Reviews and synthesizes court rulings that have expressly discussed the factor of economic cost in considerations of appropriateness of special-education programing. Advises educators to expend their resources in providing appropriate individual special-education programs rather than litigating the costs of those programs. (197 references) (MLF)

Addresses the authority of school officials to regulate student dress by examining school dress codes, first with respect to communicative dress--or dress that communicates speech--and then with respect to noncommunicative dress. Provides a summary of the law on dress codes and a basic set of rules to assist school officials in drafting…

Responses from 157 principals (65 percent of a national sample) showed strong support for dress codes. Research focuses on the perception of school principals regarding dress codes, analyzes dress codes for common features, and proposes a constitutional standard of review for contested dress codes. (58 footnotes) (MLF)

In "Boring vs. Buncombe County Board of Education," the 4th U.S. Circuit Court reversed decision involving a school board's control over curriculum in a North Carolina high school. Controversy was over a play chosen for an advanced acting class that had been approved by principal. Decision says public school teachers have absolutely no right of…

In Kansas City, Kansas, the school system wanted to do more than end two decades of court-ordered desegregation plans. The district created a comprehensive and integrated plan for educational improvement that can be used by any district. A three-pronged approach to school planning focuses on programs, demographics, and facilities. (MLF)

Provides an edited version of the Supreme Court opinions in "TLO v New Jersey." Includes an article delineating the new rules on student searches that have resulted from the court decision. A third article discusses questionable areas the Court decision left unclear. (MD)

It is widely believed that the judiciary can maintain the rule of law and guarantee fundamental rights only if it is independent from political and other pressures. Most countries have provisions in their constitutions guaranteeing an independent judiciary. Usually, this independence has two faces: institutional measures that separate the…

Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…

Reviews a recent decision in "Littlefield" by the 5th Circuit upholding a school uniform policy. Advises board member who wish to adopt a school uniform policy to solicit input from parents and students, research the experiences of other school districts with uniform policies, and articulate the interests they wish to promote through uniform…

This paper offers administrators, teachers, and school boards an introduction to legal issues surrounding teacher dismissal and school desegregation and summarizes a study of all teacher dismissal cases heard from 1970 through 1981 in the Fifth Circuit Court of Appeals. Most of the report is devoted to an overview of the historical development of…

This chapter is limited to the specific employment practice of employee testing. The purpose is to distinguish between constitutional and statutory standards for challenging discriminatory testing practices and to propose procedures for developing, administering, and using tests as part of personnel decisions. Four Supreme Court cases are…

A discussion guide, one in a series on constitutional reform issues developed by The Jefferson Foundation as a part of The Jefferson Meeting on the Constitution project, examines proposals to establish terms of office for the Federal judiciary. The first section discusses the historical background of the Federal judiciary including the issues of…

Procedural burden-of-proof issues led Federal Circuit Courts to affirm changes in pupil assignment systems in Norfolk, Virginia, but reject changes in Oklahoma City, Oklahoma. The Supreme Court's decision not to review the Virginia case leaves school boards and federal courts without guidance on questions raised by resegregation. (MLF)

Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

The section of the Education for All Handicapped Children Act (P.L. 94-142) detailing "appropriate education" as a function of an Individualized Education Program (IEP) regulates a variety of educational considerations. Arguing that the IEP is in fact "the hub of the special education wheel," the authors of this document begin…