The problem is to determine the circumstances and conditions prerequisite to liability under attractive nuisance as it applies to public schools in the State of California. In answering this problem an attempt will be made to clarify for the school administrator sundry areas in attractive nuisance, as follows: 1) What constitutes the action of negligence?; 2) What is the history of the attractive nuisance doctrine in England where it originated, and in the United States?; 3) What is the attractive nuisance doctrine as recognized in the State of California?; 4) What distinction does California make between negligence and attractive nuisance as they apply to school districts?; 5) What are possible situations under which lawsuits in attractive nuisance may culminate into judgments against school districts?; 6) Why have California courts to date rendered no decision on attractive nuisance against a school district?

The problem of this research study was to analyze decisions of the Supreme Court regarding expressions of The State's interest in education. The study focused on decisions of the Supreme Court which have been based on the Constitutional guarantee of freedom of speech involving elementary and secondary schools so as to determine the nature and scope of The State's interest in the education of the individual. The research questions focused on specific decisions of the Supreme Court which have dealt with the issue of freedom of speech as this Constitutional guarantee has been applied to elementary and secondary schools, the purpose(s) or goal(s) of education as stated in the decisions, the judicial standard applied in each decision, the rationale or justification for the intervention of The State in the.education of the individual as delineated in the decision, and the nature of a congruency or a pattern for The State's interest in education. The methodology of the study was historical. The LEXIS computer analysis was used in conjunction with the analysis of legal indices in the identification and selection of data. Six cases were identified for analysis in the study. The cases included: West Virginia v. Barnette (1943), Pickering v. Board of Education (1968), Tinker v. Des Moines Community School District (1969), City of Madison v. Wisconsin Employment Relations Commission (1976), Mt. Healthy v. Doyle (1977), and Givhan v. Western Line Consolidated School District (1979). The review of literature focused on the Constitutional basis for freedom of speech, political theory and The State, and the views of contemporary critics concerning the interest of The State in education. Within the United States, The State maintains a system of social control and the elementary and secondary schools are an important part of that social control. Outside of the family, the school is regarded as the major socializing institution. A major challenge for the educator is that of formulating a conceptual framework that achieves a harmonious relationship between what is deemed to be the interest of The State and the needs as well as rights of individual persons, The institutions of a society rest on a foundation of beliefs, principles, values, norms, and arrangements which establish, in part, the interests of The State and the rights of the individual. The relationship which exists between The State and the individual is a major component of the social system and influences and is influenced by the school as an institution. The findings of the study indicate that there is not consistent use of the term, The State, within the relevant literature and within decisions of the Supreme Court, that the power and authority of The State through the arm of the Supreme Court may be seen as a mechanism for the maintenance of order, stability, and consensus within the social system, and that the procedural and substantive issues within the decisions of the Supreme Court have had an important influence on educational institutions. The interest of The State, the limits of the power of The State, and the prerogatives of The State are defined and determined by The State itself. / Ed. D.

This study sought to assess the level of school law knowledge possessed by Virginia public school teachers in the areas of tort liability, the teacher and his/her employment, and legal responsibilities regarding students. This knowledge was studied as it related to the type and recency of school law training, membership and activity in professional teachers' associations, the highest degree obtained, the grade level taught, the type of degree obtained (education/not-education), and the number of years of teaching experience. A questionnaire was developed to collect demographic information and to assess the level of knowledge possessed by Virginia teachers. A 30 item test, consisting of 15 true-false and 15 multiple choice questions, was sent to 401 teachers throughout Virginia. Of the 401 questionnaires sent, 314 or 78.3% were returned. The average total score on the test was 41.08%.The means for the subareas were as follows: tort liability was 24.7%, the teacher and his/her rights was 43.7%, and legal responsibilities regarding students was 54.8%. Analysis of variance or t-tests were used as appropriate to see if a relationship existed between knowledge of school law and each of the demographic variables. A significant difference was indicated at the .05 level or better between knowledge of school law and each of the following variables: 1. school law training, 2. grade level taught, 3. whether the undergraduate degree was earned in education or not. A significant difference was not indicated between knowledge of school law and any of the other demographic variables. As reported earlier the average percent correct on the test was 41.08% which is lower than the lowest score of any of the Virginia principals studied by Caldwell. This level of knowledge was considered adequate or average; therefore, the level of knowledge of school law possessed by teachers in Virginia is less than adequate. / Ed. D.

The purpose of this study was to compare the legal costs of Texas public school districts during the school years 1980-81, 1981-82, and 1982-83 with the preventive law practices utilized by those districts. A survey was made of Texas superintendents' knowledge of school law. The data were contrasted with legal costs and the preventive law practices of the district. Two survey instruments were developed, and the case study approach was utilized. A survey was sent to the 1,101 Texas public school superintendents. The twenty-five item instrument was designed to solicit information regarding the amount of money spent by districts and the types of preventive law practices that school districts use to reduce legal costs. A legal awareness questionnaire was developed and administered to 72 of the 542 superintendents who responded to the first survey instrument. Three school districts were selected to be case study sites. The data from the instruments were analyzed to determine if a relationship existed between a district's legal costs and its preventive law practices, a district's legal costs and the superintendent's knowledge of school law, and a superintendent's knowledge of school law and the district's preventive law practices. The major conclusions of the study were as follows: (1) The larger the school district, the more money the district spends on legal costs. (2) Districts that incorporate preventive law activities do not necessarily have lower legal costs. (3) The differences in legal costs of a district and the types of preventive law activities utilized by the district are generally associated with district size, rather than with the absence of presence of the specific preventive law activity. (4) The legal knowledge possessed by the superintendent does not have an impact on the legal costs of the district. (5) The superintendent's knowledge of school law does not affect the number of preventive law activities used in the district.

The difficulties in interpreting and implementing the related services required under the Education for All Handicapped Children Act of 1975 have generated many state and federal court cases, state and local administrative hearings, and federal policy letters. However, these court cases, hearings, and policy letters have resulted in some contradictory rulings pertaining to the provision of related services. The purpose of this study was to (1) examine the issues associated with the provision of related services, (2) determine how they have been resolved in these administrative and judicial procedures, and (3) more clearly delineate what related services must be provided by school districts. This study utilized a descriptive research design. Using a documentary analysis method, state and federal court cases, state administrative hearings, and federal policy letters were analyzed. The analysis was divided into two major sections: issue analysis and issue resolution. The issue analysis section included the background of both the subject and the issues, as well as the specific interpreting body. The issue resolution section included the rulings and the rationale for each division. Data from each court case, administrative hearing, and policy letter were recorded on an individual analysis form. Data from each individual analysis form were then recorded on a corresponding matrix specifically designed to display information in relation to each research question. As a result of this study, it was determined that two issues generated policy interpretations or rulings by the courts, state administrative hearings, and/or policy letters. The first issue pertained to the definition of related services and whether or not a specific service was a related service within the federal definitions. The second issue revolved around the determination of a student's need for a service or eligibility for a service. An analysis of the rulings indicated that school districts were required to provide the contested related service in 67% of the cases in this study. It was also determined that the interpreting bodies broadened the definition of related services by ruling school districts to provide services that were not named or defined in the federal regulations of Public Law 94.142.

For many years the traditional point of view about principals was that they were the so-called teachers in a leadership role. They took the lead with the teaching of the curriculum and they had to be responsible for controlling the whole educational process. With the changes over the past few years, not only over the entire globe, but also specifically here in South Africa, the role of the principal has also changed. In terms of the new Schools Act and changing education legislation, the principal has many more responsibilities being a representative of the department at the school and a member of the school’s governing body. Human resource management is one of the most important aspects of school management. The purpose of this research is to determine which educational juridical determinants play a role in human resource management at schools. To succeed in the purpose of this research it is firstly determined which statutory common-law and judicial determinants are applicable and secondly the determinants’ implications for human resource management in education are emphasized. Subsequently a literature study was done about the work environment of the principal in the management of human resources at a school. The specific areas of human resource management at a school and the related role of the principal formed an essential pall of the research. After a questionnaire had been sent to a sample of principals and their responses had been statistically analysed, it was possible to deduce findings and compile recommendations. The general impression that came to the fore from the responses was that school principals experience a critical lack of competence as managers of human resources. This is possibly caused by a shortage of proper empowerment in the basic elements of human resource management as well as in the aspects of policy as determined by the Department of Education. The conclusion can justly be made that it will not only presently, but also in the future be absolutely necessary to pay formal attention to this important aspect. The training of teachers must without doubt include elements of human resource management as well as related educational legislation. When the preceding requirements are met and when the Department of Education continuously present empowerment workshops on this crucial subject, it will definitely lead to more effective and purposive management of schools. Furthermore it will also probably lessen the pressure on principals that will lead to a more stable management environment. / Thesis (M.Ed.)--Potchefstroom University for Christian Higher Education, 2003

The purposes of this study were (1) to review the development of SB 408, and (2) to analyze the impact of this action upon a selected group of public schools. The study involved a survey of the influence that provisions of SB 408 have had on the school program in terms of the following: (a) policy, (b) economy, (c) instructional program, and (d) management.

The delegation of powers by the Legislature in carrying out school laws has always been a function of that body. In 1929 Justice Walker, in the case of Richardson v. Liberty Independent School District, stated that all powers possessed by school districts have been delegated by the Legislature. The same is true in respect to the powers possessed by the State Board of Education and the county boards of education. All these divisions have been created by law and all their powers delegated by the Legislature.By this study the writer will try to show what trend the Legislature has taken in the delegation of powers concerning,schools. In this study the solution of the following questions will be sought: 1. Is there a tendency toward more delegation of power to the state level of administration? 2. Is there a tendency in the Legislature to give more power to county and local units in the school system? 3. Is the Legislature inclining toward exercising more power on its own initiative? By the study of laws passed by the Legislature delegating powers and retaining powers, these problems can be answered and a definite trend shown.

M.Ed. (Psychology of Education) / Please refer to full text to view abstract

The Oregon School Bill of 1922 would have required all school age children to attend public schools. Beginning as an initiative measure sponsored by the Scottish Rite Masons it was passed by the voters in the general election in the Fall of 1922. Shortly after its passage representatives of private and parochial schools began a court battle against the bill which ended in the United States Supreme Court. Affirming the decision of a lower court it declared the Bill to be unconstitutional. While public interest in the Bill was great during the campaign, it soon dwindled and by 1925 the School Bill held little interest but to historians.