This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…

This article looks at various cases of the Supreme Court's most recent term. In contrast to the 2006-2007 term when the Supreme Court was regularly split 5-4, during this last term, the justices have formed surprising coalitions in cases considered highly controversial. For example, it was the so-called liberal bloc's Justice Stevens who wrote the…

Describes Wisconsin case involving the suicide of seventh-grade girl after principal suspended her for having a cigarette in her locker--disciplinary action required by school board policy. Parents sued claiming violation of their daughter's 14th Amendment rights and state negligence laws. Federal appellate court dismissed all claims; parents…

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

Reviews Ridgewood, New Jersey, case wherein several parents claimed that school district's student survey violated students' privacy rights protected by the Constitution and two federal statutes: The Family Rights and Privacy Act and the Protection of Pupil Rights Amendment. Discusses subsequent federal regulatory and state legislative action.…

As a supplement to the basic text, "Higher Education and the Law," this book briefly describes the American legal system for scholars, students, and administrators in the field of higher education who have had little or no legal training. The following topics are addressed: The United States Courts, the process of judicial review, reading and…

When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials…

This document includes a case summary and the Supreme Court Justices' opinions on Crawford vs Board of Education of the City of Los Angeles. The Crawford case concerned the constitutionality of Proposition 1, a State constitutional amendment ratified by California voters to stop mandatory pupil reassignment and busing within the Los Angeles…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

A federal appeals court has upheld an amendment to California's constitution that bars government agencies from granting preferences based on gender or race. The California Civil Rights Initiative, or Proposition 209, was found not to violate the Equal Protection Clause. If the ruling is not reversed, public colleges and universities will be…

An Oregon court case in which American Indians disputed a state law against use of peyote for ritual practices is reviewed, and its implications for free exercise of religion on college campuses are examined. In this context, the impact of the Religious Freedom Restoration Act of 1993 is also considered. (MSE)

Describes the facts and legal basis of federal court decisions in "Zelman v. Simmons-Harris," a case before the U.S. Supreme Court to determine if Cleveland's school voucher program violates the Establish Clause. Discusses the possible educational, legal, and political consequences of the Court's decision. (On June 27, 2002, the Supreme…

The Education Law Association's yearbook of education law provides lawyers, administrators, and professors with a comprehensive review and analysis of the previous year's state and federal court decisions and legislation affecting the operation, management, and governance of public elementary and secondary schools, higher education, and…

This chapter deals with the legal process by which employers and employee organizations discuss matters related to employment. The chapter is organized to reflect the initial sequence of events in the collective bargaining process. Cases are reported and analyzed in nine sections: obligation and authority to bargain; unit determination and…