ERIC Number: ED331454
Record Type: RIE
Publication Date: 1991-Apr-3
Legal Issues Regarding Curriculum: What Administrators Need To Know about Curriculum and Its Delivery.
Drowatzky, John N.
This paper focuses upon a variety of curriculum related issues that have potential legal connotations, such as whether the college bulletin forms a contract, whether advertisements can be considered contracts, and determining the appropriateness of student discipline for academic and other reasons. Presented first is a brief overview of contract law and an explanation about express contracts. Discussions that follow the overview cover the following topics: (1) implied promise or quasi-contract; (2) termination of programs; (3) discipline and expulsion; (4) educational malpractice; and (5) provisions for handicapped individuals. It is noted that the courts will use contract law in the resolution of student-university issues when it is appropriate. Further, courts have continually stated that the administration of educational programs and activities belongs in the hands of the educators and, so long as any abuse of educational rules and regulations is absent, the courts will defer to the educators. Students, on the other hand, must be able to meet all the requirements of the programs that they wish to enter; this includes both academic and non-academic requirements. Contains 23 references. (GLR)
Publication Type: Guides - Non-Classroom; Information Analyses
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: N/A