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 paper analyzes data on anti-corporal punishment advocacy and the data's use in judicial, legislative, and public areas. The paper defines corporal punishment and discusses seminal court cases, personal effects of corporal punishment, developmental factors, demographic factors, litigation, use of tort remedies, and the concept of Educator…

An award-winning law student article discusses the implications of a court decision concerning the legality of student searches on campus and the need for institutions to review their policies and attitudes toward increased scrutiny of student life. (MSE)

The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no…

Constitutional doctrines (First Amendment religious clauses and Fourteenth Amendment equal protection clause) and factual issues are discussed, including: policies and procedures for recognition of student groups, facilities accessibility for students, literature distribution on campus, student activities accounting, and nonstudent speaker…

Recent appellate court decisions concerning private social clubs, unreported decisions brought by fraternities, and developments in related case law have strengthened the position that college social fraternity chapters at public colleges and universities may claim a full range of legal protections under the constitutional doctrine known as…

In this article, I examine the adequacy of a Catholic school district's written documents dealing with the inclusion of non-Catholic students. I first describe, in communitarian terms, the nature of a Catholic school community; then I use a contractarian analysis of the school district's written inclusionary policy to better understand its…

This paper provides legal information about the role of physical conduct in student-teacher, teacher-teacher, and administrator-teacher roles. The two legal theories that pertain to physical conduct in the schools are found in Title IX of the Education Amendment of 1972 and 42 U.S.C. (1983) for violations of due process and equal protection…

In March 1990, the Wisconsin legislature passed into law the Milwaukee Parental Choice Program. Its enactment made Wisconsin the only state in the nation with a private school voucher plan. Litigation concerning the constitutionality of the program has involved the following actions: (1) the Wisconsin Supreme Court refused to hear the case; (2)…

The rights of victims of crime or violence in school settings are analyzed in this book. The first chapter looks at the scope of the problem and outlines the rights already established for those accused of crimes. The second chapter focuses on efforts to make educational environments safe, including a 1982 amendment to the California Constitution.…

While the law governing the definition of educational adequacy is still evolving, partial definitions can be gleaned from various state and federal laws and regulations prescribing standards for schools and from judicial interpretations of constitutional and statutory provisions. This document presents the results of such an analysis. After…

The U.S. Supreme Court case of Gary E. Widmar, et al., versus Clark Vincent, et al., is presented. The question addressed is whether a state university (University of Missouri at Kansas City), which makes its facilities generally available for the activities of registered student group (evangelical Christian group, Cornerstone) desiring to use the…

Educators and the public are divided over the value of implementing school-uniform policies in the public schools. This digest examines arguments for and against school-uniform policies, identifies legal considerations, and offers guidelines for implementing policies on student dress. Most parents have responded favorably to uniform policies,…

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…

Provides background information for two Supreme Court decisions that can be used to teach the concepts of due process and student rights. Lists vocabulary and suggests document analysis and student research activities. Includes a copy of the Goss v. Lopez decision and explains how school systems are required to provide students a minimum of due…