The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…

Free speech jurisprudence is caught between crediting the First Amendment rights of students when they resemble adults or restricting such rights when students seemingly act as children. In "Morse v. Frederick" (2007), the Supreme Court ruled against Joseph Frederick and his "Bong Hits 4 Jesus" banner because Frederick's speech…

Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent…

Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

Although it is generally acknowledged that the building of mass schooling systems must be considered in close relation to the emerging nation-states of the long 19th century, few published studies discuss the interrelation between the actual foundation of the (nation-) states and the introduction of the modern school. This article examines the…

This case illustrates why future school leaders must be prepared to handle complex legal and political issues that commonly arise in school districts today. We discuss a long-standing and unresolved legal battle between a Hasidic Jewish community and the public school district in East Ramapo, New York. In particular, we examine the difficulties…

Background: By a 5-4 margin, the U.S. Supreme Court in Parents Involved in Community Schools v. Seattle School District No. 1 declared that voluntary public school integration programs were unconstitutional. Citing the prospective harm that students and their families might incur from being denied admission to the high school of their choice, the…

Background/Context: In June 2007, the U.S. Supreme Court ruled to prohibit student assignment on the basis of race. In Parents Involved in Community Schools v. Seattle School District No. 1 (hereafter referred to as PICS), the court deemed race-based strategies used to voluntarily desegregate school districts to be unconstitutional. Although the…

"Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

Background/Context: The Supreme Court's June 2007 decision on the Parents Involved in Community Schools v. Seattle School District No. 1 (PICS) provides an important context for school districts and educational policy makers as they consider the role of race in school assignment. The PICS decision has been described as essentially…

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…

In Canada, education is generally referred to as being the exclusive constitutional responsibility of the provinces and territories. However, the federal government has a constitutional responsibility. This responsibility comes from the Constitution Act 1982 and Treaties 1-11 between the Crown (i.e., The Government of Canada) and First Nations…

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…