This legal primer on violence in schools addresses the responsibility of school officials to respond to undisciplined youths whose behavior threatens the welfare and safety of other children in attendance. It is broken down into sections that provide a brief overview of the key rules and guidelines for school officials and teachers in each topic…

With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the…

Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…

Examines the challenges to colleges and universities associated with maintaining privacy as use of technology increases and technology advances. Lapses in security, types of information needing protection, liability under federal laws, other relevant laws and pending legislation, ethics, and policy implementation in the electronic age are…

The pamphlet addresses the application of the United States Constitution's First Amendment to offensive expression and expressive conduct, particularly by students, at public colleges and universities. Sections 1 through 4 summarize applicable First Amendment principles including the breadth of the First Amendment; exceptions to content-based…

Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

Questioning the desirability of whether private schools should receive federal or state aid, the paper outlines how such aid can cause entanglement problems for private schools. In accepting governmental aid, private schools can lose their autonomy, including (1) the ability to select and dismiss students with autonomy, (2) the ability to advocate…

School administrators sometimes face circumstances in which student searches seem necessary in order to maintain discipline and provide a safe learning environment. This publication provides an overview of recent court cases related to student searches, in an effort to help school officials anticipate and avoid legal problems while they carry out…

Reviews current Supreme Court doctrine as tested in lower federal and state courts in three areas in which public schools are involved. Examines Court decisions on silent meditation, equal access, and baccalaureate and commencement services. Finds the issues have not been fully resolved. (DB)

The last 2 decades of the 20th century have witnessed a growing movement to reform the American education system. While people debate why and how reform should be accomplished new initiatives are being developed and applied in many different areas: student performance standards, curricular innovation, assessment, accountability, professional…

This law-related education teaching resource calls attention to civil rights in the school. Julius Menacker gives an overview of major national school legislation and the federal courts' roles in the constitutional areas of equal protection, freedom of expression, and due process. Aggie Alvez offers new perspectives on the constitutional,…

When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials…

An award-winning law student article discusses the implications of a court decision concerning the legality of student searches on campus and the need for institutions to review their policies and attitudes toward increased scrutiny of student life. (MSE)

The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no…