ERIC Number: ED145556
Record Type: RIE
Publication Date: 1977
Reference Count: N/A
Piele, Philip K.; Forsberg, James R.
While the types of cases reported in this year's chapter are essentially the same as those reported in last year's, the number of certain types of cases have changed--in some instances significantly. For example, the number of cases raising constitutional issues in the areas of school construction, location, and property use have declined. On the other hand, there has been a significant increase in the number of cases involving challenges to the outcome of school bond referenda. In Texas, Connecticut, New Jersey, New Mexico, Tennessee, and Iowa, taxpayers, failing to defeat school bond referenda at the polls, have tried to reverse the outcome in the courts. Unless there is evidence of willful misconduct or fraud, however, the courts are still reluctant to overturn the results of elections. But, in a few cases involving property attachment and detachment and school closures, the courts are not at all reluctant to reverse school board decisions, particularly those in which the board appeared to place cost considerations above the general welfare and educational opportunities of the students. (Author/IRT)
Descriptors: Boards of Education, Bond Issues, Constitutional Law, Contracts, Court Litigation, Educational Facilities, Elections, Elementary Secondary Education, Land Acquisition, School Buildings, School Closing, School Construction, Site Selection, Voting
Not available separately--see EA 010 020
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 3 of The Yearbook of School Law--1977 (EA 010 020); For related documents, see EA 010 020-027