The purpose of this paper is to explore the due-process rights of public employees. These particular rights are grounded in the constitutionally protected liberty interest in one's good name and reputation. Both employers and employees should be aware of what parameters case law provides with regard to the dimensions of this due-process right and…

This anthology is intended to serve as an introduction to some of the big issues that shaped and continue to shape policy, practice, and debate over public schooling. Perspectives on these issues are presented in 32 chapters: (1) "The Educational Situation" (John Dewey); (2) "Progress or Regress?" (David Tyack and Larry Cuban);…

In the United States Supreme Court ruling "City of Richmond v. J. A. Croson Co.," six separate opinions were issued by the Justices, indicating that the Court remains divided in the scope, rationale, and implication of its affirmative action decision. This commentary explains the Court's decision and provides some guidance to school…

The 1985 United States Supreme Court decision in "Loudermill" established that public school employers may not dismiss employees who possess property rights in continued employment without due process of law. Examines the Supreme Court's decision, canvasses lower court decisions rendered since "Loudermill," and reviews the…

Reviews a recent decision in "Littlefield" by the 5th Circuit upholding a school uniform policy. Advises board member who wish to adopt a school uniform policy to solicit input from parents and students, research the experiences of other school districts with uniform policies, and articulate the interests they wish to promote through uniform…

This paper offers administrators, teachers, and school boards an introduction to legal issues surrounding teacher dismissal and school desegregation and summarizes a study of all teacher dismissal cases heard from 1970 through 1981 in the Fifth Circuit Court of Appeals. Most of the report is devoted to an overview of the historical development of…

In Boston a number of factors contributed to the prolonged community resistance to school desegregation and busing to achieve it. First, for ten years prior to 1974, Boston residents had been assured that their children had a right to attend neighborhood schools and that this right would never be abridged. Thus, the court order to utilize bus…

Although the Supreme Court's "Mergens" decision settled the controversy over the constitutionality of the Equal Access Act, the ruling seems to make more ambiguous the definition of a limited open forum for student expression and the legal status of devotional activities. (55 references) (MLF)

Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

This review of the Supreme Court's 1994-95 Term is divided into eight sections: (1) student rights; (2) desegregation and school finance; (3) affirmative action and race-conscious decision making; (4) employment and labor; (5) elections and voting rights; (6) First Amendment--religion and public schools; (7) special education; and (8) cases to be…

A majority of federal courts have dismissed lawsuits involving children injured at school and have held that the Constitution does not mandate that affirmative steps should be taken to protect a child. Deals with both the legal and practical issues involved with such a decision. Argues that public school officials have an affirmative…

Several recent court cases on school censorship and control over the curriculum are summarized in order to draw implications for policy and action in these areas. Among the conclusions are: (1) private schools have more control over their curriculum than public schools; (2) the school library is a place where students may search for knowledge on…

The hearings on the issues before the Court in this school desegregation case encompassed weeks of trial. The primary defendants in the instant issue were members of the Virginia State Board of Education; the State Superintendent of Public Instruction; and the members of the respective school boards and boards of supervisors of Henrico and…

Congressional intent and regulations, and court decisions interpreting the Education for All Handicapped Children Act, recognize the preference for mainstreaming handicapped children. Cases discussed indicate that mainstreaming is secondary to the goal of the Act to provide an appropriate education that meets the unique needs of each handicapped…

This review of the Supreme Court's 1991-92 term is divided into seven sections by subject matter: (1) desegregation; (2) religion and freedom of speech; (3) school liability and immunity; (4) employment and labor; (5) elections and voting rights; (6) school finance; and (7) special education. A list of cases and statutes discussed is included at…