This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

Group decision-making can result in important benefits for organizational effectiveness. However, collaborative environments do not emerge organically. Effective leadership is critical for group success. Educational leaders must understand group processes and the importance of creating a culture that supports collaboration. Student discipline for…

Growing litigation between the National Collegiate Athletic Association (NCAA), its member institutions, and student athletes has caused concern for both student athletes and colleges and universities. This qualitative research utilized a legal-historical, document-based method of inquiry. The research analyzed cases between 1953-2012 involving…

In this article, the author provides a detailed legal history of originalism and investigates whether, and to what extent, originalism is a part of law school teaching on the Constitution. He shares the results of an examination of the leading constitutional law textbooks used in the top fifty law schools and a selection of responses gathered from…

The federal government's role in PreK-12 education has long been contentious and continues to evolve. Many have written about education governance, but few have attempted to define an appropriate role for the federal government. That is the core purpose of this essay. The authors articulate a set of principles to guide the federal role in…

It is imperative that school administrators, athletic directors, and interscholastic/athletic associations become knowledgeable in the area of interscholastic athletics at the secondary level and fully understand its potential for litigation. Thus, the purpose of this research study is to examine issues, outcomes, and legal trends involving…

This article examines the failure of school districts to distribute nonmoney resources--controlled primarily by the board of education--equally among students in affluent neighborhoods versus low-income areas. It is largely an urban phenomenon, although some county-wide and large suburban school systems display similar patterns. Such practices…

This article reports that the U.S. Supreme Court is scheduled to hear arguments in December in a case that could make it more difficult for plaintiffs to win sexual-discrimination or sexual-harassment lawsuits against colleges and other educational institutions. The justices will decide whether to uphold a decision of the U.S. Court of Appeals for…

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

With the maturation of the internet more and more colleges and universities are offering online courses. As these courses enter the mainstream, public policy issues are beginning to emerge. Many of these involve the tension between the "work for hire" doctrine and academic freedom that occurs when educational institutions offer these…

Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

An academic leader needs to have a basic understanding of the relevant constitutional and statutory provisions, evolving laws, and legal issues affecting higher education and the relationship between legal considerations and academic administration. At the same time, an academic leader must focus on accomplishing the goals, objectives, and…

Discusses Nebraska case involving efforts by parents to seek redress in federal court for their emotionally impaired daughter's difficulties with her band teacher; the parents claimed violation of the 14th Amendment, federal disabilities statutes, and state common law. Explains why the federal district court and Eighth Circuit rejected the…

On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…