College union administrators should be careful about the use of facilities, particularly in public schools, because of the potential for legal liability. Institutions of higher education today are vulnerable to being sued in regard to issues of free speech, trespass, and religion. Areas of potential liability include (1) serving alcoholic…

Neil Devins, in part 1 of this chapter, discusses state regulation of home instruction. A different perspective on this subject is presented by Perry A. Zirkel in part 2. Parents have claimed that state regulations deprive them of their right, protected by the due process clause of the Fourteenth Amendment, to direct their children's upbringing.…

Reviews 10 resources on First Amendment issues and related social studies topics available from the Educational Resource Information Center (ERIC). Presents information pertinent both to the classroom teacher and to school administrators concerned about First Amendment issues. Gives annotated bibliographical information. (CH)

Discusses court decisions on the rights of religious groups to rent public school facilities and to distribute religious literature on public school grounds. Compares decisions and reasoning in U.S. appellate courts and the Supreme Court. Predicts that the relationship between religion and public education will continue to evolve. (DK)

In 2004, Commissioner of Education D. Kent King appointed a statewide task force to study Missouri high schools and make recommendations on strengthening the ways they help students prepare for life after high school. The State Board of Education adopted the following recommendations in 2005 and 2006. The State Board of Education increased minimum…

Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…

Reviews 1995 case law concerning discrimination against college students, in which legal analysis often resembles that of employment discrimination cases but has subtle twists in application and may involve constitutional issues. Cases discussed touch issues of racial discrimination, gender discrimination (systemic and against individuals), and…

Filing a lawsuit against a school district often means challenging the core values of a community. Cases discussed include a suit to prevent the broadcasting of morning prayers in school ("Herdahl"), a suit over the singing of a religious song ("Bauchman"), and drug-use testing for student athletes ("Acton"). (MLF)

Discusses the "Board of Education of the Westside Community Schools v Mergens" case that was recently decided by the U.S. Supreme Court. The Court stated that refusal to allow the student Bible club to meet on school property violated the federal Equal Access Act. Presents the constitutional issues raised and the case's significance.…

Constitutional implications of the University of Massachusetts' establishment and termination of a legal services office, and a student challenge to its closure, are examined, focusing on the court's decision to disregard forum analysis and instead apply subsidy analysis, which almost predetermined the final holding. (MSE)

Responses from 157 principals (65 percent of a national sample) showed strong support for dress codes. Research focuses on the perception of school principals regarding dress codes, analyzes dress codes for common features, and proposes a constitutional standard of review for contested dress codes. (58 footnotes) (MLF)

Recent legal developments concerning college students and colleges and universities are summarized, with a focus on constitutional issues related to the rights of students to organize, the collection and allocation of mandatory student activity fees, and the protection of freedom of speech regarding commercial enterprises. The status of…

This chapter of "Principles of School Business Management" explores the legal context in which school business officials and other school administrators operate. The chapter considers the legal sources for the power and authority of the district and its administrators and also examines the legal process as it affects schools and the performance of…

This "fastback" examines the U.S. Supreme Court decisions and a few lower court decisions concerning religion and education rendered in the 1980s, and for background purposes, it also includes some decisions prior to the 1980s. The first of four parts discusses cases pertaining to prayer and religious activities in school. Included in…

Reviewed in this chapter are decisions handed down in 1982 involving aspects of collective bargaining. Much of this litigation is perceived as rooted in attempts by school boards to upset awards of arbitrators or by efforts of employees' associations to consolidate dearly-won power; these actions result from many boards' and associations'…