When considering student expulsion, it is important to keep complete records of all hearings and proceedings. Reviewed is a recent Pennsylvania court case in which a board decision to expel two students was overturned in the courts because no hearing records were kept. (MD)

Testimony concerning the Supreme Court decisions in the case of Grove City College v. Bell (1984) is presented in this document. The Courts ruling that Federal aid to a student constitutes funding only of the college's student air program, nor the entire institution, reflected the more persuasive reading of the Title IX Education Amendments,…

Legal challenges to state compulsory attendance laws have emphasized four interrelated constitutional claims. Under provisions of the free exercise clause of the First Amendment, parents have challenged the state's authority to require public school attendance in lieu of home instruction and private, religious organizations have refused to comply…

This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…

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.…

One of a series of implementation documents prepared in conjunction with the revised minimum standards adopted in 1983 by the Ohio State Board of Education for elementary and secondary schools, this publication discusses the basic elements of a code of conduct for students that complies with the requirements set forth in the minimum standards.…

The Capital Area School Development Association, New York, sponsored a school law conference to fulfill a need in the region for school board members and administrators who desire to maintain and improve their knowledge in the area of school law. This document contains the text or outline of the following four presentations: (1) "Preserving…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

This chapter reviews court decisions in education during 1986 that addressed issues related to student rights and the jurisdiction of schools with respect to pupils. The first section of the review covers the issues of public school assignment, tuition, transportation, and compulsory attendance. This is followed by short discussions of cases…

This chapter--new to the "Yearbook"--discusses all court cases reported in 1986 that involved student athletes, coaches, athletic directors, athletic associations, booster organizations, interscholastic sports programs and events, and sports facilities and equipment at both the K-12 and higher education levels. It does not, however,…

This paper examines the federal and state constitutional and statutory issues that affect the capacity of governments to raise revenue for education and other children's services, including mandates and key legislation that limit revenues, expenditures, and borrowing. The paper is divided into three major sections: (1) legal issues affecting…

The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…

A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…

This monograph analyzes health and safety issues in education in terms of relevant constitutional and statutory provisions. Chapter 1, an introduction, summarizes Fourteenth Amendment equal protection and due process clauses and defines "handicapped" under the Rehabilitation Act. State assistance and student eligibility under the…