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Brown, Marc W. – Journal of Law and Education, 1999
Since public schools serve children of diverse religious backgrounds, an upstate New York district tried to construct a policy where all students felt comfortable. Proponents had an uphill struggle, since many constituents found nonreligious Christmas assemblies and displays acceptable. This article highlights Williamsville's Free Exercise and…
Descriptors: Board of Education Policy, Diversity (Student), Elementary Secondary Education, Legal Problems

Niccolai, Frances R. – Journal of Law and Education, 1981
In school library cases, the courts must address the statutorily directed authority of school boards to regulate education, the recognized duty of the parents in rearing and nurturing their children, and the recognition that children also enjoy rights under the Constitution. (Author/MLF)
Descriptors: Boards of Education, Censorship, Constitutional Law, Court Litigation
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Describes 6th Circuit Court of Appeals decision in "Cockrel v. Schelby County School District," involving a fifth-grade teacher's claim that she was unlawfully terminated for teaching a unit on the industrial use of hemp, thus violating her First Amendment right of free speech. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Schools, Federal Courts
Sneed, Maree; Knevila, Kelly – Inquiry & Analysis, 1988
The resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck…
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
Marek, Kate – 1987
This paper examines the censorship of school library books and school textbooks in American public schools, with particular emphasis on recent court cases. The 1982 Supreme Court case, Island Trees Union Free School District versus Pico, is examined in detail, and it is argued that Justice Brennan established precedent for a "right to…
Descriptors: Academic Freedom, Boards of Education, Censorship, Court Litigation
Sendor, Benjamin – American School Board Journal, 1986
Reports on the Supreme Court's decision not to rule on a case involving the formation of an extracurricular religion club. This leaves the schools with no definitive legal decision for guidance in these cases. Also reports on court decisions in two recent cases involving schools' responsibility for protecting students on their way to and from…
Descriptors: Boards of Education, Court Litigation, Elementary Secondary Education, Freedom of Speech

Carr, Michael C.; Faber, Charles F. – Clearing House, 1982
Reviews court cases concerning student press rights. Argues that many problems that have arisen over publications could have been avoided by administrators and school boards if only they had been willing to work with students within the framework of the First Amendment. (FL)
Descriptors: Administrator Role, Board of Education Role, Court Litigation, Freedom of Speech
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)
Zirkel, Perry A. – Principal, 2001
Discusses 10th Circuit Court decision upholding constitutionality of Oklahoma school district's policy that prohibited, with certain exceptions, part-time school enrollment, thus denying home-schooled student from taking certain specialized courses. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
Hudson, David L., Jr. – Principal Leadership, 2004
According to Jay Worona, general counsel for the New York State School Board Association, "Balancing safety and student constitutional rights is not easy. It has to be a careful balance. School officials must be prudent and not overreact. But one part of the equation has to be paramount. And safety should be the primary concern"…
Descriptors: School Safety, Courts, Constitutional Law, Boards of Education
Jarvis, Mel – CCBC Notebook, the Competency Based Curriculum, 1982
In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first…
Descriptors: Board of Education Role, Censorship, Court Litigation, Elementary Secondary Education

Coggins, Timothy L. – School Law Bulletin, 1986
The "Pico v. Island Trees Union Free School District" decision affirmed students' right to receive information under the First Amendment and concluded that removing books from school libraries infringes on that right. Book removals solely to suppress ideas are open to court review in the absence of clearly established administrative…
Descriptors: Academic Freedom, Boards of Education, Censorship, Elementary Secondary Education
Sendor, Benjamin – American School Board Journal, 1985
Describes a recent court decision in which a school board and the superintendent did not support a teacher when he came under fire from the community for teaching a controversial subject. The teacher won his case against the district because it had violated the academic freedom rule and denied the teacher due process.(MD)
Descriptors: Academic Freedom, Boards of Education, Controversial Issues (Course Content), Court Litigation
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
Baldwin, Gordon B. – 1991
Issues in students' First Amendment rights are discussed in this paper, which is directed toward school board members. The "Tinker v. Des Moines Independent Schools" (1969) decision is discussed, in which the United States Supreme Court struck down the discipline imposed on students who wore black armbands during school hours to protest…
Descriptors: Boards of Education, Censorship, Civil Liberties, Constitutional Law