Public secondary school administrators should deduce from the 1985 "New Jersey v. T.L.O." Supreme Court decision that searching students does not violate the Constitutional prohibition against unreasonable searches and seizures when there are reasonable grounds for suspicion. The "Wallace v. Jaffree" case, decided in the same…

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

A review of cases involving higher education property matters shows that many are concerned with building construction, equipment installation, or repair contracts. A number of other cases involve routine conflicts between colleges or universities and other governmental entities over matters such as requests for special exceptions to zoning…

Higher education collective bargaining cases reviewed in this chapter follow the basic sequence of steps in the negotiation process, from issues of the rights of organization and negotiation through scope of bargaining, bargaining conduct, and union security to the ultimate problems of strikes and contract enforcement. Within this common outline,…

Summarizes major court cases that have provided some sense of the extent to which teachers may legitimately select course content and teaching methods. (RBW)

A decision upholding the constitutionality of Florida's competency exam is reviewed and school boards advised of measures for ensuring fairness and legality in competency testing: a curriculum that teaches the skills tested, adequate remedial instruction, and several chances to take the test. (MJL)

This paper analyzes the significance of a court's action on educational improvement. During its 2001-02 term, the United States Supreme Court heard arguments in and decided the "Owasso Independent School District Number 1-011 v. Falvo" case. This case involved whether it is an acceptable practice for teachers to allow students to grade…

An overview of recent court decisions on prayer in public schools is followed by brief synopses of cases in nine areas concerning primary and secondary levels and four areas concerning higher education. Finally, law review articles on federal and state issues are summarized. (MD)

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…

In "Bethel," the Supreme Court essentially extended the reach of the ordinary discipline code to serve objectives that are part of the perceived educational mission. Citizenship of students is as important to the education process as academic concerns, according to recent decisions. (seven references) (MLF)

A modified analysis of the "Lemon" test as set forth in Supreme Court opinions is explained, and relevant lower court cases are reviewed. Determines that the modified standard is heightened and consistently applied within K-12 education activities. (MLF)

Examines the United States Supreme Court ruling on student press at secondary schools in "Hazelwood School District v. Kuhlmeier"; student press secondary and postsecondary cases; the legal issues raised by the "Hazelwood" ruling; and the implications for the future of the student press at secondary and especially postsecondary…

Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…

In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)

Examines the Fifth Circuit Court's 1991 reasoning in "Price," a case that resulted from the school district's adoption of a new student reassignment plan to meet court-ordered desegregation. Suggests locating schools in the center of cities. Advocates that the judiciary conduct periodic checks on school districts that have been declared…