Reviews the Supreme Court decisions on issues of interest to school districts. Also analyzes cases relevant to public schools that the Court declined to review. Summarizes a number of cases that the Court will hear in its term beginning October 1993 and that may have a major impact on school districts. An appendix lists the cases cited. (MLF)

The good-faith requirement in school desegregation was initially discussed by the United States Supreme Court in "Brown II." However, it was not until recently, in "Freeman v. Pitts," that the Court was to provide a definitive statement as to the meaning of the requirement, indicate the need for specific findings with respect…

Court decisions resulting from litigation regarding higher education governance and finance are discussed in this chapter. Governing body authority and intergovernmental relations are the subjects of a number of cases. Three cases involve questions of licensing of private institutions of higher education by state agencies. Other cases illustrate…

Court litigation concerning governance and finance in higher education demonstrates lawyers' attempts to extend the legal principles established in one educational system to different systems. Intergovernmental relations cases involve educational institutions' connections with counties, cities, states, and various public agencies. Because of an…

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

School personnel need to learn about the outcomes of controversial education cases. Research on school law knowledge indicates that teachers and students would benefit from learning the basic principles of school law. (six references) (MLF)

An analysis is made of the voting record of Justice Sandra Day O'Connor on cases related to education and the impact of these votes. The decisions of the Supreme Court during the 1981-82 term were classified under one of seven different headings: (1) religion and the schools; (2) freedom of expression; (3) due process of law; (4) racial…

This chapter discusses litigation concerned with collective bargaining issues at the postsecondary level. The material is organized to follow the basic sequence of steps in the negotiation process, from the rights of organization to the issues of arbitration. Issues covered include determination of bargaining units, scope of bargaining, union…

This is the 22nd in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…

This paper examines the practice of search and seizure from a legal perspective. All issues concerning lawful or unlawful search and seizure, whether in a public school or otherwise, are predicated upon the Fourth Amendment to the United States Constitution. The terms "search,""seizure,""probable…

This is the 23rd in a series of yearly updates of judicial decision summaries for case law related to elementary- and secondary-education issues. One can use previous and future editions to track decisions on appeal or to spot trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

This chapter summarizes a number of cases in which the Supreme Court has dealt with the separation of church and state question presented by the First Amendment. These include an Arkansas statute that excluded Darwinian theory from the high school science curriculum. The Court declared the statute unconstitutional because the exclusion was…

The authority that local school officials and state athletic and activity associations have over extracurricular activities is the subject of this survey of reported cases beginning in 1980. Legal developments are discussed in the areas of general transfer rules, transfers and private schools, ineligibility based on nonschool incidents, team and…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…