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National Association of Secondary School Principals, Reston, VA. – 1977
This publication discusses the legal responsibilities of school principals and school board members in regard to student publications, with particular attention to the recent federal district court decision in Gambino v. Fairfax County School Board. In the Gambino case, the court ruled that the school board could not prohibit a school newspaper…
Descriptors: Board of Education Role, Constitutional Law, Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
Toms, Robert L.; Whitehead, John W. – Emory Law Journal, 1978
Author contends that student religious clubs have a constitutional right to exist in the public schools, because such meetings are within the scope of the First and Fourteenth Amendments of the United States Constitution. Landmark Supreme Court church-state decisions are cited. Available from Emory University School of Law, 1722 North Decatur…
Descriptors: Compulsory Education, Constitutional Law, Due Process, Elementary Secondary Education
Lines, Patricia M. – Inequality in Education, 1978
Safeguards provided by existing civil and criminal assault and battery laws provide inadequate protection for students. State laws (as detailed in charts and tables) provide some avenues of relief, but new legislation must be passed to ensure students' rights. (WI)
Descriptors: Administrator Responsibility, Constitutional Law, Corporal Punishment, Elementary Secondary Education
Magsino, Romulo F. – Interchange, 1977
The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)
Descriptors: Change Strategies, Civil Rights, Constitutional Law, Due Process
Peer reviewed Peer reviewed
Mahon, J. Patrick – Journal of Law and Education, 1977
Reviews and discusses the implications of the Supreme Court's decision in Ingraham v. Wright, in which the Court ruled that paddling students is not "cruel and unusual" punishment, and that prior due process is not required when school officials paddle students. (JG)
Descriptors: Constitutional Law, Corporal Punishment, Discipline Policy, Due Process
Peer reviewed Peer reviewed
Majestic, Ann – School Law Bulletin, 1987
Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Splitt, David A. – Executive Educator, 1985
Outlines the confusion surrounding a Supreme Court decision in the "New Jersey vs. TLO" case, which put at issue the prohibition against unreasonable searches in schools. The Court's decision allows a lower standard of reasonableness to be applied in school searches. The standards are not clear and are open to serious question. (MD)
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Drug Use
Reutter, E. Edmund, Jr. – Research Bulletin (Horace Mann-Lincoln Institute), 1976
Descriptors: Censorship, Constitutional Law, Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
Jones, Roger E.; Barham, Frank E. – Educational Forum, 1982
Examines the fundamental points established by case law in the area of search and seizure of property of public school students. Federal and state court cases are analyzed; and a review of the literature establishes additional points of emphasis. (CT)
Descriptors: Case Studies, Civil Rights, Constitutional Law, Federal Legislation
Peer reviewed Peer reviewed
Vessels, Rodney Jay – Brigham Young University Law Review, 1978
In the case of Gabrilowitz v Newman the court used the due process balancing test to conclude that a student has a right to have counsel present at a university disciplinary hearing where the conduct in question is the object of a pending criminal proceeding. Available from J. Reuben Clark Law School, Brigham Young U., Provo, UT 84602. (MSE)
Descriptors: College Students, Constitutional Law, Court Litigation, Criminal Law
Peer reviewed Peer reviewed
Iowa Law Review, 1975
The rights and prohibitions embodied in FERPA are examined, including the scope of the act's coverage in conjunction with a discussion of relevant state law and the proposed rules promulgated by HEW. The four rights granted by the act are considered in detail along with the enforcement procedures. (LBH)
Descriptors: Academic Records, Civil Liberties, Confidential Records, Constitutional Law
Peer reviewed Peer reviewed
Kirp, David L. – Stanford Law Review, 1976
The likely consequences of applying traditional due process standards, expecially formal adversary hearings, to the public school are examined. The ruling in Goss v. Lopez suggests that fair treatment can still be expected if the hearings are treated as opportunities for candid and informal exchange rather than prepunishment ceremonies. (LBH)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Discipline
Dowling-Sendor, Benjamin – American School Board Journal, 1997
A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Federal Courts
Smith, Joseph M.; Strope, John L., Jr. – West's Education Law Quarterly, 1995
Examines 15 cases dealing with dormitory searches covering a 31-year period to determine how the Fourth Amendment applies to dormitory searches. The prevailing consensus is that if a university says and thinks it has the right to conduct a search of a room for health, safety, and maintenance reasons, then, in most circumstances, it has this right.…
Descriptors: College Housing, Constitutional Law, Court Litigation, Dormitories
Peer reviewed Peer reviewed
Knowles, Trudy – Social Education, 1992
Traces the legal history of the school flag movement and efforts of religious groups to have the mandatory salute abolished. Suggests that schools must educate students for true citizenship and what it means to live in a democracy. Argues that the flag should be a symbol of freedom rather than the object of empty pledges. (DK)
Descriptors: Citizenship Education, Citizenship Responsibility, Constitutional History, Constitutional Law
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