The focus of this paper is the extent to which the judiciary sets the tone for freedom of speech in educational environment, and in so doing, helps define educational institutions themselves. In particular, the paper examines what the federal courts have said about the roles and obligations of educators when dealing with the rights of public…

The "pig in the parlor" refers to a growing area of censorship. In this paper, "parlor" stands for public schools, and "pig" for speech that need not be protected if it occurs at an inappropriate time or place, i.e., if such speech is not considered to bear the "imprimatur" of the schools. A review of the…

In three recent cases, courts upheld school officials' decisions to prohibit students' school-based religious activities. Contends that the school boards and courts failed to exercise sufficient care in weighing students' right to engage in private religious activity during free time. (MLF)

Two federal courts of appeals each reversed a controversial lower court decision and in the process reaffirmed state control over curriculum policy. Discusses the implications of these cases for the scope and the limits of school board authority over the curriculum. (MLF)

This paper presents court cases for the purpose of updating current knowledge on search and seizure of students in the school setting. These cases focus on the balance and interplay between students' Fourth Amendment rights and school administrators' obligations to maintain order and discipline in the schools. Part of this obligation implies…

In July 1993, the Michigan legislature did away with the local property tax as a source of operating revenue for the public schools. Analyzes the implications of Michigan's school finance and education reform for fiscal equity, with particular emphasis on constitutional guarantees, equal protection of the laws, and educational quality. (112…

In "Mergens," the Supreme Court ruled that the Equal Access Act was constitutional and that students at a high school with a "limited open forum" could participate in a prayer club. Provides a chronology of First Amendment and Equal Access Act cases; advises school boards about policy issues; and lists the availability of a…

Examines federal and state court decisions in school finance litigation involving the argument that education is a fundamental right with equal opportunity and equal protection. Outlines legal strategy for educational reform by arguing that surrogates for these concepts are state education laws requiring uniform, common or thorough, and efficient…

Focuses on the operational meanings of the following terms--"handicapped individual,""otherwise qualified,""reasonable accommodation," and "essential functions of the job"--as developed primarily in federal court decisions concerned with employment issues associated with handicapped persons in public…

The Ninth Circuit Court of Appeals decision in "Planned Parenthood" supported school officials who refused to publish certain advertisements in school-sponsored newspapers. Contends that school officials' desire to avoid any possible controversy was the underlying motive for the decision to not publish the advertisement. (MLF)

The Ninth Circuit Court of Appeals ruled that the Equal Access Act (EAA) had precedence over the state constitution under the Supremacy Clause. Examines that decision and considers its implications for the implementation of the EAA as well as other issues in church-state separation in education. (53 footnotes) (MLF)

School boards need to keep current on the status of graduation prayer. The "Weisman" decision said graduation prayers violated the First Amendment; the "Jones" decision would allow graduation ceremonies with student-led invocations and benedictions. Reviews these decisions to pinpoint the sources of confusion in subsequent…

In its 1988-89 term, the Supreme Court, dominated by a conservative 5-4 majority made possible by the addition of Justice Kennedy, issued a number of decisions of significance to school districts. These decisions of the Supreme Court's 1988-89 term are summarized in this study and organized by subject matter into five sections: (1) civil rights in…

The Supreme Court's "T.L.O." decision and its application by the lower courts provide school administrators with considerable guidance in dealing with search and seizure situations. A nationwide survey of 238 high school principals indicates the status of search and seizure practices in public secondary schools. (MLF)

In reviewing court cases in education, the author focuses on the interrelationships among judicial decisions, educational administrators' prerogatives, and the economic welfare of public education. Cases are drawn from the areas of racial segregation, handicapped and bilingual education, state financing of schools, and church-state separation.…