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…

Several recent court cases on school censorship and control over the curriculum are summarized in order to draw implications for policy and action in these areas. Among the conclusions are: (1) private schools have more control over their curriculum than public schools; (2) the school library is a place where students may search for knowledge on…

Through an examination of U.S. circuit, district, and Supreme Court school library censorship cases from 1972 to 1982 an attempt is made to discover whether school officials' actions and court officials' decisions show a reverence for the spirit of First Amendment freedom of expression guarantees. (MBR)

In its June 1998 "Gebser" decision, the U.S. Supreme Court virtually eliminated the strategy of suing school districts in cases where students have been sexually harassed by school employees. Summarizes the majority position in the 5-4 decision and presents Justice Stevens's main dissenting opinion. Unresolved is the sexual harassment of…

Pressure on the public schools is coming from conservative New Right religious-political groups. Their concerns focus on: (1) secular humanism--a Godless form of religion that the public schools are alleged to be teaching; (2) scientific evolution versus creationism--the balanced treatment statute; (3) Bible clubs and prayer in the classroom; and…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

Reviews court cases in which parents challenged school practices on religious grounds. Puts particular emphasis on recent attempts to make the curriculum conform to religious views. (Author/JM)

Dress codes directed at gang attire present school officials with the dilemma of ensuring the safety of the students in a school environment versus the First Amendment rights of students to express themselves. A review of some of the court decisions limited to freedom of expression and general dress code cases serves as a foundation from which to…

This document traces the evolution of federal protection of the educational rights of language-minority students, beginning with the enactment of Title VI of the Civil Rights Act of 1964 and the first steps of the (then) Department of Health, Education and Welfare (HEW) to ensure local school district compliance through its Office of Civil Rights…

The intent of this chapter is to emphasize the student evaluation aspect over other legal principles. Several cases illustrate that courts will interfere with school boards' authority to determine placement of pupils only when a violation of constitutional or statutory rights of a student occurs. In the matter of sanctions against students that…

This module (part of a series of 24 modules) is on judicial and legislative influences relevant to mainstreaming. The genesis of these materials is in the 10 "clusters of capabilities," outlined in the paper, "A Common Body of Practice for Teachers: The Challenge of Public Law 94-142 to Teacher Education." These clusters form…

The Supreme Court's opinion and concurring opinion in a case limiting the right of courts to overturn academic decisions, based on the case of university's dismissal of a student after his failure of an important examination, are presented. (MSE)

This is a collection of brief articles from "Perspective: The Campus Legal Monthly Newsletter" concerning legal decisions relevant to higher education in the United States since 1986. The articles summarize court decisions which addressed legal issues in the following areas: academic decisions; academic employment and freedoms; copyright,…

This legal analysis examines a federal appeals court decision which found three student theses written as graduation requirements and filed in a library did not constitute printed publications and thus bar the patent application of the college professor involved. Institutions are urged to develop comprehensive patent policies for student and…

Outlines class activities to help students understand how the U.S. Supreme Court reaches its decisions and how the decisions change over time. Includes objectives, resources, issues and questions, procedures, and evaluations. Suggests that students will learn the facts and issues of important civil rights cases and form opinions on the decisions.…