This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…

The Yearbook of Education Law contains analyses of the previous year's federal and state court decisions that affect private and public elementary and secondary schools and higher education. The Yearbook provides summaries and analyses of relevant state appellate and federal trial and appellate court cases. Contents include: (1) Employees; (2)…

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

Reviews 18 criminal cases decided by state appellate courts that have applied standards set forth by U.S. Supreme Court in "New Jersey v. T.L.O" which defined extent to which public school officials could constitutionally search students and their property. Contends Supreme Court made it possible for state courts to practically expunge…

Examines the issue of whether implementation of the Equal Access Act would violate the constitutions of some states that require a stricter separation of church and state than the federal Constitution. (MLF)

An analysis of litigation involving teachers in their relation to the public school system between the years 1965-1986 identified the issues that have generated over 4,000 lawsuits. The findings have public policy implications for state legislatures and teacher organizations. (MLF)

A modified analysis of the "Lemon" test as set forth in Supreme Court opinions is explained, and relevant lower court cases are reviewed. Determines that the modified standard is heightened and consistently applied within K-12 education activities. (MLF)

Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…

In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)

Much of the chaos in public school curriculum is a result of issues concerned with authority and governance in curriculum development. Mandates by federal courts, Congressional legislation, state courts, and contracts with professional employees impact on decisions of local education authorities. Needed changes in the structure of curriculum…

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

The United States Supreme Court is currently deliberating the case of "Kiryas Joel." At issue is a public school district set up specifically to meet the religious needs of an orthodox Jewish community, as the community defines them. Presents opposing arguments from the New York State School Boards Association and the National Jewish…

Discusses the Montana Supreme Court's declaration that the Montana system of financing education was unconstitutional as it relates to emerging legal principles drawn from federal school finance court challenges. Speculates on future directions in state education finance equity litigation. (54 references) (MLF)

Disagrees with Ferraraccio's views and argues that: (1) students do bring illegal weapons to school; (2) metal detectors do detect weapons and help schools to disarm students; (3) disarming students reduces the threat of violence; and (4) courts have repeatedly approved the constitutionality of weapon-related suspicionless student searches…

This paper takes a brief look at how several courts have interpreted the Education for All Handicapped Children Act, generally known as Public Law 94-142, and the Rehabilitation Act of 1973, generally referred to as Section 504. The questions under consideration include the right of an individual to sue under 94-142 and 504; the definition of the…