Examines Supreme Court decisions in two cases (Mississippi University for Women v. Hogan, United States v. Virginia), addressing the constitutionality of single-sex public colleges. Describes a tool for evaluating equality (the "capability approach") that fills out and lends clarity to underdeveloped aspects of the Court's inquiry. The…

Discusses legal issues concerning the First Amendment rights of Amish and Mennonite students and parents. Focuses on court decisions that upheld their rights of religious liberty and reviews the origins of their beliefs. Contends that most of the government decisions regarding religion and education reflect a fundamental respect for the religious…

The first amendment does not either require or permit government to threaten religiously affiliated colleges and universities with reduced eligibility for public funding in the event of increased religious control over institutional governance or academic functions. However, government may decline to fund education at "pervasively sectarian"…

This chapter of "Principles of School Business Management" reviews major federal and state court cases dealing with fiscal equalization of state school support programs and summarizes and discusses the major legal issues that were addressed. The major federal cases include "McInnis v. Shapiro,""Burrus v. Wilkerson," and "Van Dusartz v. Hatfield,"…

The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in…

A review of court litigation and federal regulatory action explores the prevalence of discrimination in higher education, and it is suggested that race-exclusive scholarships can be used and defended as a means of eliminating vestiges of discrimination that hinder the access of minorities to postsecondary educational opportunities. (Author/MSE)

Although religious beliefs of college students opposing abortion may be sincere, they must yield to the institution's need to decide what programs will serve the entire student body's needs. When the Supreme Court rules on a challenge to allocation of mandatory student fees, it will apply principles of religious freedom. (MSE)

Examines message T-Shirts as a medium for student expression and the ability of public schools to regulate those messages. Predicts that as violence and insolence increase in schools, courts will probably continue to defer to school authorities and let them handle their own problems. (77 footnotes). (MLF)

Several years ago, Macomb Community College suspended an English teacher for three days because he frequently used profanity in the classroom that was not germane to course subject matter. The teacher's response to this suspension and the administration's response to his actions prompted a series of countermeasures by each party, and culminated in…

Discover the link between ethical leadership and successful educational communities! In an age of accountability and transparency, principals are held responsible for everything from test scores to school finances. Because of this increased accountability, school leaders must regularly confront difficult ethical dilemmas. This book teaches…

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

Outlines the confusion surrounding a Supreme Court decision in the "New Jersey vs. TLO" case, which put at issue the prohibition against unreasonable searches in schools. The Court's decision allows a lower standard of reasonableness to be applied in school searches. The standards are not clear and are open to serious question. (MD)

A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…

This catalog was developed to provide useful information about the many "Teaching Law to the Public" law school-based projects operating around the country in 1993-94. Aimed at law school project staff members, it is a handy reference to other law school programs. The catalog also is intended as a guide for everybody involved in…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…