If the laws could speak for themselves, they would complain of the lawyers. -- Sir George Savile


PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

Date compiled: November 1993

INDEX
1) Introduction
2) Internet Resources
FTP - 1
Gopher - 1
Listservs - 4
Telnet - 2
WAIS - none
WWW - none
Other - 2
3) ERIC Resources
ERIC Clearinghouses ERIC Citations - 12
ERIC Digests - 22
4) How to Retrieve ERIC Journal Articles & Documents

1. INTRODUCTION

Legal issues should be of concern to all those involved in K-12 education. Many educators & students may not be aware of the legal consequences of situations which arise in the course of daily events in the school. This InfoGuide compiles information which would be a useful primer on the topic of school law to school boards, principals, teachers, counselors, librarians, students, & families. Of course, this material can only serve as a basis for understanding some of the general legal topics affecting elementary and secondary school education. It cannot serve as a substitute for counsel which is essential to evaluate the potential legal issues or ramifications in a specific situation.

2. INTERNET RESOURCES

Gopher Sites: ELECTRONIC FRONTIER FOUNDATION (EFF) is an archive containing numerous resources of interest on the Internet. A specific directory exists, however, which is related to educational law. It is accessible in a number of ways including by gopher, anonymous ftp & email.
** Instructions ** To browse the archive by gopher, use the following command:
1. gopher -p academic/law gopher.eff.org To obtain via anonymous ftp & email: 1. Ftp to ftp.eff.org. It is in the directory pub/academic/law.

Listservs:
ED LAW: A listserv designed for the discussion of legal issues related to education.
To subscribe: 1. Address a message to: listserv@ukcc.bitnet 2. Type the message: Subscribe edlaw 3. Send the message & you will then be asked to confirm your subscription.

EDUCATIONAL POLICY ANALYSIS ARCHIVES: An electronic journal publishing scholarly articles related to all aspects of educational policy & for all levels (primary, secondary, higher education). To subscribe: 1. Address message to: listserv@asuvm.inre.asu.edu 2. Message should read: SUB EDPOLYAR

K12ADMIN: A listserv for K-12 educators interested in educational administration.
To subscribe: 1. Address a message to: listserv@suvm.syr.edu 2. Compose message as: Subscribe K12ADMIN 3. Send the message & you will be asked to confirm your subscription.

Telnet Sites:

LAWNET is an information system to the Internet created & maintained by the American Association of Law Libraries (AALL). This project is still at an early stage of development & the file "lives" at Washburn University in Topeka, Kansas. It is very useful in providing access to a number of law library catalogs.

** Instructions **
To use LAWNET via the Internet:
1. Open a telnet session to acc.wuacc.edu
2. Use "lawnet" at the login: prompt

LIBERTY is a diverse collection of legal data maintained at Washington & Lee Law Library. There are over 500 options available on the menu screens which lead to a large amount of legal information, some of it related to the topic of school law.
** Instructions **
To access LIBERTY: 1. telnet liberty.uc.wlu.edu 2. login as lawlib Alternatively: 1. ftp liberty.uc.wlu.edu 2. login as anonymous 3. cd pub/lawlib

Other: 1) LIIBULLETIN is produced by the Legal Information Institute of Cornell Law School. Subscribers to the bulletin receive e-mail summaries of the latest decisions of the U.S. Supreme Court as well as directions on how to access these opinions in full text.

To subscribe: 1. Send an e-mail message to listserv@fatty.law.cornell.edu. 2. Message must read: subscribe liibulletin Name, email address, phone [all information must be on one line] 3. Instructions regarding confirmation will be sent to subscribers as well as an official confirmation with additional information.

2) Suggestions for Desk-top Ready Reference
*Data Research, Inc. "Deskbook Encyclopedia of American School Law." Rosemount, Minnesota: Data Research, Inc. 1992.
L*Morte, Michael W. "School Law Cases & Concepts." 3rd edition. Englewood Cliffs, New Jersey: Prentice Hall. 1990.
**O'Reilly, Robert C. & Edward T. Green. "School Law for the 1990s: A Handbook." Westport, Connecticut: Greenwood Press. 1992.

3. ERIC Resources
ERIC Citations: ** Regulatory & Administrative Issues **
ED354606 Camp, William E., Ed.; & others, 1993. The Principal's Legal Handbook. National Organization on Legal Problems of Education, 3601 S.W. 29th Street, Suite 223, Topeka, KS 66614. This 333 page manual, useful for administrators & practitioners, is divided into four sections: "Students & the Law," "Special Education & the Law," "Teachers & the Law," & "Schools & the Law."

ED355621
Beckham, Joseph C., 1992.
School Officials & the Courts: Update 1992. Educational Research Service, 2000 Clarendon Clarendon Blvd., Arlington, VA 22201 ($12 for subscribers, $24 for nonsubscribers).
EDRS compiles a yearly update of significant legal decisions & statutory enactments affecting schools. Its seven sections for 1992 were entitled: "School Board and Board Members," "Administrators," "Finance," "Teachers & Other District Employees," "Pupils," "Religion," "Torts & Related Statutory Liability." Sixty pages in length.

EJ441089
Zirkel, Perry A.
Will They Sue? Will They Win? The Legal Audit of Curriculum. International Journal of Educational Reform; v1 n1 p32- 45 Jan. Describes how to conduct a 'legal audit' of curriculum in order to systematically review school policies as a means to prevent litigation.

EJ418896 Trotter, Andrew, 1990. Flagrante Delicto. American School Board Journal; v177 n12 p12-15 Dec. Discusses the importance of a good working relationship between a school board & its attorney.

** Issues Affecting Students **
ED355880 National Association of Student Personnel Administrators, Inc., 1993. Student Rights & Freedoms. Joint Statement on Rights & Freedoms of Students.

EJ449971 Chandler, Gary L., 1992. Due Process Rights of High School Students. High School Journal, v75 n3 p137-43 Feb-Mar. Provides an overview of the decisions of the courts in such cases as "Dixon v. Alabama State Board of Education," "Goss v. Lopez," & "In Re Gault" which establish the legal basis for student due process protection in school suspension & expulsion.

EJ411635 Delon, Floyd G. 1990 "The More Things Change...": Re- Emerging Student First Amendment Rights Issues. West's Education Law Reporter, v59 n4 p963-71, Jun. Discusses lower court opinions dealing with requiring the flag salute, banning symbols, removing books, & preventing distribution of publications.

** Issues Affecting Educators **
EJ392070 Turner-Egner, Jennifer, 1989. Teachers' Discretion in Selecting Instructional Materials & Methods. West's Education Law Reporter, v53, n2, p365-79, Jul. Describes recommended criteria by which instructors should prepare their materials & methods - educational value, relevance, & suitability to the students.

EJ337550
Copyright Law & the Classroom: Photocopying, Videotaping & Fair Use. Journal of Law & Education, v 15 n2 p229-36 Spr. Offers useful guidelines for permissible copying, photocopying, & recording.

EJ339985 Schneider-Vogel, Merri, 1986 Gay Teachers in the Classroom: A Continuing Constitutional Debate. Journal of Law & Education, v15 n3 p285-318 Sum. Surveys the legal standards & the guidelines to be used by school officials. Discusses issues of 'teacher fitness' in the face of litigation.

EJ335778 Eades, Ronald W.
The School Counselor or Psychologist & Problems of Defamation. Journal of Law & Education, v15, p117-120, Win. Reviews the elements of the relationship between counselor & student, the importance of confidentiality & the potential for litigation.

** Parental Issue **
EJ459331 Mawdsley, Ralph D.; Drake, Daniel., 1993
Involving Parents in the Public Schools: Legal & Policy Issues. West's Education Law Quarterly; v2 n1 p1-14 Jan. Describes changes in two urban school districts to increase structured parental involvement. Examines the development of legal doctrine which has made schools largely impervious to legal demands of parents to change school programs.

ERIC Digests:

To review these Digests in full text, it is possible to use any gopher server under the Discipline Specific Directory for Education. If you do not have access to a gopher, these Digests can be browsed in full-text by:
1. Telnet ericir.syr.edu
2. Login as gopher
3. Select Directory 3 "Library of Education Resources" from the menu
4. Select Directory 1 "Full Text Education Resources" from the menu
5. Select Index 8 "Search ERIC Digests" which is a searchable index on the gopher screen.
6. You will then be given a screen requesting words to search for. At this point, you can enter a Digest number or the phrase school law or other related key words.
7. Hit the return key to enter an the full-text of these very informative digests related to school law topics will appear.
8. It is possible to have these mailed to your e-mail account or, alternatively, you can access them via an ftp session.

** Regulatory & Administrative Issues **
ED350727 Dec 92 School Discipline. Gaustad, Joan
ED321343 90 School Security. Gaustad, Joan
ED316957 90 Drug Testing. Klauke, Amy; Hadderman, Margaret
ED302899 88 Policy Analysis for School Districts. Bowers, Bruce C.
ED321342 90 Fiscal Policy Issues & School Reform. Crampton, Faith
ED324777 90 Emerging Issues in State-Level School Finance. McGuire, Kent
ED311147 89 Urban School Finance: The Quest for Equal Educational Opportunity.
ED322275 Mar 90 Public School Choice: Issues & Concerns for Urban Educators. Wells, Amy Stuart
ED253465 Jun 84 Controversial Issues: Concerns for Policy Makers. Cook, Kay K.
ED296817 Jan 88 Exploring Alternatives to Consolidation. Rincones, Rodolfo

Issues Affecting Students **
ED348320 Aug 92 Teaching about the Constitutional Rights of Students. Gottlieb, Stephen S.
ED295397 88 Disciplinary Exclusion of Special Education Students. Zantal-Wiener, Kathy
ED259455 84 Student Discipline Policies. Gushee, Matt

** Issues Affecting Educators (Teachers, Counselors, etc.) **
ED259448 84 Dismissing Incompetent Teachers. Ellis, Thomas I
ED284529 87 Post-Tenure Faculty Evaluation. Licata, Christine M.
ED282352 86 Teacher Tenure. Scott, James
ED315709 90 Ethical & Legal Issues in School Counseling. Huey, Wayne C.; Remley, Theodore, Jr.
ED347479 Dec 92 Challenges to & Censorship of School Guidance Materials. Peterson, Marla; Poppen, William
ED315864 89 Censorship of Curriculum Materials. Aurnague- DeSpain, JeanMarie; Baas, Alan
ED298072 Aug 88 Teaching about Religion in the Social Studies. Risinger, C. Frederick
ED324767 90 Background Checks on School Personnel. Baas, Alan ED289884 Legal Issues in Testing. Edington, Everett D.; Koehler, Lyle

4. How to Retrieve ERIC Journal Articles & Documents References identified with an ED (ERIC document) number are cited in the ERIC database. Documents are available in ERIC microfiche collections at more that 825 locations worldwide. Documents can also be ordered through EDRS: (800) 443-ERIC. References with EJ (ERIC journal) numbers are available through the originating journal, interlibrary loan services, or article reproduction clearinghouses: UMI (800) 723- 0616; or ISI (800) 523-1850.

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