Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent…

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

The courts will entertain an action to consider the propriety of the suspension or expulsion of a student based on the student's hairstyle. The promulgator of the regulation, be it the principal or the board of education, bears a heavy burden of justification for the rule. The two recognized factors that might sustain a hairstyle regulation are:…

Describes procedures required of boards of education by the courts in disciplining students. (JF)

This report presents commentaries on the legal aspects of student rights and on some of the disciplinary measures utilized by public schools. It proposes legislation designed to assure that schools, in shaping their disciplinary policies, will conform to the framework of existing constitutional law and recent court cases. A related document is EA…

Describes latest court litigation on student rights. (JF)

The House of Lords' decision in "R. (on the application of Begum) v. The Headteacher and Governors of Denbigh High School" considered whether a particular school uniform policy infringed a student's right to manifest her religion under Article 9. This paper analyses the content of this decision, and explores how schools should approach…

Analyzes the unwillingness of the federal courts to view the traditional braided hairstyle worn by American Indian students as worthy of protection under the Tinker "symbolic speech" doctrine. Examines the legacy of the Tinker doctrine for Indian students and presents an argument for expanding this precedent. (Author/MLF)

The outcome of legal battles regarding student dress codes often depends on how the issue is characterized; words used in the code; the geographic area of the conflict; on the ideological trend of the Supreme Court and the political/social climate of the country; and judicial inactivism of the Court. Applies these variables to two Jefferson…

Examines the issue of whether public school teachers may be prohibited from wearing religious apparel. Addresses the fundamental distinction between the elementary school setting and the high school setting. Claims the application of garb laws in the context of the public high schools is unconstitutional. (134 footnotes) (MLF)

This report contains digests of 171 of 265 court decisions concerning students which were compiled from court decisions published in the National Reporter System during the calendar year 1970. The decisions on school desegregation and permissible length of male students' hair have been reported here on a selective basis because of the volume and…

Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…

This report points up the infringement on student constitutional rights by Washington State public schools. To remedy the situation, the report proposes State legislation guaranteeing the substantive rights of students. The proposed legislation is presented together with explanatory and supportive statements. A related document is EA 003 787. (JF)