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The U.S. Supreme Court decision in "Hazelwood School District v. Kuhlmeier" established that a public high school newspaper, produced by students in a journalism class, is not a forum for public expression. The Court said that although school board policy specified that student free speech would not be restricted, other factors concerning the newspaper's publication made oversight by the principal allowable. This decision established educators' right to exercise editorial control over school-sponsored publications as long as the actions served legitimate teaching concerns. In "Tinker v. Des Moines Independent School District," the Court established that schools may punish student expression only when it substantially disrupts school activities. Two cases, "Rivera v. East Otero School District" and "Hemery v. School Board of Colorado Springs," defined how schools may regulate the distribution of religious materials. The Eugene, Oregon, school district used the "Tinker" precedent to support its decision to keep out of school a student who was a gang member. In the area of hate speech, "Bethel School District 403 v. Fraser" established that students' free speech rights must be balanced against teaching students socially appropriate behavior. (JPT)

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and termination, warning against subterfuge); (2) Is the reason job-related? (It must be related to contractual provisions and impinge on job performance); (3) Are the reasons supported by documents from the personnel file? (4) Are there steps that must precede consideration of termination? (statutory and/or contractual requirements for evaluation, opportunity for remediation, assistance, etc.); (5) termination procedure; (6) possible forums for employee remedies; and (7) final statutory and constitutional rights checklist. An attachment is provided, detailing special problems in collective bargaining states. These include remedies based on collective bargaining law, the more controversial contract clauses, the duty to bargain, and a reference for the standard of judicial review of arbitration awards. (TE)