In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…

This chapter summarizes a number of cases in which the Supreme Court has dealt with the separation of church and state question presented by the First Amendment. These include an Arkansas statute that excluded Darwinian theory from the high school science curriculum. The Court declared the statute unconstitutional because the exclusion was…

The authority that local school officials and state athletic and activity associations have over extracurricular activities is the subject of this survey of reported cases beginning in 1980. Legal developments are discussed in the areas of general transfer rules, transfers and private schools, ineligibility based on nonschool incidents, team and…

Discusses the implications for educators of the guidelines in the Copyright Law of 1976 for the taping of commercial and public television programs for educational purposes. Owner's rights, educator's rights, examples of specific copyright problems; and current litigation pertaining to copyright are considered. References and guidelines for…

Examines Supreme Court decisions in two cases (Mississippi University for Women v. Hogan, United States v. Virginia), addressing the constitutionality of single-sex public colleges. Describes a tool for evaluating equality (the "capability approach") that fills out and lends clarity to underdeveloped aspects of the Court's inquiry. The…

This article analyzes four federal court cases dealing with the use of reductive interventions to manage the behaviors of behaviorally disordered students in public schools. Definitions and principles of corporal punishment, suspension, expulsion, and timeout are outlined; and the legal status of these punishment procedures is explained.…

In "New York Times Co. v. Sullivan," the Supreme Court held that the First Amendment protects news media defendants from libel suits by public officials and public figures. Public college and university administrators are considered to be public officials under this ruling. To prevail in defamation cases, public plaintiffs must prove…

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)

In 1969 the Supreme Court, in "Tinker v. Des Moines Independent Community School District," established the right of students to freedom of expression in school unless the exercise of that right would materially and substantially interfere with the requirements of appropriate discipline or collide with the rights of others in the school.…

This chapter of "Principles of School Business Management" reviews major federal and state court cases dealing with fiscal equalization of state school support programs and summarizes and discusses the major legal issues that were addressed. The major federal cases include "McInnis v. Shapiro,""Burrus v. Wilkerson," and "Van Dusartz v. Hatfield,"…

This chapter traces the litigation in "Rowley," the first case concerning the Education for All Handicapped Children Act (1975) to be considered by the United States Supreme Court. The Court decided that a deaf child, Amy Rowley, was being provided with an educational opportunity that was substantially the same as her classmates';…

This chapter discusses the issues involved in home education as they relate to state compulsory school attendance laws. The authors first examine the purpose and context of compulsory attendance, then the public or private school alternatives. The statutory and case laws providing for home education are explored and some of the constitutional…

This chapter presents an up-to-date analysis of prevailing state wage laws that affect educational facility construction or renovation and highlights relevant prevailing wage litigation in many states. Currently, 13 states have no prevailing wage laws for public works. The other 37 states and the District of Columbia do have prevailing wage laws…

A district court decision that the firing of a bisexual counselor violated free speech and equal protection of the law was reversed by the Sixth Circuit Court of Appeals. Although the United States Supreme Court declined to review the case, Justices Brennan and Marshall wrote dissenting opinions claiming unresolved constitutional issues. (MLF)

How the law deals with the question of "Should students have rights in school?" is examined. One specific area of possible rights in schools--the question of searches of students by school officials--is discussed in depth. (RM)