The standards and commentary in this volume are part of a series designed to cover the juvenile justice system and its relationship to the rights and responsibilities of juveniles. This volume on public education is addressed to legislators, courts, lawyers, educators, parents, students, and the general public. The volume proposes standards…

Examines the general concept of judicial activism, then looks at three specific areas where charges of usurpation of policy-making power have been leveled at the courts: (1) racial desegregation; (2) due process for students; and (3) religion in public education. Concludes that judicial involvement in school policy occurs when explicit…

Focuses on judicial reception of schools' attempts to curb violence, particularly predatory violence and psychopathological violence. School responses have been to create violence-prevention policies based on punitive measures or punish offending behavior after it has occurred. Such reactions may result in finding that schools have abridged…

Designed to tap the rich collection of instructional techniques in the ERIC database, this compilation of lesson plans focuses on teaching high school students their Constitutional rights and responsibilities. The 40 lesson plans in the book cover the courts and basic rights, the rights of criminal suspects, the rights of minors and education law,…

This monograph attempts to provide clear understanding of the standards presented by the Supreme Court in "New Jersey v. T.L.O." relative to search and seizure in public schools, and suggests practical ways of applying search and seizure law to situations in the school setting. ("T.L.O." are the initials of the anonymous…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

Catholic, Protestant, and Jewish parochial schools have always had religious studies as part of their curriculum, but there has been the question about whether public schools can also. "In 1962 two U.S. Supreme Court cases (Abington School District vs. Schempp and Engle vs. Vitale) prohibited the practice of Bible reading in public schools.…

The First Amendment to the U.S. Constitution prohibits government (which includes public schools) from imposing religious beliefs and practices in schools. Examines court decisions interpreting the First Amendment, distinguishes state action from private action, and explains the notion of "limited open forum" with regard to…

Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and…

Presents a historical overview of state and federal legislation concerning special education, describes how court litigation has defined the constitutional rights of the disabled to access education, and outlines the provisions of the Individuals with Disabilities Education Act (IDEA). The procedural safeguards of the IDEA also are outlined,…

Business partnership with public schools, while holding great promise for educational improvement, is hindered by legal questions about equity. Disagreement on how to apply this value to education has produced much litigation over school finance. Some allege that property tax financing violates the equal protection clause of the Fourteenth…

The Capital Area School Development Association, New York, sponsored a school law conference to fulfill a need in the region for school board members and administrators who desire to maintain and improve their knowledge in the area of school law. This document contains the text or outline of the following four presentations: (1) "Preserving…

Judges have interpreted the First Amendment as forbidding the establishment of religion by the state and guaranteeing free exercise of individual religious liberty. The two clauses require public school officials to adopt a position of neutrality with regard to religion in the school setting. Educators must walk a fine line, accommodating…

This book examines the consequences of efforts to use state constitutional provisions to reduce resource segregation in U.S. schools, describing opposition to these decisions. It compares the relative success of school finance lawsuits to the project of school desegregation, exploring how race and class present sharply different obstacles to…

On July 22, 1980, in U.S. Federal District Court in Texas, Judge Woodrow Seals declared unconstitutional Section 21.031 of the Texas Education Code which restricted children of undocumented immigrants from attending Texas public schools. The decision's effect is to affirm the Constitutional right to an education regardless of immigration status.…