /342 Parent Outreach and Involvement /342 Sexual Harassment /343 Special Education /343 Teacher Certification and Evaluation Requirements /344 Teachers’ Rights /346 Technology Initiatives /346 Work Force Development Programs /347 Conclusion /349