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Dunaway, David M.; McColl, Ann; Nichols, Aimee V. – AASA Journal of Scholarship & Practice, 2010
The purpose for this article is to explore the juxtaposition of legal expectations, conflicting community cultural values, and the role of the superintendent in these connected but often conflicting issues. The authors explore several issues through the lens of Gay-Straight Alliance clubs, the "Equal Access Act," and the role of the…
Descriptors: Rural Areas, Local Issues, Values, Boards of Education
Waters, Kevin Stewart; Russell, William Benedict, III – Online Submission, 2008
The Internet is a valuable educational tool being utilized in many classrooms today. However, Internet and computer policies restrict and limit how the Internet and computer can be used in a school. An Internet and computer policy typically limits students to use the Internet and computer for educational purposes. If a student violates this policy…
Descriptors: Discipline, School Districts, Court Litigation, Internet
Dowling-Sendor, Benjamin – American School Board Journal, 2000
A Colorado superintendent allowed to resign for personal reasons later sued the district, claiming confidentiality provisions had been breached. The Colorado Supreme Court reversed lower court rulings favoring the district. The settlement agreement does not violate the First Amendment, but merely applies state law requiring people to keep their…
Descriptors: Boards of Education, Confidentiality, Contracts, Dismissal (Personnel)
Dowling-Sendor, Benjamin – American School Board Journal, 2003
In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)
Descriptors: Board of Education Policy, Constitutional Law, Due Process, Enrollment
Glasser, Ira – American School Board Journal, 1992
By law and example, school boards must govern within scope of Bill of Rights. Cites West Virginia State Board of Education v Barnette, in which Supreme Court in 1943 upheld two Jehovah's Witness children's right to refuse to participate in daily flag salute ceremony. Urges schools to teach students principles of democracy and also of individual…
Descriptors: Board of Education Role, Constitutional Law, Court Litigation, Democracy
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A federal case from Wooster, Ohio, illustrates the tension facing school boards and administrators when they deal with student expression. Explains the judge's reasoning about the issues involving First Amendment rights of student editors and the policies and relevant free-speech principles. (MLF)
Descriptors: Board of Education Policy, Censorship, Court Litigation, Federal Courts
Burke, N. Denise – West's Education Law Quarterly, 1993
Examines whether schools can or should restrict gang clothing and how to restrict gang clothing without infringing on students' constitutional rights. Concludes that a policy that stresses the importance of reducing distractions that inhibit learning is more likely to be found legal than a policy restricting gang communication via limitations on…
Descriptors: Board of Education Policy, Court Litigation, Dress Codes, Freedom of Speech
Frels, Kelly, Ed.; Horner, Jeff, Ed.; Camp, Bill, Ed.; Robinson, Vianei Lopez, Ed. – 1996
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…
Descriptors: Boards of Education, Constitutional Law, Copyrights, Court Litigation
Malakoff, Eve H., Ed. – 1981
Eight papers originally presented during the 1981 annual meeting of the National School Boards Association's Council of School Attorneys are collected in this publication. The topics, of interest particularly to school attorneys, include text and library book selection and the First Amendment; the courts' criteria for awarding attorney fees…
Descriptors: Bilingual Education, Boards of Education, Civil Rights, Court Litigation
Russo, Charles J., Ed.; Polansky, Harvey, Ed.; Wood, R. Craig, Ed. – 2001
This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…
Descriptors: Board of Education Policy, Charter Schools, Constitutional Law, Contracts
National School Boards Association, Alexandria, VA. Council of School Attorneys. – 1986
These legal documents and discussions represent a variety of litigations concerning state statutes and federal regulations. Part A, "Preventing a Law Suit," offers suggestions for avoiding employee termination lawsuits and presents documents for teacher evaluation and for teacher termination and grievance hearings. "New and Emerging…
Descriptors: Age Discrimination, Alcoholism, Board of Education Policy, Civil Rights
McGhehey, M. A., Ed. – 1982
This twenty-one chapter book deals with important, timely topics in school law. Topics include home instruction in place of public school attendance; judicial review of labor arbitration awards; procedures for nonrenewal of nontenured teachers that avoid constitutional problems; discipline by grade reduction and grade denial based on attendance;…
Descriptors: Academic Freedom, Arbitration, Athletics, Bilingual Education