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Zirkel, Perry A. – Phi Delta Kappan, 1999
A federal district court reinstated a competent volleyball coach when her Utah district reassigned her after discovering her gayness. The case seems a clear-cut lesson for school officials. Closer examination reveals the line drawn (between private behavior and public expression) that administrators and judges face when addressing homosexuality.…
Descriptors: Court Litigation, Freedom of Speech, High Schools, Physical Education
Zirkel, Perry A. – Phi Delta Kappan, 2001
Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Middle Schools
Flygare, Thomas J. – Phi Delta Kappan, 1983
School boards may permit incumbent teacher unions access to mailboxes while prohibiting rival unions such access. Dissenting justices argued that exclusive access is discrimination and amounts to censorship and infringement of the First Amendment. School boards should consider carefully before granting exclusive access to incumbent unions. (PB)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Teacher Associations
Zirkel, Perry A. – Phi Delta Kappan, 2002
Analyzes Massachusetts case involving Salem State College decision to prevent a student from continuing his student teaching at an elementary school because of his continued expression of strongly held religious views in the classroom. First Circuit Court of Appeals upheld the college's decision rejecting the student's claim that his 1st and 14th…
Descriptors: College Programs, Court Litigation, Elementary Education, Freedom of Speech
Zirkel, Perry A. – Phi Delta Kappan, 2001
The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)
Descriptors: Constitutional Law, Contracts, Court Litigation, High Schools
Zirkel, Perry A. – Phi Delta Kappan, 2002
Discusses a federal district court decision ordering a trial to determine if the New York City Public Schools created a "hostile work environment" in violation of the Equal Employment Opportunity Act by not protecting a Sri Lankan-born teacher from repeated ridicule and harassment by students. (Contains 10 references.) (PKP)
Descriptors: Court Litigation, Discipline, Elementary Secondary Education, Federal Courts
Lines, Patricia M. – Phi Delta Kappan, 1985
A review of court decisions about teacher testing programs shows that tests must be equitable and fair, must not be used to discriminate by race or sex, and that adequate notice to teachers is required. (MLF)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Justice
Zirkel, Perry A. – Phi Delta Kappan, 1998
Discusses an unsuccessful lawsuit brought by Margaret Boring, an acclaimed high school drama teacher in Buncombe County, North Carolina. She was transferred to a middle school for allegedly violating the school's "controversial materials" policy after students performed an expurgated version of Lee Blessing's "Independence."…
Descriptors: Academic Freedom, Censorship, Court Litigation, Dramatics
Zirkel, Perry A. – Phi Delta Kappan, 2000
Discusses a 2000 federal trial court decision upholding a Kentucky district's termination of a tenured teacher who presented a curricular segment on industrial hemp as part of a "save-the-trees" unit. The decision underscores teachers' severely limited constitutional rights in the curricular context. (MLH)
Descriptors: Constitutional Law, Court Litigation, Curriculum, Due Process
Flygare, Thomas – Phi Delta Kappan, 1984
Discusses a 1984 United States Supreme Court ruling against 20 faculty members not belonging to the Minnesota Community College Faculty Association (MCCFA) who alleged that their right to meet and confer with their employers over employment terms and conditions was violated by MCCFA representation excluding nonunion members. (JBM)
Descriptors: Academic Freedom, Civil Rights, Court Litigation, Employer Employee Relationship