Author Perry Zirkel writes in this article that given the central role of law in special education, exemplified by the Individuals with Disabilities Education Act (IDEA), it is fitting that the literature is replete with refereed journal articles specific to the legal dimension of various key issues of professional practice. He feels, however,…

Educational law is a critical piece of the education conundrum. Principals reference law books on a daily basis in order to address the wide range of complex problems in the school system. A principal's knowledge of law issues and legal decision-making are essential to provide effective feedback for a successful school.

Public schools are full of incidents that fill newspapers, but when a private school is struck with instances of libel, child abuse, and violations of Title IX, the community is at a loss as to what to do.

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

School districts are facing a sensationalized and alarming trend of unprofessional conduct and social media misuse by public school teachers. Likewise, recent court cases as well as highly publicized scandals raise concern that inappropriate relationships between teachers and students can be initiated through online social media. These emergent…

Many of the recent legal decisions regarding public employee expression, particularly in electronic environments, run counter to the culture being facilitated by the Internet. This article uses a legal analysis to examine recent decisions and then considers those legal positions within the context of digital expression. (Contains 2 notes.)

On December 21, 1911, Fremont Weeks, an employee of the Adams Express Company, was arrested while on the job at Union Station in Kansas City, Missouri. Police suspected that Weeks was selling and "transmitting chances" in a lottery, which at the time was considered gambling, an illegal action in Missouri. While Weeks was being held at…

This article discusses whether school officials or districts can be held liable for student suicides. Generally speaking, there are two legal theories that underlie suicide-related lawsuits: (1) negligence--a claim that the school failed to uphold a particular duty to the student and that such failure contributed to the student's death (legally…

A growing number of states and local schools across the country have adopted educator evaluation and accountability programs based on the use of student test scores and value-added models (VAM). A wide array of potential legal issues could arise from the implementation of these programs. This article uses legal analysis and social science evidence…

"Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

The use of electronic reading devices has proliferated in the last few years. These reading devices appear to be particularly popular with young readers. A generation of students that has grown up with computers, cell phones, iPods, and other high-tech devices is more likely to embrace electronic book technology for both their educational and…

The purpose of this article is to persuade legal studies teachers of the benefits of using works from other disciplines to illustrate the rationales for law, the greater context in which the legal order operates, and the relationship between law and society. The tangential benefits of using works from other disciplines are the enhancement of the…

Due to the historical arrangement between Church and State, the Irish State has always discharged its duty to provide for free primary education exclusively through the provision of funding to privately owned and managed schools. Consequently, in "O'Keeffe" v. "Hickey," where a woman sued the State in respect of sex abuse she…