This paper offers administrators, teachers, and school boards an introduction to legal issues surrounding teacher dismissal and school desegregation and summarizes a study of all teacher dismissal cases heard from 1970 through 1981 in the Fifth Circuit Court of Appeals. Most of the report is devoted to an overview of the historical development of…

A review of 16 Federal Court of Appeals cases indicates the impact of the "Connick v. Myers" case on the nature of freedom of speech in public organizations. The case involved the firing of an assistant district attorney for circulating a job satisfaction survey after she was transferred to a less desirable section of the courts. Since…

Major legal issues confront urban schools today, among them: (1) equal access of racial groups to quality education; (2) students' rights to due process; (3) teachers' rights to due process, academic freedom, collective bargaining, and promotion to administrative positions; (4) equal opportunity for those needing special education; (5) equal…

After a unique court decision forbidding prior restraint in public high school publications in three states, a study was devised based on the responses to individual questionnaires sent to principals, faculty advisers, and student editors in each of the schools in the judicial district involved in the decision. Respondents answered questions…

Dress codes directed at gang attire present school officials with the dilemma of ensuring the safety of the students in a school environment versus the First Amendment rights of students to express themselves. A review of some of the court decisions limited to freedom of expression and general dress code cases serves as a foundation from which to…

This paper explored the question of the applicability of Title VI of the Civil Rights Act of 1964 and Title IX of the Educational Amendments Act of 1972 to public broadcasting. Basically, those provisions require recipients of federal grants to use those funds in a non-discriminatory manner such that the benefit of the programs funded by the…

School board members from 50 states have in common the United States Constitution and the legal principles announced by the federal courts in response to that Constitution. New board members are usually concerned with the rights of teachers, parents, and students. Starting with student rights, student conduct that involves freedom of expression…

Eight years ago, official resistance to desegregation of the public schools in South Carolina was still firm. Due to the pressure applied by the Federal Courts and the Department of Health, Education, and Welfare (HEW) Office of Civil Rights, more desegregation began to occur gradually during the years after 1966. In January 1970, the Greenville…

A survey of court litigation traces the development of case law regarding the substantive rights of elementary and high school students in relation to school board rules and regulations. The survey reveals the gradual "judicialization" (conversion of conflicts into court cases) of educational governance and the delimiting of the school…

The effects of bilingual education and programs for students who are not native speakers of English have not been researched thoroughly enough to provide sufficient, accurate, and meaningful evidence that will support litigation. Accordingly, this paper provides a historical review of the role of litigation in obtaining educational equity for…

This is a compilation of presentations delivered at the National School Boards Association Council of School Attorneys' Annual School Law Seminar: (1) "Environmental Hazards for Urban Schools Facing the New Challenge" (Kelly Frels, Kevin A. Ewing, Timothy A. Wilkins, Jason B. Hutt); (2) "How Accommodating? High-Stakes Testing and Federal Laws That…

Supreme Court decisions made during the previous and present terms as well as some that will be rendered next term are discussed. Among the cases, the following are of particular relevance to school board members. In "Memphis Community Schools v. Stachura" the Court declared that damages based on the "value" of constitutional…

Classroom speech of public-school teachers is a messy subject with regard to the tension between various societal demands and basic rights of students, teachers, and others at school sites. The demands are not always consistent, and rights are subject to different interpretations depending on which court decision forms the underlying basis for a…

The Reagan administration is committed to the principle of equal employment opportunity (EEO). No policy shift has occurred in the treatment of "class action" litigation, or in the "pattern or practice" suits in the Justice Department's Title VII enforcement activities. Significant money settlements have been obtained in…

The concept of academic freedom originated in situations related to higher education. Although academic freedom may apply to professors, it is far from clear how, and even why, academic freedom applies to classroom K-12 teachers. This paper treats the balancing of teacher and school district rights in suits brought by teachers who claimed that…