The National Education Association, on behalf of three affiliates of its Florida chapter and seven teachers, last week filed suit against the Florida education department. They contend that some teachers are being judged against students or subjects they don't teach, in violation of their constitutional rights. The groups seek a federal court…

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

Allowing public funds to be used for tuition and other expenses in private schools through a voucher system has been the source of debate in legislative and educational forums for almost half a century, but only recently have school vouchers become a serious school reform strategy. This article provides a brief overview of the voucher plans…

The present article, a cross-case analysis, analyzes one aspect of the implementation of the No Child Left Behind Act (NCLB) that has generated conflict between the U.S. Department of Education and the federal court system. The conflicts arose between the courts' oversight of desegregation and the implementation of the public school choice…

A judicial decision on issues raised by state diploma denial found that competency testing of Florida's high school students as a graduation requirement violated due process by not providing students with adequate notice. The court prescribed some degree of curricular validity to determine whether the test covered materials actually taught.…

A decision upholding the constitutionality of Florida's competency exam is reviewed and school boards advised of measures for ensuring fairness and legality in competency testing: a curriculum that teaches the skills tested, adequate remedial instruction, and several chances to take the test. (MJL)

Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…

Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

The Law Division of the proceedings contains the following 8 papers: "The Neutral Reportage Doctrine 25 Years After: An Update on the Still 'Fletdgling' Libel Defense" (Kyu Ho Youm); "Personal Jurisdiction Over Media Libel Cases in the Internet Age" (Robert L. Spellman); "A Framework for Electronic Access to Court Records…

Two years after the implementation of Florida's Educational Accountability Act, which mandates statewide competency testing in reading, writing, and arithmetic, the author cites the advantages of the program, refutes criticisms of it and reviews the challenge to it in Federal District court, the Debra P. V. Turlington case. (SJL)

Describes recent cases of censorship in Florida, which involve books and magazines in school and public libraries, magazine sales, public showings of films, television programs, and art exhibits. It is suggested that the present censorship climate is the result of a rapid population growth that has led to fear of change and a desire for…

Describes the facts and legal basis of federal court decisions in "Zelman v. Simmons-Harris," a case before the U.S. Supreme Court to determine if Cleveland's school voucher program violates the Establish Clause. Discusses the possible educational, legal, and political consequences of the Court's decision. (On June 27, 2002, the Supreme…

Tenth through twelfth grade students study the changing role of the Supreme Court from John Jay to the present in this elective political and economic studies course. Included is an historical analysis of rulings, and the impact of the Supreme Court on American life today. Course goals are for the student to: 1) locate the constitutional authority…