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Showing 1 to 15 of 44 results Save | Export
Flygare, Thomas J. – Phi Delta Kappan, 1984
Jesse Vail sued an Illinois board of education in federal court over a contract dispute. The court awarded Vail damages, the decision was upheld on appeal, and the U.S. Supreme Court will be reviewing the decision in 1984. (MD)
Descriptors: Contracts, Court Litigation, Due Process, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 2001
In a case involving an injured football player, an 11th Circuit judge viewed a coach's refusal to stop a fight as corporal punishment. Federal courts in five circuits have ruled that excessive corporal punishment violates the Due Process Clause if it is so brutal and harmful that it shocks the court's conscience. (MLH)
Descriptors: Corporal Punishment, Court Litigation, Due Process, Federal Courts
Peer reviewed Peer reviewed
Roy, Lynn – Journal of Law and Education, 2001
After reviewing the history of corporal punishment in schools, author discusses "Ingraham v. Wright," wherein the U.S. Supreme Court found that the use of corporal punishment in schools was not unconstitutional. Calls for the federal courts to ensure that a student's 14th Amendment liberty interest is protected when subjected to…
Descriptors: Corporal Punishment, Court Litigation, Due Process, Elementary Secondary Education
Flygare, Thomas J. – Phi Delta Kappan, 1980
This case is significant because it goes further than any other earlier decision in describing the outlines of the substantive due process concept as it applies to school discipline. (Author)
Descriptors: Constitutional Law, Corporal Punishment, Court Litigation, Due Process
Flygare, Thomas J. – Phi Delta Kappan, 1980
In "Clark v Whiting," a federal appeals court affirmed the district court's dismissal of a biology teacher's suit contending that he was denied due process and equal protection in being refused promotion to full professor. (IRT)
Descriptors: College Faculty, Court Litigation, Due Process, Equal Protection
Ford, Deborah L.; Strope, John L., Jr. – West's Education Law Quarterly, 1996
The "Horowitz" and "Ewing" decisions defined the rights to due process in academic matters on the public postsecondary campus. This study bring the law forward since the 1978 and 1985 Supreme Court decisions by identifying and analyzing 59 cases. (142 footnotes) (MLF)
Descriptors: Academic Standards, College Students, Court Litigation, Due Process
Peer reviewed Peer reviewed
Cooper, Dolores; Strope, John L., Jr. – West's Education Law Reporter, 1990
Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)
Descriptors: Court Litigation, Discipline, Due Process, Elementary Secondary Education
Splitt, David A. – Executive Educator, 1985
A federal court awarded attorney fees in a P.L. 94-142 case on the basis of violation of a handicapped student's due process rights, and the U.S. Surpeme Court will review another P.L. 94-142 case that could have an impact on special education budgets. (DCS)
Descriptors: Court Litigation, Disabilities, Due Process, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 1998
In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…
Descriptors: Discipline, Due Process, Federal Courts, High Schools
Heller, Scott – Chronicle of Higher Education, 1986
A U.S. Court of Appeals has upheld significant portions of an arrangement allowing Rutgers University faculty to pay agency fees in lieu of union dues and still be covered by a collective bargaining contract, despite contention that aspects of the agreement violated their constitutional rights to free speech. (MSE)
Descriptors: Collective Bargaining, College Faculty, Constitutional Law, Court Litigation
Peer reviewed Peer reviewed
Lufler, Henry S., Jr. – Education and Urban Society, 1982
Investigates the expansion of student due process rights and the discipline issues resolved by the United States Supreme Court. Considers lower court interpretations of these decisions and issues currently being raised. Suggests that legal cases which have nothing to do with discipline have affected the way school personnel view discipline.…
Descriptors: Administrator Attitudes, Court Litigation, Discipline Policy, Due Process
Peer reviewed Peer reviewed
Reschke, Michael W. – University of Illinois Law Forum, 1979
Whether or not a provision of the 1978 Amendments to the Age Discrimination in Employment Act of 1967 should be applied retroactively is discussed, with reference to results of recent court litigation. Available from University of Illinois, College of Law, Law Building, Champaign, IL 61820; $3.50. (MSE)
Descriptors: Age Discrimination, Court Litigation, Due Process, Employment Practices
Peer reviewed Peer reviewed
Osborne, Allan G., Jr. – Remedial and Special Education (RASE), 1989
The Supreme Court's 1985 decision regarding reimbursement of private school tuition to parents, in accordance with Public Law 94-142, has raised several new issues that lower courts have since dealt with, such as costs of related services, use of nonapprpoved facilities, requirement for prior school district evaluation, and others. (Author/PB)
Descriptors: Court Litigation, Disabilities, Due Process, Elementary Secondary Education
Peer reviewed Peer reviewed
Bright, Myron H. – NASSP Bulletin, 1979
Reviews United States Supreme Court and Federal Appellate Court decisions on student and teacher rights, particularly due process (procedural and substantive) rights. (PKP)
Descriptors: Administrators, Constitutional Law, Court Litigation, Desegregation Litigation
Peer reviewed Peer reviewed
Gunn, Lee D. – Journal of Law and Education, 1982
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.…
Descriptors: Accountability, Court Litigation, Due Process, Federal Courts
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