This paper from a session of the Council of Educational Facilities Planners addresses the topic of access to educational facilities by the public. It explains that many organizations and individuals request access to public educational facilities; while boards and administrators generally want to make them available for public use, problems…

Legal issues in public use of educational facilities and property are examined in this paper, which focuses on the balance between government authority and individual rights of association and expression protected by the First and Fourteenth Amendments. The Supreme Court's use of forum analysis to determine whether the government's interest in…

This paper sets out the legal grounds for sexual harassment claims in education settings, and notes a number of pertinent cases that are illustrative of common legal and factual issues. Sexual harassment, including sexual abuse, is prohibited by federal and state statutes. Sexual harassment in the context of employment constitutes employment…

Many departments in higher education institutions actively recruit women and minority candidates for faculty positions. When a department decides that an available position should be filled by a woman, are the supporting rationales legally sound? This paper describes some basic principles of federal law that address issues of affirmative action…

The purpose of this paper is to explore the due-process rights of public employees. These particular rights are grounded in the constitutionally protected liberty interest in one's good name and reputation. Both employers and employees should be aware of what parameters case law provides with regard to the dimensions of this due-process right and…

The nature of the interests in education that are protected by the Constitution may be ascertained by reference to certain due process and equal protection decisions of the Supreme Court reviewed in this paper. Although education is not a right granted by the Constitution, the Court has often recognized the importance of education, both to the…

School officials see a need for regulations that prohibit disruptive and inappropriate forms of expression and attire; students see these regulations as unwanted restrictions on their freedom. This paper reviews court litigation involving constitutional limitations on school authority, dress and hair codes, state law constraints, and school…

The American way of life rests on a foundation of rational thought and civil behavior. Simply put, the strength of America depends on its culture--the set of beliefs, values, and behavioral norms to which most citizens adhere. Most educators have always viewed schooling for character and citizenship as a fundamental purpose of public education.…

This paper discusses some basic constitutional and statutory principles related to affirmative action and reverse discrimination in employment of educational personnel. The specifications of the Equal Protection Clause of the 14th Amendment, Title VII of the Civil Rights Act of 1964, other statutes and regulations, and selected Supreme Court cases…