Contends that the Supreme Court decision in "Penn" that ruled the university must disclose confidential tenure files to the Equal Employment Opportunity Commission (EEOC) strengthens, rather than threatens, academic freedom and valid academic decision making. Analyzes a number of issues related to academic freedom and discrimination…

Federal law provides for special educational services for children from disadvantaged backgrounds and for all children with disabilities. Questions arise regarding special educational services for parochial school children. A brief introduction to the two major federal programs for compensatory and special education is followed by an analysis of…

This review of the Supreme Court's 1994-95 Term is divided into eight sections: (1) student rights; (2) desegregation and school finance; (3) affirmative action and race-conscious decision making; (4) employment and labor; (5) elections and voting rights; (6) First Amendment--religion and public schools; (7) special education; and (8) cases to be…

A majority of federal courts have dismissed lawsuits involving children injured at school and have held that the Constitution does not mandate that affirmative steps should be taken to protect a child. Deals with both the legal and practical issues involved with such a decision. Argues that public school officials have an affirmative…

Five bills were discussed at this hearing: (1) S. 1050, which would allow the court to accept voluntary services and gifts and bequests; (2) H. R. 153, which would make certain technical amendments and modify various provisions relating to the court's operations and administration; (3) S. 868, which would improve educational benefits for active…

The section of the Education for All Handicapped Children Act (P.L. 94-142) detailing "appropriate education" as a function of an Individualized Education Program (IEP) regulates a variety of educational considerations. Arguing that the IEP is in fact "the hub of the special education wheel," the authors of this document begin…

In the 1985 "Aguilar v. Felton" decision, the Supreme Court prohibited public school teachers in compensatory education programs funded under Chapter 1 of the Education Consolidation and Improvement Act from providing remedial services to sectarian private school students on private school premises. This document comprises a report on…

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…

A review of 16 Federal Court of Appeals cases indicates the impact of the "Connick v. Myers" case on the nature of freedom of speech in public organizations. The case involved the firing of an assistant district attorney for circulating a job satisfaction survey after she was transferred to a less desirable section of the courts. Since…

The Southern Education Foundation's Higher Education Program (HEP), its history, activities, and directions are described. The program was established within the foundation in 1974 to address the critical issues raised by the Adams vs. Richardson case, which mandated the dismantling of dual (racially discriminatory) systems of public higher…

Several recent court cases on school censorship and control over the curriculum are summarized in order to draw implications for policy and action in these areas. Among the conclusions are: (1) private schools have more control over their curriculum than public schools; (2) the school library is a place where students may search for knowledge on…

The first part of this paper discusses the events leading up to the federal district court's May 18, 1980 decision in "Kelley et al. vs. Metropolitan County Board of Education of Nashville." The decision rejected a Nashville-Davidson County, Tennessee, school board's rezoning plan and called for an end to busing in grades 1 through 4 and…

In this second annual volume is a comprehensive summary and analysis of all state and federal court cases involving higher education reported during 1977. The chapters have been authored by individuals who are experts in higher education law and specialists in their topics. Chapter topics include governance and finance, property, liability,…

This chapter's discussion of student discipline stresses a student's right to due process when he or she is faced with suspension or expulsion from school. To determine procedural requirements, the paper states, a school must examine both the statutes of the state and the requirements imposed by state and federal constitutions. The major topic of…

Major legal issues confront urban schools today, among them: (1) equal access of racial groups to quality education; (2) students' rights to due process; (3) teachers' rights to due process, academic freedom, collective bargaining, and promotion to administrative positions; (4) equal opportunity for those needing special education; (5) equal…