In 1981 the federal courts decided hundreds of cases involving schools relating to civil rights statutes, the First Amendment, the Fourth Amendment, and the equal protection clause of the Fourteenth Amendment. Lawsuits concerning the handicapped involved such issues as the costs of determining what is equal opportunity in education, full-time…

In "Crockett v. Sorenson" a voluntary public school Bible class was found unconstitutional because of sectarian control of the program, and guidelines for a constitutional Bible course were suggested. "May v. Cooperman" ruled against the constitutionality of the moment of silence, a question not yet addressed by the Supreme…

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

Examines key legal tensions flowing from the return of organized student-sponsored prayer to public schools. Claims that political "conservatism" has subordinated individual liberty to the unwarranted power of the federal government. (19 references) (MLF)

The Supreme Court's ruling in "Missouri versus Jenkins" signalled a further retrenchment in the struggle to end racial segregation in the schools. The majority held that the federal district court exceeded the bounds of its broad discretion in its mandated desegregation remedy. Reviews the Court's holding in detail and reflects on the…

Court decisions resulting from litigation regarding higher education governance and finance are discussed in this chapter. Governing body authority and intergovernmental relations are the subjects of a number of cases. Three cases involve questions of licensing of private institutions of higher education by state agencies. Other cases illustrate…

Court litigation concerning governance and finance in higher education demonstrates lawyers' attempts to extend the legal principles established in one educational system to different systems. Intergovernmental relations cases involve educational institutions' connections with counties, cities, states, and various public agencies. Because of an…

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

In "Hazelwood School District v. Kuhlmeier," the Supreme Court ruled that school authorities could control a student newspaper. This article summarizes the facts surrounding "Hazelwood," and outlines the lower court decisions, the conflicting views of the Court justices, the questions it leaves unresolved, and its implications…

Explores the extent to which the Supreme Court's application of the First Amendment's prohibition against establishment of religion is forcing federal and state governments to forgo distributive justice for needy children. Examines possibilities for greater distributive justice. (MLF)

The United States Supreme Court decision in "Honig v. Doe" precludes school officials from unilaterally excluding special needs children who become disruptive. School officials may use disciplinary procedures applicable to all students or seek judicial relief to obtain alternative placements for handicapped children. (MLF)

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)

Two recent court decisions--one from the state of Washington and the other from Indiana--demonstrate that the Individuals with Disabilities Education Act's strong presumption in favor of mainstreaming disabled children has its sensible limits. (MLF)

Discusses a Pennsylvania case to determine whether a school district is liable for monetary damages involving a teacher's sexual abuse of a student. The case turns on the meaning of "appropriate person" under the U.S. Supreme Court's Title IX analysis. (PKP)