The doctrine of in loco parentis (that school authorities stand in the place of a parent while a child is attending school) was always used to measure the rights of authorities relative to student conduct. In 1969, however, the Supreme Court rang the death knell for unrestricted control by school officials over students in its decision on "Tinker…

This book describes and analyzes recent court cases involving the broad topic of student discipline in an attempt to aid school officials in understanding and complying with the underlying legal principles governing this area of school law. Individual chapters focus on the topics of the in loco parentis doctrine, due process and student…

Despite the significant amount of attention given to student description, a serious controversy remains regarding the procedures that constitute effective discipline. This book is designed to meet the need for systematic investigation of the parameters of appropriate disciplinary practices for all students. It helps administrators formulate,…

This book examines the incidence and impact of school suspension and discusses its effectiveness as a disciplinary measure. Basically, this publication is intended to follow up and expand on a 1974 report on the use of school suspension, "Children out of School in America." Data for this current study were drawn from suspension data…

The courts have come to play an increasingly important role in educational policy making and the administrative management of our public schools. This is especially apparent in the context of school discipline where numerous and varied controversies have been translated into legal disputes over the past three decades, many of which have ultimately…

Chapter 18 of a book on school law summarizes court decisions that have established the responsibility of school officials, when taking disciplinary action, to conduct hearings to protect employees' and students' due process rights. The courts have used a balancing test to determine whether a trial procedure or a more informal procedure can be…

The Children's Defense Fund Studied school suspension data from HEW's Office of Civil Rights and held independent interviews with administrators, students, and community members in districts around the country. They concluded that suspending children from school happens arbitrarily and very frequently, for non-serious reasons, without fair review…

Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required;…

This handbook provides an overview of legal issues pertaining to the safety of public schools. Following the introduction, chapter 2 describes the governance model and philosophy on which American education is based. Court decisions and federal and state legislation that mandate the right to a safe school are discussed in chapter 3. The fourth…

This publication contains articles that focus on the legal issues that confront schools when they use various means to maintain order and safeguard student well being, and examine the liability that may be imposed if they fail to do so. Following the foreword and the introduction, the articles include: (1) "Legal and Policy Issues in Curbing…

Two 1975 Supreme Court decisions (Goss v. Lopez and Wood v. Strickland) have caused educators to reevaluate discipline policy in light of due process for students. Increased attention to student rights and concern for civil liberties have contributed to closer examination of suspension and expulsion in particular. School districts and state…

This annual monograph contains summaries of court decisions found in federal and regional reports during the period from July 1, 2001, to June 30, 2002. These cases provide a general overview of school law issues for practicing administrators, teachers, and school board members. This edition contains updates of cases previously decided, either at…

This handbook is designed for all school and community members who are interested in developing or improving discipline policies and procedures. It is divided into seven sections covering the various issues discipline policy writers must typically address. There are also guidelines for developing and communicating discipline information and…

The "Declaration of Independence" guarantees Americans the right to life, liberty, and the pursuit of happiness. However, these rights have not been uniformly available to all citizens. Individuals with disabilities, for example, have received unequal treatment and have been victims of both intentional and unintentional discrimination.…

The theme of this volume is new perspectives on organizational justice (OJ). It considers justice beyond the organizational context by recognizing that what happens in organizations influences and is influenced by aspects of workers' lives that occur outside the workplace. "Economic and Noneconomic Mechanisms in Interpersonal Work…