The government of Ontario announced in 1984 that it would begin to fund Catholic high schools in 1985. Prior to this announcement, Ontario had operated since the 1800s under a system that provided for the public funding of a dual system of Protestant and Catholic public elementary schools and a single system of nondenominational secondary schools.…

The quality of education being offered by institutions of higher education is being questioned. Trends toward educational quality are evident by court cases that are cited; the issue has been school finance. The equal protection clause of the Constitution has been extended to apply to several areas through the idea of "fundamental rights." The…

This inquiry examines the accreditation process for church-related schools under both the establishment and free exercise clauses of the First Amendment and explores how these clauses work together to inform the issue. Included is an examination of the nature and function of the various accrediting agencies. (TE)

Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution, or of the New Hampshire Constitution? No. A…

Examines the law of special educational needs in the United States and England, focusing on local authorities' power to determine provision levels. American courts have closely linked education and equality; constitutional law concentrates on the child's legal rights. The English system does not recognize a right to education or equal access to…

A federal court decision in which the University of Texas was supported in preferential admissions treatment of minority law school applicants is criticized as perpetuating racial discrimination by a state institution. The suit was brought by four white applicants who would likely have been admitted if they were of a preferred racial group but…

It is argued that the arguments currently advanced for limiting speech on college campuses are also arguments that will compromise academic freedom and that a distinction needs to be made between the right of free speech and the wisdom of exercising the right on any given occasion. (MSE)

Constitutional implications of the University of Massachusetts' establishment and termination of a legal services office, and a student challenge to its closure, are examined, focusing on the court's decision to disregard forum analysis and instead apply subsidy analysis, which almost predetermined the final holding. (MSE)

In the context of recent Supreme Court litigation (Jeffries versus Harleston) concerning academic freedom at City College of New York, the nature and parameters of academic freedom are examined, and harms to an institution that might justify legal action against a professor are discussed. It is concluded that the professor's dismissal was neither…

Inequality in school facilities is emerging as a pivotal factor in court decisions that have ruled state school-funding systems unconstitutional. This report examines cases in three states--Arizona, Ohio, and Texas--where courts considered school facilities paramount in ruling the funding system unconstitutional. Arizona's school funding system…

A student's right to freedom of expression was well-protected by twenty years of legal history until the United States Supreme Court in its 1988 decision Hazelwood School District, et al. v. Kuhlmeier, et al. sharply limited this right by approving a school district's censorship of a high school newspaper. Prior to the Kuhlmeier decision courts…

This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of…

Since 1970 approximately half of the states have challenged the constitutionality of state educational funding methods under equal protection or educational adequacy grounds. A review of court cases finds no clear trend towards acceptance or rejection of state provisions for school financing but does reveal a heightened awareness of inequity in…

In Smith vs. Regents of the University of California, the California Supreme Court established new constitutional limitations on use of mandatory student fees. This article examines the Court's restriction of use of funds for ideological or controversial extracurricular programs and concludes that the distinction between educational and political…

The phrase "excluding Indians not taxed" appears in both Article I and the Fourteenth Amendment of the US Constitution. This essay examines the phrases "excluding Indians not taxed" and "subject to the jurisdiction" of sections 1 and 2 of the Fourteenth Amendment as they apply to Indians. This essay, through analysis…