Due process in school is an educational process for teaching the students that they are valued, that authority exists, and they they belong in the social unit. Historically, due process emerged as a way of guaranteeing rights and the privileges of governmental protection to a wider range of people in English and American institutions. The…

An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…

A review of court opinions on school discipline suggests that the use of academic penalties as a sanction for student misconduct is widespread and increasing. In 12 cases during the past decade examined in this chapter, students won 5 and lost 7. In challenges of school board policies that assess academic penalties for truancy, students won in…

Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…

Discusses whether notice and a hearing are required when a student is transferred, for disciplinary reasons, from a New York vocational school to another school. Proposes amending the law to expressly require the same due process protection for disciplinary lateral transfers as is required for student suspensions. (Author/MLF)

Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)

The U.S. Supreme Court decision in "Hazelwood School District v. Kuhlmeier" established that a public high school newspaper, produced by students in a journalism class, is not a forum for public expression. The Court said that although school board policy specified that student free speech would not be restricted, other factors…

This paper discusses the suspension and expulsion of unruly handicapped students by examining previous court litigation, identifying the legal issues involved, and reviewing Texas State Board of Education policy. Although sensitive and knowledgeable of the special learning and emotional needs of handicapped students, the conclusion favors recent…

Plagiarism and cheating can be defined as academic dishonesty and represent policy concerns among all levels of education. Such cases involve academic versus disciplinary decisions and the need to determine the student's understanding of the definition of plagiarism or cheating. This paper analyzes six legal issues raised in court cases and…

Detection of drug users at school is a problem complicated by recent New Jersey court cases upholding students' privacy rights against mandatory medical examinations and search-and-seizure actions. Requiring confidential medical screening by private physicians for sports and other extracurricular activities is an alternative strategy offering…

A current United States Supreme Court case will determine constitutional guidelines for school administrators in searching students for drugs and other school contraband. Thus far, the New Jersey Supreme Court has established a demanding standard for warrantless searches of students and their property, requiring respect for students'"valid…

A discussion of school law, defined as how the educational system is impacted upon by the law, is addressed as it relates two major issues to the Catholic or parochial schools. In an overview of the legal system, the types of courts, the nature of legal precedents, and the levels within the judiciary are reviewed. The first major issue centers…

Examines a U.S. Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Cautions against a possible trend toward renewed school emphasis on dress codes and other issues of decorum. (IW)

This paper reviews laws, regulations, and court rulings that teachers, educators, and school administrators should be aware of in order to assert and protect their rights. It provides information on constitutional and legal provisions affecting the day to day operations of schools as well as the rights of teachers, students, and other school…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses social forces that affect the school curriculum regarding legal rights of public-school students. It identifies areas of concern and recommends methods for ensuring that the legal rights of students are…