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Miller, Cody – Democracy & Education, 2023
In this article, I detail how I revised a social foundations of education course to center major Supreme Court cases relating to K-12 public schools. Scholars in social foundations of education have articulated a vision for the field that fosters and promotes democracy and democratic dispositions. Focusing on the Supreme Court in a social…
Descriptors: Court Litigation, Public Schools, Federal Legislation, Elementary Secondary Education
Zirkel, Perry A. – Phi Delta Kappan, 2002
Summarizes outcome of appeals to federal circuit courts of appeal and to the U.S. Supreme Court by losing parties. With few exceptions, appeals result in no significant changes in holdings. (Contains 27 references.) (PKP)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Reviews the Supreme Court's decision in "Swann v. Charlotte-Mecklenburg Board of Education" affirming court-ordered desegregation to remedy government-sanctioned desegregation. Discusses decision by the Fourth Circuit Court of Appeals that ended federal court supervision of the Charlotte-Mecklenburg School District's efforts to achieve…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, School Desegregation
Flygare, Thomas J. – Phi Delta Kappan, 1984
Jesse Vail sued an Illinois board of education in federal court over a contract dispute. The court awarded Vail damages, the decision was upheld on appeal, and the U.S. Supreme Court will be reviewing the decision in 1984. (MD)
Descriptors: Contracts, Court Litigation, Due Process, Elementary Secondary Education
Zirkel, Perry A. – Phi Delta Kappan, 2003
Analyzes California case ("Newdow v. U.S. Congress") involving Constit utional challenge to the phrase "under God" in the Pledge of Allegiance wherein the Ninth Circuit Court of Appeals held that the phrase violated the Establishment Clause requiring state-church separation. (Contains 11 references.) (PKP)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, State Church Separation
Wenkart, Ronald D. – West's Education Law Quarterly, 1996
The U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) has stated that school districts must continue to provide services to disabled students after expulsion even when behavior is not related to the child's disability. The OSERS opinion cites no legislative or judicial authority and directly contradicts…
Descriptors: Disabilities, Elementary Secondary Education, Expulsion, Federal Courts
Szeptycki, Leon F.; Arnold, Jean B. – West's Education Law Quarterly, 1994
The Religious Freedom Restoration Act purports to overrule the Supreme Court's decision in "Employment Division v. Smith." Discusses "Smith" and its rejection of the strict scrutiny test in challenges to facially neutral government actions that burden the exercise of religion. Analyzes the possible general effects of the act…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Federal Legislation
Julnes, Ralph E. – West's Education Law Quarterly, 1994
Courts in the Ninth Circuit are required to apply a four-factor balancing test when reviewing school districts' least restrictive environment (LRE) placement decisions for children with a disability. Discusses the Ninth Circuit's new LRE test, LRE tests previously announced in other circuits, and the fact that the Supreme Court has not addressed…
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Federal Courts
Gordon, William M.; Bartz, David E. – West's Education Law Quarterly, 1993
Unitary status in school desegregation occurs when the federal district court dissolves all injunctions and releases the school district from further court supervision. Reviews several lower court decisions of the late l980s and the recent Supreme Court's decisions in "Dowell" and "Pitts." (MLF)
Descriptors: Desegregation Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Tatel, David S.; And Others – West's Education Law Quarterly, 1994
Reviews the Supreme Court decisions on issues of interest to school districts. Also analyzes cases relevant to public schools that the Court declined to review. Summarizes a number of cases that the Court will hear in its term beginning October 1993 and that may have a major impact on school districts. An appendix lists the cases cited. (MLF)
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts
Russo, Charles J. – School Business Affairs, 2002
Provides a brief background on the development of the concept of right-to-work statutes in the private sector under the National Labor Relations Act; reviews right-to-work statutes in public education and examines the status of fair-share agreements. (Contains 23 references.) (Author/PKP)
Descriptors: Collective Bargaining, Court Litigation, Elementary Secondary Education, Federal Courts
Zirkel, Perry A. – Phi Delta Kappan, 2001
Discusses recent Third Circuit Court of Appeals decision in Pennsylvania case supporting claim that State College Area School District's anti-harassment policy violated two students' First Amendment right of free expression because it was overbroad. Draws lessons for public school officials. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
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Henderson, Donald H. – Journal of Law and Education, 1986
Reviews the 1977 Supreme Court decision in "Ingraham vs. Wright." The court held that the cruel and unusual punishment clause of the Eighth Amendment and the procedural due process clause of the Fourteenth Amendment did not apply to corporal punishment in the public schools. (MD)
Descriptors: Corporal Punishment, Court Litigation, Discipline Policy, Elementary Secondary Education
Wood, R. Craig – School Business Affairs, 1983
Analyzing the United States Supreme Court decision in "Mueller v. Allen" declaring that certain forms of tuition tax credit are not unconstitutional, the author points out that school administrators should monitor legislative activities and be active in state policymaking or the future may hold larger tax credits and direct financial…
Descriptors: Administrators, Court Litigation, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1982
The U.S. Supreme Court decision in "Valley Forge Christian College v. Americans United for Separation of Church and State, Inc." may indicate a reluctance to involve federal courts in cases concerning issues such as school prayer, the science curriculum, and the selection of textbooks and library books. (Author/WD)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Higher Education
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