Legal issues involved when a religious college accepts government financial assistance and potential legal strategies that the religious colleges might use to support receipt of such assistance are considered. In order to receive government benefits, the private religious college may be placed in the position of having to prove itself…

Cases involving employment interests of teachers, administrators, and other school employees generally continue trends set in earlier years. Discrimination considerations continue to play an important role. One area in which the courts might be said to intervene somewhat more than in others is the prevention and remediation of race discrimination.…

This amicus curiae was filed by the Educational Testing Service (ETS) in the case of the United States of America and North Carolina Association of Educators v. North Carolina, which involved the validity of North Carolina's use of the National Teacher Examinations (NTE). The NTE, a battery of achievement tests designed to measure the academic…

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…

Provides a model National Assessment of Educational Progress (NAEP) essay examination that teachers may use to evaluate higher-order thinking among social studies high school students. Presents a constitutional issue for students to argue positions. Reports examination results from 51 classrooms. Includes essay examples and scoring rationale.…

The review of judicial cases and decisions concerning higher education in 1991 looks at trends and developments in litigation addressing institutional powers, the First Amendment, tort liability, institutional contracts, immunities, access to records and meetings, funding, employment, adverse academic and disciplinary decisions, discrimination…

This case is about the clash between traditional community values and multicultural values in the context of same-sex couples at a high school prom. Within this context, a new principal must deal with competing personal and professional values, as well as the competing divergent views of district level administrators, school board members,…

The Fourth Amendment protects an individual's justified expectations of privacy against unreasonable government intrusions; however, reasonable intrusions are allowed when legitimate governmental interests are served. This volume is intended to provide guidelines for school administrators on how to conduct searches and seizures in a manner…

This document consists of a study unit and an accompanying teacher's guide prepared to assist teachers and community groups in discussing some of the legal and constitutional issues raised by the verdict in the Rodney King beating case. The study unit's first section, "Trial and Verdict," examines such issues as the public perceptions of…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Student rights to freedom of speech and the legitimate degrees of control available to principals are discussed in this paper. An overview of pertinent federal litigation focuses on two landmark cases involving oral and written speech, respectively: Bethel School District #403 v. Fraser; and Hazelwood School District v. Kuhlmeier. A conclusion is…

This handbook summarizes current legal doctrine, state statutes, and federal and state regulations regarding the treatment of public school pupils in Wisconsin. It reports on court decisions that are binding in Wisconsin and those from other courts around the country that illustrate how pupil issues have been handled in other jurisdictions. After…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…