Discusses how using "Pickering v. Board of Education" or "Hazelwood School District v Kuhlmeier" as precedents in cases involving classroom speech by teachers has fostered court inconsistency. Proposes a judicial standard that emphasizes adequate notice to teachers when certain speech is proscribed and scrutinizes school-board…

Authors discuss several key legal issues involving the testing and licensing of teachers to improve educational quality. Primary focus is on federal constitutional and statutory issues in testing those who belong to different racial/ethnic, gender, age, language, and disability groups. Addresses legal implications of new testing requirements in…

The memorandum opinion and order submitted to the United States District Court judge in the Ann Arbor, Michigan case of Martin Luther King Junior Elementary School Children vs. the Ann Arbor School District Board concerning the educational rights of students speaking black English outlines the history of the litigation, describes the parties to…

This paper evaluates the effectiveness of governmental actions from 1967 to 1974 to integrate public schools in the nation's cities. Data used were obtained from the Office of Civil Rights and were drawn from school districts in the 100 largest metropolitan areas. The results of this evaluation indicate there are substantial indications of…

Congressional attempts to curb the power of the Federal courts in the area of school desegregation date largely from the Supreme Court's decision in Swann v. Charlotte-Mecklenburg Board of Education in 1971. It is a response to the court's approval in that case of busing as a remedy that may in some circumstances be used to alleviate the effects…

Although the Federal courts have displayed a notable concern for the potential effects of resegregation in their adjudication of disputes involving public aid to private schools, they have generally rejected the idea that the threat of resegregation should be taken seriously in drawing up desegregation plans for public school districts. The…

This document contains statements by educators, government officials, constitutional experts, and concerned citizens and groups concerning House Joint Resolution 620, other proposed amendments to the constitution, and legislative measures relating to the assignment and transportation of school pupils. The joint resolutions and proposals take…

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…

Finds desegregation (even that produced by federal courts) moving slowly, inequity in opportunities for Blacks in school administration, and future prospects for reform of desegregated schools, school desegregation, and minority promotion to administrative positions "extremely discouraging," especially in view of the Reagan…

Summarizes the Supreme Court's 1988-89 term in five sections: (1) civil rights in the context of employment and other liability-related issues; (2) special education; (3) freedom of speech and religion issues; (4) school desegregation; and (5) school finance-related issues. A list of all cases discussed, including case citations, is included at…

This review article examines judicial pronouncements on the law of higher education during 1993. It focuses on cases addressing institutional powers, the First Amendment, invasion of privacy, tort liability, immunities, access to records and meetings, funding, employment, adverse disciplinary decisions, and student discrimination. (MDM)

This pamphlet analyzes the clash between higher education institutions' concerns for preserving the confidentiality of peer faculty review and the need for relevant evidence when a disappointed faculty member suspects that a negative tenure decision is infected with illegal bias. Until recently many institutions decided whether to give tenure to a…

Designed to provide an introduction to major issues, controversies, and case law related to Title IX of the Education Amendments of 1972, this handbook is intended to promote more informed interaction between administrators and the attorneys who represent and advise them regarding sex discrimination issues. Following a brief explanation of the…

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…

This supplement to ED 086 806 discusses developments in the field of equal employment opportunity (EEO). A section on recent developments under Title VII of the Civil Rights Act of 1964, as amended, covers the American Telephone and Telegraph Consent Decree, other conciliation and consent agreements, labor relations aspects, individual suits,…