This is the first in what the Review hopes will be a regular column on school law and its implications for teachers. This article focused on copywrited materials and the teacher. (Editor/RK)

Questions arise about the constitutionality of including some form of prayer, usually an invocation or benediction, in public school graduation ceremonies, and whether such prayer can appropriately be delivered by a minister or other religious leader. The U. S. Supreme Court has not addressed this precise issue, but an analysis of other courts'…

Challenges to the admissions processes of colleges and universities have been successfully lodged on both contract and due process (14th Amendment) grounds. Reviews and categorizes these cases and suggests steps institutions can take to avoid litigation. (MLF)

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…

Religious rights of teachers are affected in three primary areas of activities: (1) outside the school environment; (2) inside the school environment; and (3) inside the classroom. These issues are examined from the perspective of the constitutional principles involved. (MLF)

This document presents "Indiana v. Jamie L. Curtis," a fictional court case stemming from the search by school officials of a student's bookbag. The case is based upon the actual U.S. Supreme Court case of New Jersey v. T.L.O., which involved similar facts. The document includes background materials on the Fourth Amendment to the U.S.…

Voucher advocates won a major victory when the U.S. Supreme Court let stand a Wisconsin Supreme Court ruling that Milwaukee's voucher program passed constitutional muster. Summarizes the majority opinion. Points out that whether voucher programs represent prudent public policy is a political question to be addressed by voters and legislation. (MLF)

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)

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…

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…

This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

Areas of liability that relate to the daily practice of continuing education professionals are summarized. Areas of the law with the greatest potential for litigation involving the institution and its employees are identified, along with 16 preventive measures that protect the educational practitioner and institution from frivolous litigation yet…

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 document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…