ERIC Number: ED208584
Record Type: RIE
Publication Date: 1981
Reference Count: N/A
Lufler, Henry S., Jr.; Bielsky, Donald J.
Litigation having to do with pupils occurred with greater frequency in 1980 than in the past. The greatest increase dealt with the handicapped and with substantive rights of students. Cases involving handicapped students generally focused on parent requests for residential treatment, extended-year programs, and in-class assistance for their children. The defending school systems argued the adequacy of less costly alternatives to the parent requests. Although several cases reached the federal appeals level, substantial disagreement still exists concerning the definition of "appropriate" placement and treatment. In the substantive rights area, courts are increasingly being asked to rule on the propriety of materials printed in student publications and contained in school libraries. In addition, cases involving religious matters increased as fundamentalist groups and persons opposing those groups resorted to the courts. In the desegregation area, the courts have continued the policy of ordering busing and other system-wide remedies to combat the effects of illegal school segregation. Law suits over such diverse topics as the use of sniff dogs in student searches, gay prom dates, 80-mile bus rides, basketball summer camps, and vaccination exclusions were also dealt with. (Author/IRT)
Descriptors: Access to Education, Athletics, Civil Liberties, Court Litigation, Desegregation Methods, Disabilities, Discipline, Elementary Secondary Education, Exceptional Persons, Federal Courts, Freedom of Speech, Parochial Schools, Private Schools, Public Schools, School Desegregation, Special Programs, State Church Separation, State Courts, Student Publications, Student Rights, Student Transportation, Students, Tuition
Not available separately; See EA 014 158.
Publication Type: Legal/Legislative/Regulatory Materials; Information Analyses
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 4 of "The Yearbook of School Law, 1981" (EA 014 158); For related documents, see EA 014 159-165.