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ERIC Number: ED110365
Record Type: RIE
Publication Date: 1975
Pages: 22
Abstractor: N/A
Reference Count: 0
Educational Theory Goes to Court: Freedom of Speech and Fitness to Teach.
Grisham, Arthur F.; Ellsworth, Jill H.
Two areas of law are examined in this paper: student free speech and immorality as the basis of teacher dismissal. These areas are discussed to exemplify an increasing impact of judicial decisions on school practices, and to support the argument that schools of education need to engage in teaching and research about law as it relates to education, including school policies and practices. The first of the two doctrines considered, the Tinker standard of "material and substantial interference with the requirements of appropriate school discipline," leads to suggestions of how a decision might be reached that would affect the school's curriculum if educational theory and research were properly applied to legal theories. The second doctrine, the Morrison "fitness to teach" test, is used to point out the need for certain evidence before just and consistent results can be reached. Discussion of both doctrines suggests ways of increasing the potential for pluralism in curriculum and staffing patterns. (Author/KSM)
Publication Type: Books
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A