Federal courts have found speech regulations overbroad in suits against the University of Michigan and the University of Wisconsin System. Attempts to assess the theoretical justification and probable fate of broad speech regulations that have not been explicitly rejected by the courts. Concludes that strong arguments for broader regulation will…

Addresses the constitutionality of tuition-voucher programs that provide access to private, parochial schools. Surveys Establishment Clause jurisprudence of the United States Supreme Court. Examines the Cleveland, Ohio, and Milwaukee, Wisconsin, tuition-voucher programs, currently being litigated in the respective state courts, in an attempt to…

Voucher advocates won a major victory when the U.S. Supreme Court let stand a Wisconsin Supreme Court ruling that Milwaukee's voucher program passed constitutional muster. Summarizes the majority opinion. Points out that whether voucher programs represent prudent public policy is a political question to be addressed by voters and legislation. (MLF)

The Federal District Court ruled in favor of the Chapel Hill, North Carolina, school board's requirement that, as a condition for graduation, each student must perform 50 hours of unpaid community service. (MLF)

Describes Illinois case involving the expulsion of five students for a gang-related brawl at a high school football game in Decatur. Students brought suit against the school district claiming violation of their 14th Amendment right to procedural due process. Both the federal district court and court of appeals rejected the students' claim.…

In Canada, a teacher is deemed to have tenure after serving a probationary period which varies from one province or territory to another. This chapter explains Canadian law as it relates to the termination of teacher contracts. The Canadian court structure and the means of challenging termination decisions are explained. Technical, procedural, and…

This chapter discusses the issues involved in home education as they relate to state compulsory school attendance laws. The authors first examine the purpose and context of compulsory attendance, then the public or private school alternatives. The statutory and case laws providing for home education are explored and some of the constitutional…

This fifth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 involving claims of torts (civil wrongs, other than those involving breach of contract) committed by elementary or secondary educational institutions or personnel. Among the topics reviewed are claims of…

The Supreme Court's decision in "Honig v. Doe" indicates that a suspension of a dangerous handicapped student of up to 10 school days is valid. Decisions regarding the disciplining of handicapped students will have to be made on a case-by-case basis. Legal counsel should be sought. (MLF)

Discusses Fourth Amendment rights against unreasonable searches and seizures in terms of searches made of students and their lockers. (JF)

An examination of the major Supreme Court cases affecting schools from 1970 through the recent 1981 term shows how the Court since 1969 has moved to a more conservative interpretation and application of due process to the public schools. Most of the cases concern either student discipline or teacher termination. (Author/MLF)

Numerous students who are part of a racial minority attend schools whose mascots blatantly reinforce racism. Summarizes three federal cases that consider the appropriateness of using Confederate symbols to represent high schools; explores what these symbols mean; and examines the disruptive effects offensive mascots have on education. (34…

The Supreme Court's decision in "Missouri" underscores the majority's reluctance to find a constitutional or factual connection between segregated schools and segregated neighborhoods that would allow courts to fashion broad remedial decrees. Examines the judiciary's treatment of residential segregation and racial segregation in…

The "Hazelwood" decision has moved the argument about student rights of freedom of expression from the courthouse to the statehouse. A growing list of states have considered legislation to restore students' rights, and a number of local school boards are also reaffirming the value of a free student press. (MLF)

Summarizes court cases bearing on religion in the school setting and the use of the three-part "Lemon" test in Establishment Clause cases; and examines a Louisiana District Court decision that affirmed the action of a school principal prohibiting a religiously oriented valedictory address. (MLF)