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Miller, Cody – Democracy & Education, 2023
In this article, I detail how I revised a social foundations of education course to center major Supreme Court cases relating to K-12 public schools. Scholars in social foundations of education have articulated a vision for the field that fosters and promotes democracy and democratic dispositions. Focusing on the Supreme Court in a social…
Descriptors: Court Litigation, Public Schools, Federal Legislation, Elementary Secondary Education
Collins, Hannah – Journal of Negro Education, 2021
In two mid-sized, southern cities, Nashville and Louisville, communities took vastly different approaches to public school desegregation. Where Louisville saw widespread success in fully integrating its schools, Nashville failed. Through qualitative research it is asked, "What are the most compelling explanations for the long-term failure of…
Descriptors: Public Schools, School Desegregation, Educational Change, Whites
Torres, Mario S., Jr. – Journal of School Leadership, 2012
This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…
Descriptors: Cues, Court Litigation, State Courts, Federal Courts
Russo, Charles J. – Education and the Law, 2008
In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…
Descriptors: Constitutional Law, Public Schools, Search and Seizure, Student Rights
Marshall, Joanne M. – School Administrator, 2008
Public schools, since their founding in America in 1647, have reflected the demographic characteristics of the communities in which they are located. Because the United States has, until recently, been mostly Protestant Christian, many schooling practices have built upon the values of this faith. Pupils have sung Christmas songs at Christmas…
Descriptors: Ceremonies, Federal Courts, Constitutional Law, State Church Separation
Wenkart, Ronald D. – West's Education Law Quarterly, 1996
The U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) has stated that school districts must continue to provide services to disabled students after expulsion even when behavior is not related to the child's disability. The OSERS opinion cites no legislative or judicial authority and directly contradicts…
Descriptors: Disabilities, Elementary Secondary Education, Expulsion, Federal Courts
Szeptycki, Leon F.; Arnold, Jean B. – West's Education Law Quarterly, 1994
The Religious Freedom Restoration Act purports to overrule the Supreme Court's decision in "Employment Division v. Smith." Discusses "Smith" and its rejection of the strict scrutiny test in challenges to facially neutral government actions that burden the exercise of religion. Analyzes the possible general effects of the act…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Federal Legislation
Gordon, William M.; Bartz, David E. – West's Education Law Quarterly, 1993
Unitary status in school desegregation occurs when the federal district court dissolves all injunctions and releases the school district from further court supervision. Reviews several lower court decisions of the late l980s and the recent Supreme Court's decisions in "Dowell" and "Pitts." (MLF)
Descriptors: Desegregation Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Epley, B. Glen – NASSP Bulletin, 2007
Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…
Descriptors: Court Litigation, Constitutional Law, Public Schools, State Church Separation

Dratler, Jay, Jr. – Journal of Law and Education, 1990
Argues for a balance of copyright incentives more favorable to education: (1) introduces the dilemma of choice between infringing others' copyrights and observing legal procedure; (2) discusses Congress's accommodation of education under the Copyright Act of 1976; (3) describes a legislative solution; and (4) suggests statutory language for an…
Descriptors: Compliance (Legal), Copyrights, Court Litigation, Federal Courts
DeBray-Pelot, Elizabeth H. – Educational Policy, 2007
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…
Descriptors: Federal Legislation, Politics of Education, Boards of Education, Transfer Policy

Hopkins, W. Wat – West's Education Law Reporter, 1988
Public officials are required to prove actual malice before they can win damages in libel actions. Reviews the Supreme Court's decisions regarding public persons and teachers and lower courts' conflicting rulings that teachers are public officials and that teachers are not public officials. (MLF)
Descriptors: Court Litigation, Federal Courts, Legal Responsibility, Public Officials
Dayton, John – West's Education Law Quarterly, 1994
Provides a brief history of the Supreme Court's pivotal decisions on public school desegregation. Reviews the Court's decisions in "Board of Education v. Dowell" and "Freeman v. Pitts." Provides an analysis of "Freeman" and its effect on public school desegregation law. (68 footnotes) (MLF)
Descriptors: Court Role, Desegregation Litigation, Elementary Secondary Education, Federal Courts

Cohen, Henry; Jones, Nancy Lee – Journal of Law and Education, 1988
The Handicapped Children's Protection Act of 1986 authorizes courts to award attorneys' fees to handicapped children. Examines Supreme Court's decisions and the history of the act, then analyzes the innovative features of its attorneys' fees provisions. (MLF)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Federal Courts
Sendor, Benjamin – American School Board Journal, 1984
In "Crockett v. Sorenson" a voluntary public school Bible class was found unconstitutional because of sectarian control of the program, and guidelines for a constitutional Bible course were suggested. "May v. Cooperman" ruled against the constitutionality of the moment of silence, a question not yet addressed by the Supreme…
Descriptors: Biblical Literature, Court Litigation, Elementary Secondary Education, Federal Courts