ERIC Number: ED197434
Record Type: Non-Journal
Publication Date: 1980-Aug
Reference Count: N/A
Educational Policy Development by the Courts.
Davis, Elaine C.
Until the early 1950s, the courts consistently held that the state had plenary power over education. However, since 1950, state and local educational policy has been modified as a result of decisions based on the First, Fifth, and Fourteenth Amendments. These decisions have affected such issues as teacher dismissal, freedom of speech, and teachers' personal lifestyles. Unless a teacher's conduct can be shown to interfere with efficiency and discipline in the operation of the school, a school board may not restrict the teacher's freedom of speech outside the classroom, academic freedom inside the classroom, choice of personal lifestyle and acquaintances, or political and civil rights activities. In 1978, the United States Supreme Court ruled that school officials do not have absolute authority over their students and the basic rights of students were also upheld. Educators, some of whom are concerned about the courts' intrusion into educational policy making, may be partly to blame for recent court action because of their insensitivity to the concerns of teachers, students, and parents. (Author/WD)
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Pickering v Board of Education