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 is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated…

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…

The Yearbook of Education Law contains analyses of the previous year's federal and state court decisions that affect private and public elementary and secondary schools and higher education. The Yearbook provides summaries and analyses of relevant state appellate and federal trial and appellate court cases. Contents include: (1) Employees; (2)…

Punitive damages have been permitted in certain cases to deter wrongdoers from similar conduct in the future. The Supreme Court decision in the case of "Smith vs. Wade" set the standard for the award of punitive damages by permitting punitive award on varying standards of negligence, gross negligence, recklessness, or other culpable…

Analyzing the United States Supreme Court decision in "Mueller v. Allen" declaring that certain forms of tuition tax credit are not unconstitutional, the author points out that school administrators should monitor legislative activities and be active in state policymaking or the future may hold larger tax credits and direct financial…

Discusses the State's concern with education and the responsibility of the legislative and judicial branches for education. (JF)

Explores procedural and legal implications of the "Salve" decision in which the Supreme Court said that the court of appeals must review "de novo" the federal district court's determination of state law. (55 references) (MLF)

Describes an Illinois case involving the demotion of an elementary school principal with 5 years of experience to a classroom teacher. The former principal sued the district claiming that her state due-process rights were violated. The state court disagreed, entering a summary judgment for the district; later affirmed on appeal. Reviews other…

An historical study of the neighborhood system of school assignment is presented in this monograph. The basic framework of this research is that of the legal history of the neighborhood school policy and the relationship of this policy to school segregation. The applicable State and Federal court cases and decisions are cited for the various…

Available from: National Center for Law and the Handicapped, Inc., 1235 North Eddy Street, South Bend, Indiana 46617. Reviewed are the constitutional basis, federal case law (PARC v. State of Pennsylvania and Mills v. Board of Education of the District of Columbia), state law, and federal legislation which support the right of handicapped children…

Discusses cases involving the application of the Bill of Rights of the Federal Constitution to State laws relating to untenured teachers. (JF)

Reviews recent state and federal rural school funding litigation. Concludes that while rural school advocates have been relatively successful in the courts, efforts to obtain adequate state funding for rural schools through the legislative process are only partially successful. (Contains 16 references.)(PKP)

Discusses first case to challenge an employer's failure to provide contraceptive coverage to women working in private educational institutions as discriminatory, as well as proposed legislation involving contraceptive coverage. Explores several alternatives legislators must consider when deciding whether to implement such legislation, including…