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Kevin Welner – Peabody Journal of Education, 2024
The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…
Descriptors: School Choice, Educational Vouchers, Charter Schools, Religious Schools
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Dhingra, Neil – Educational Theory, 2019
Free speech jurisprudence is caught between crediting the First Amendment rights of students when they resemble adults or restricting such rights when students seemingly act as children. In "Morse v. Frederick" (2007), the Supreme Court ruled against Joseph Frederick and his "Bong Hits 4 Jesus" banner because Frederick's speech…
Descriptors: Freedom of Speech, Educational Environment, Student Rights, Court Litigation
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Hassenpflug, Ann – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2016
Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent…
Descriptors: Middle School Students, Student Rights, Freedom of Speech, Self Expression
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Oltman, Gretchen; Surface, Jeanne L. – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2017
Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…
Descriptors: School Law, Public School Teachers, Social Media, School Prayer
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Lewis, Maria M.; Kern, Sarah – Educational Administration Quarterly, 2018
Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…
Descriptors: School Law, Court Litigation, Freedom of Speech, Public Schools
Moses, Quamille Reneé – Online Submission, 2017
The purpose of this research study will be to examine teacher perceptions on various issues pertaining to school law in the State of Alabama. Having data on teacher perception in Alabama can help shape future educational policy so that teachers can have an understanding of what they should and are required to do in various ethical and moral…
Descriptors: Teacher Attitudes, School Law, School Districts, Action Research
Doctor, Tyrus L. – Online Submission, 2013
Educational law is a critical piece of the education conundrum. Principals reference law books on a daily basis in order to address the wide range of complex problems in the school system. A principal's knowledge of law issues and legal decision-making are essential to provide effective feedback for a successful school.
Descriptors: Principals, Educational Legislation, Administrator Responsibility, Legal Responsibility
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Ratliff, Lindon J. – Planning and Changing, 2010
Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…
Descriptors: Federal Courts, Court Litigation, Student Rights, Clothing
McCarthy, Martha – National Association of Secondary School Principals (NASSP), 2008
What is the scope of First Amendment free expression rights of public school employees and students? Following a long period with no Supreme Court rulings pertaining to public employee or student speech, the Court since 2006 has delivered significant opinions in this regard. These decisions continue the trend of narrowing the circumstances under…
Descriptors: Public Schools, Freedom of Speech, Constitutional Law, Student Rights
Waters, Kevin Stewart; Russell, William Benedict, III – Online Submission, 2008
The Internet is a valuable educational tool being utilized in many classrooms today. However, Internet and computer policies restrict and limit how the Internet and computer can be used in a school. An Internet and computer policy typically limits students to use the Internet and computer for educational purposes. If a student violates this policy…
Descriptors: Discipline, School Districts, Court Litigation, Internet
Delon, Floyd G. – West's Education Law Quarterly, 1996
Examines provisions of the South African Constitution pertaining to pupil rights in conjunction with the construction the United States Supreme Court has placed on corresponding provisions of the U.S. Constitution. (46 footnotes) (MLF)
Descriptors: Constitutional Law, Elementary Secondary Education, Foreign Countries, School Law
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Majestic, Ann L. – School Law Bulletin, 1985
Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Privacy
Lane, Kenneth, Ed.; Gooden, Mark, Ed.; Mead, Julie, Ed.; Pauken, Patrick, Ed.; Eckes, Suzanne, Ed. – Education Law Association, 2008
The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…
Descriptors: Principals, School Law, Student Rights, Technology Uses in Education
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Zdeb, Michael J. – Loyola University Law Journal, 1975
Current legal ramifications of the right of privacy in students' school records are examined. It is suggested that resolution of the school record problem must be made with the realization that whatever is imprinted on a youth will affect his future and that of society. (LBH)
Descriptors: Civil Rights, Confidential Records, Constitutional Law, Higher Education
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Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1988
Section 1983 of the U.S. Constitution provides individuals (including students) with the right to sue persons (including principals) acting "under color of law" for damages incurred in violation of their federal rights. This article examines two corporal punishment cases involving elementary school students involving possible due process…
Descriptors: Administrator Responsibility, Constitutional Law, Corporal Punishment, Due Process
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