Public Schools Legal Aspects on Personnel Administration

525). Sovereign immunity dust in effect in some states, especially in the South and Southwest, but it has been revoked by statute or eluding law in many another(prenominal)s. If that doctrine applies, a complainant allegedly injured by school action gutter recover only from individual school teachers or other school employees. In those jurisdictions in which it does not apply, the school regularize or school board can be held apt(predicate) for its own negligence, or it can be held vicariously (strictly) liable for the negligence (or intentional torts) of its employees. Teachers were regarded to be in loco parentis, in the place of a student's parents. Teachers were liable only for their failure to knead due care, which was proven to be the proximate and reasonably foreseeable cause of injury. In most cases which imposed liability low state law, very serious failures of supervision were present, such as in the landmark case of Daily v. Los Angeles School District. In that case, a gym instructor allowed "slap boxing" to go on in his class, which resulted in the death by skull crack cocaine of one of his students (Tanner, 1972, p. 526).

Plaintiffs have rarely succeeded in prevailing in actions aimed at holding schools or teachers liable for sports injuries or in cases involving injuries inflicted on students by teachers and viceversa. In one 1987 impertinently York case, the court said that, "the school board did not come across an affirmative duty

Bartlett, L. P., and Helms, L. B. (1993, Fall). Urban rightfulnessyer, 941987.

In the area of free speech, the Supreme Court has adopted the vox populi that speech by a teacher that adjoins to an area of ordinary interest, as opposed to matters of purely private concern, is protected by the First Amendment. The courts have upheld the constitutionality of drug testing of applicants for employment and of employees whose jobs relate to overt safety. Whether mandatory "suspicionless" drug testing of tenured public school teachers is constitutional is unclear (Weeks, 1992, p. 537). Federal courts have upheld statutes in Oregon and Pennsylvania which forbid teachers from wearing religious clothes in the classroom (Schachter, 1992, p. 672).

Recent developments in the law.

(1993, Winter). Journal of Law and Education, 22, 83101.

In many states, teachers are down the stairs a legal duty to report incidents involving sexual abuse of their students (Newman, 1990, p. 107).

Bartlett, L. (1993, Winter). economic cost factors in providing appropriate public education for disable children. Journal of Law and Education, 22, 2760.

Goldberg v. Kelly. (1970). U.S.L.W. 4223.

Tanner, D. (1972). Secondary education. New York: Macmillan.

another(prenominal) current area of controversy and litigation relates to how far and at what cost the public schools must go to provide classroom access and special educational programs for the disabled and the handicapped under several federal statutes protecting those groups. The general rule is that such students "must be educated in the least restricting setting that is appropriate for their needs" (Murphy, 1990, p. 353). According to Murphy (1990), "a series of . . . court decisions have firmly established that a child who is HIV positive and fits within CDC (Center for Disease Control) guidelines for an open-plan setting should be admitted to a regular classroom" (p. 346). to a lower place a line of federal cases, beginning wit
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