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…

This study provides an historical analysis of the Chicago Public School Desegregation Consent Decree, while illustrating its relationship with the "Brown v. Board" of 1954. It provides an analysis of the mission and objectives of all three versions of the Consent Decree which include: The Original Consent Decree 1980, The Modified…

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…

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…

This paper discusses court cases in which teachers allege constitutional violations of their First and Fourteenth Amendment rights. The cases represent a struggle between those forces representing the authority of the board of education to govern public schools and those advocating the individual rights of teachers to continue their employment in…

The Eleventh Amendment is discussed regarding its history, interpretations, Congressional response, and court cases. Teacher litigation under the Fourteenth Amendment and under 42 U.S.C. Section 1983 is also reviewed. (LBH)

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)

The Supreme Court's opinion in the 1954 Brown v. Board of Education case legally ended decades of racial segregation in America's public schools. Originally named after Oliver Brown, the first of many plaintiffs listed in the lower court case of Brown v. Board of Education of Topeka, KS, the landmark decision actually resolved five separate…

A 1976 court opinion that federal court is not an appropriate forum for reviewing public agency employment is undermined in a 1983 ruling that a teacher employment contract creates a property right sufficient to raise a claim. This conflicts with established doctrine and creats new uncertainty in public employment contract disputes. (Author/MSE)

In the fall of 1953, the Supreme Court of the United States received the case of "Brown v. Board of Education of Topeka" (347 U.S. 483, 1954) that raised essential questions, including whether separate but "equal" facilities in education can be provided for black students in the United States or whether the consideration of…

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…

Students who are sexually abused by school employees may file a claim in federal court under Title 42, Section 1983, of the U.S. Code, alleging that school officials violated their federal constitutional or statutory rights. Discusses the affirmative defense of qualified immunity, and theories under which students may recover monetary…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

To meet the challenge of equal educational opportunity, current methods of public school finance must be revised. The present financial system, based on State equalization of local property tax valuation, is inequitable since it results in many school districts, particularly those in large cities, having inadequate resources to meet extraordinary…