The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…

This monograph attempts to provide clear understanding of the standards presented by the Supreme Court in "New Jersey v. T.L.O." relative to search and seizure in public schools, and suggests practical ways of applying search and seizure law to situations in the school setting. ("T.L.O." are the initials of the anonymous…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

Contends that, although religious freedom is a key feature of U.S. democracy, it has had a relatively short and modern history. Discusses the issues, court opinions, and historical significance of the 1940 "Minersville School District v. Gobitis" U.S. Supreme Court decision regarding Jehovah's Witnesses and the Pledge of Allegiance to…

Public university restriction of faculty expression on the institution's World Wide Web server is discussed based on recent Supreme Court decisions. It is proposed that in some circumstances, content-based restriction of faculty expression is permissible and will not violate the First Amendment academic freedom rights of faculty. (MSE)

This monograph traces the legal history of the conflict between constitutional rights of expression in the schools and school boards' control of education. Chapter 1 provides an introduction to the law and policy of free expression. Chapter 2 is a case study of "Kuhlmeier v. Hazelwood School District," in which a high school principal…

This teaching guide is designed to accompany and enhance a two-part Public Broadcasting System video documentary about the U.S. Supreme Court's history, legal processes, and activities. The purpose of this series is to examine the institution that for 200 years has been the principal custodian of the U.S. Constitution. A background essay, written…

Contends that all of the U.S. Supreme Court Justices in 1947 agreed that the Establishment Clause of the First Amendment erected a wall of separation between church and state. Reviews Establishment Clause history, includes summaries of court opinions, and concludes that a more thorough curriculum about the wall of separation is needed. (CFR)

Judicial decisions affecting educational policy and management that were handed down in 1990 by state appellate courts and federal courts are summarized and analyzed in this book. The analyses, each written by one or more experts in education law, are divided into eight topical chapters: (1) employees; (2) bargaining; (3) pupils; (4) handicapped;…

Judicial decisions affecting educational policy and management that were handed down in 1988 by state appellate courts and federal courts are summarized and analyzed in this book. The analyses, each written by one or more experts in education law, are divided into eight topical chapters: (1) employees; (2) bargaining; (3) pupils; (4) handicapped;…

Discusses how using "Pickering v. Board of Education" or "Hazelwood School District v Kuhlmeier" as precedents in cases involving classroom speech by teachers has fostered court inconsistency. Proposes a judicial standard that emphasizes adequate notice to teachers when certain speech is proscribed and scrutinizes school-board…

This pamphlet analyzes the clash between higher education institutions' concerns for preserving the confidentiality of peer faculty review and the need for relevant evidence when a disappointed faculty member suspects that a negative tenure decision is infected with illegal bias. Until recently many institutions decided whether to give tenure to a…

Designed to provide an introduction to major issues, controversies, and case law related to Title IX of the Education Amendments of 1972, this handbook is intended to promote more informed interaction between administrators and the attorneys who represent and advise them regarding sex discrimination issues. Following a brief explanation of the…

This book is a compilation of the presentations delivered at the National School Boards Association (NSBA) Council of School Attorneys Annual School Law Seminar on March 22-24, 2001, in San Diego, California. Presentations include: (1) "Religion and the Public Schools--What Hath the Supreme Court Wrought?" (Jay Worona and Patricia H. Gould); (2)…

Presents a secondary school lesson to study the Supreme Court's interpretations of the Establishment Clause, explore why some Justices want to reconsider the separation of church and state, and make decisions about the constitutionality of school prayer. Includes seven student handouts and step-by-step instructional procedures. (CFR)