ERIC Number: ED245400
Record Type: RIE
Publication Date: 1983-Apr-25
Reference Count: 0
The Courts and You.
This paper selectively reviews education law since 1954 and forecasts trends and major issues for the 1980's. Two trends are foreseen: increasing conflict between social goals and individual rights, and greater emphasis on "housekeeping" issues. Five upcoming issues are then examined with reference to recent litigation and legislation (chiefly in West Virginia): personnel management, labor relations, religious activities, testing and academic standards, and school finance. First, treatment of personnel management centers on a case that considered the application of personnel policies with regard to an employee's freedom of expression. Second, two labor relations cases are discussed; one considered federal regulation of state employment practices, the other, rights of nonunion teachers ("City of Madison Joint School District No. 8 v. Wisconsin Employment Relations Commission"). Third, the author discusses West Virginia legislation on school prayer and regulation of religious schools. Fourth, academic standards issues arising from competency testing and educational malpractice suits are examined. Finally, the paper reviews a 1979 school finance case, "Pauley v. Bailey," in which, pursuant to the Supreme Court's finding that certain disadvantaged students had been denied equal protection, a trial judge promulgated detailed standards for improving West Virginia schools. (MCG)
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Authoring Institution: N/A
Identifiers: City of Madison Joint Sch Dist No 8 v WERC; National League of Cities v Usery; Pauley v Bailey; Trimboli v Board of Education of County of Wayne
Note: Paper presented at the Annual Meeting of the National School Boards Association (San Francisco, CA, April 1983).