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Educational Administration and Supervision

2012

Educational Leadership Faculty Publications

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Full-Text Articles in Law

Teacher Unions, The Right To Work, And Fair Share Agreements, Charles J. Russo, C. Daniel Raisch Nov 2012

Teacher Unions, The Right To Work, And Fair Share Agreements, Charles J. Russo, C. Daniel Raisch

Educational Leadership Faculty Publications

The status of collective bargaining in public education is in flux. As a result of a movement that began in the early 1960s, more than 30 states now have laws that allow teachers and other public school employees to form unions in order to bargain collectively with their school boards over the terms and conditions of their employment.

Further, three jurisdictions prohibit public-sector unions, and in an overlapping tapestry, 23 states—most recently Indiana— have enacted right-to-work laws that bar contracts that require workers to join unions as a condition of employment.

Aware that unions derive their operating revenues from member …


The Status Of Teachers Unions: Are Rumors Of Their Demise Exaggerated?, Charles J. Russo Sep 2012

The Status Of Teachers Unions: Are Rumors Of Their Demise Exaggerated?, Charles J. Russo

Educational Leadership Faculty Publications

Recent legislation raised questions about the status of teachers unions and public-sector collective bargaining. Although the changes in Florida, Idaho, and Tennessee occurred with a minimum of disruption, the same was not true in Ohio and Wisconsin. Voters in Ohio repudiated a law that would have placed significant limits on the rights of public employees to bargain collectively (McNeil 2011a). Conversely, voters in Wisconsin defeated a recall election intended to remove the governor and legislators who acted to curtail the bargaining power of teachers unions (Stein 2012).

Organized labor and collective bargaining in education have grown to the point at …


Can The Law Keep Pace With Technology? Regulating Student Use Of The Internet And Cyberspace, Charles J. Russo, Allan G. Osborne Jr. Mar 2012

Can The Law Keep Pace With Technology? Regulating Student Use Of The Internet And Cyberspace, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Who could have anticipated the effect of the Internet on education, or of social networking sites such as Facebook or MySpace? Yet given the relatively new state of the law, as the legal system struggles to keep pace with technological advances, the courts are reaching markedly different outcomes on the extent to which education officials can punish students who violate school rules, especially if their behavior originated out of school or involved First Amendment free speech claims.

In light of the legal and technological challenges facing school business officials (SBOs), school boards, and other education leaders, the first part of …


Reutter’S The Law Of Public Education, Charles J. Russo Jan 2012

Reutter’S The Law Of Public Education, Charles J. Russo

Educational Leadership Faculty Publications

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.


Can Students Be Disciplined For Off-Campus Cyberspeech: The Reach Of The First Amendment In The Age Of Technology, Charles J. Russo, Allan G. Osborne Jr. Jan 2012

Can Students Be Disciplined For Off-Campus Cyberspeech: The Reach Of The First Amendment In The Age Of Technology, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The widespread use of technology in today's schools has ushered in a host of legal issues that educators and parents could not have contemplated just a few years ago. Within the past decade, students have had the unprecedented ability to send text messages and instant messages, create websites, post blogs, construct Internet profiles, and post messages on burgeoning social networking sites, most notably Facebook. Even when students engage in such speech-related activity off campus using their personal computers, their actions and posts on such social networking sites as MySpace and Facebook can have carryover effects into school and classroom environments. …