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Dowling-Sendor, Benjamin – American School Board Journal, 2003
This article discusses the Equal Access Act (EAA) as it pertains to high-school student clubs. It raises basics questions about EAA: What does "equal" mean? What level of access is required? Does the First Amendment's free-speech clause offer broader protection to student clubs than the EAA? (WFA)
Descriptors: After School Programs, Civil Rights, Clubs, Court Litigation
Dowling-Sendor, Benjamin – American School Board Journal, 2000
In a case involving use of physical force against a misbehaving eighth grader, a federal court judge concluded that the teacher's conduct did not violate the student's due-process rights, after applying the "shock the conscience" test. However, the case proceeded to trial, since district policy supported such force. (MLH)
Descriptors: Corporal Punishment, Court Litigation, Due Process, Grade 8
Hardy, Lawrence – American School Board Journal, 2000
The issue of state-imposed standards and high-stakes tests for graduation and promotion has polarized communities and school boards. Lawsuits have arisen in Texas, Louisiana, Arizona, Indiana, and California. Although opinion polls still strongly support standards and accountability, a backlash is spreading in some districts. (MLH)
Descriptors: Academic Standards, Court Litigation, Dropouts, Grade Repetition
Dowling-Sendor, Benjamin – American School Board Journal, 1999
The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…
Descriptors: Board of Education Policy, Court Litigation, Drug Use Testing, Elementary Secondary Education
Gerlovich, Jack A.; Gerard, Timothy F. – American School Board Journal, 1989
Court rulings have established three basic responsibilities school systems must meet in science programs: (1) inform students about the hazards they might encounter in a science class; (2) provide a safe learning environment and properly maintained equipment; and (3) ensure adequate supervision. Outlines a four-point school safety plan. (MLF)
Descriptors: Accident Prevention, Court Litigation, Legal Responsibility, School Responsibility
Sendor, Benjamin – American School Board Journal, 1988
In three recent cases, courts upheld school officials' decisions to prohibit students' school-based religious activities. Contends that the school boards and courts failed to exercise sufficient care in weighing students' right to engage in private religious activity during free time. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Federal Courts, High School Students
Sendor, Benjamin – American School Board Journal, 1985
A Supreme Court ruling of January 1985 reversed a New Jersey Supreme Court decision of March 1984, which found a student search violated the Fourth Amendment. The reversal by the Supreme Court leaves unanswered some important questions about school searches. (MD)
Descriptors: Court Litigation, Search and Seizure, Secondary Education, Student Rights
Sendor, Benjamin – American School Board Journal, 1985
Reviews a Pennsylvania higher court decison in which a student sued the school board for reducing her grades as punishment for misconduct during a school outing. The court found in the student's favor. The punishment must fit the crime. (MD)
Descriptors: Boards of Education, Court Litigation, Discipline Policy, Grading
Sendor, Benjamin – American School Board Journal, 1984
A recent North Carolina school board's decision to dismiss a tenured teacher was upheld by the courts. Florida's statewide competency exam was also supported by a federal court. (MD)
Descriptors: Achievement Tests, Court Litigation, Secondary Education, Teacher Dismissal
Sendor, Benjamin – American School Board Journal, 1984
A decision upholding the constitutionality of Florida's competency exam is reviewed and school boards advised of measures for ensuring fairness and legality in competency testing: a curriculum that teaches the skills tested, adequate remedial instruction, and several chances to take the test. (MJL)
Descriptors: Black Students, Court Litigation, Educational Administration, Educational Discrimination
Sendor, Benjamin – American School Board Journal, 1985
A recent Florida court decision provides an example of a textbook case of an unconstitutionl student search. The key distinction from the "New Jersey vs. TLO" case (a student search found to be constitutional) is that the teacher who searched the students had no reasonable cause. (MD)
Descriptors: Constitutional Law, Court Litigation, Search and Seizure, Secondary Education
Nolte, M. Chester – American School Board Journal, 1985
When considering student expulsion, it is important to keep complete records of all hearings and proceedings. Reviewed is a recent Pennsylvania court case in which a board decision to expel two students was overturned in the courts because no hearing records were kept. (MD)
Descriptors: Boards of Education, Constitutional Law, Court Litigation, Due Process
Abrams, Marc – American School Board Journal, 1994
School boards should not interfere with student newspapers, beyond disciplining libelous journalists fairly. Instead of censoring articles, school boards and administrators should allow student journalists to make mistakes and pay later. If a lawsuit results from an irresponsible article, the school pays only if it controls. Rebecca Jones's…
Descriptors: Administrator Responsibility, Boards of Education, Censorship, Court Litigation
Harrington-Lueker, Donna – American School Board Journal, 1989
The Supreme Court's past and expected future rulings on abortion cases will add controversy and costs to schools. Estimates the costs of teenage pregnancy; reviews the legal history of abortion; and offers guidelines on how schools can help reduce teenage pregnancy. (MLF)
Descriptors: Abortions, Court Litigation, Federal Courts, Parent Participation