In this article, we consider a series of U.S. Supreme Court rulings that place public school students under an expansive shield of constitutional rights while often hampering the ability of administrators to engage in flexible and creative conflict resolution in the context of the school's mission. The court's readiness to adjudicate a large range…

In Washington, legislative and administrative rules of the State Board of Education have conferred protections of constitutional due process on public school students. The author examines the regulatory framework and effects concluding that the Washington due process rules should serve as a model for other states. (JT)

This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

Public school teachers around the country are engaged in strikes. They walked out of their classrooms and schools to gain attention from state legislators, and not just for better salaries and benefits for themselves (although most Americans agree that teachers need better pay). Teachers are calling attention to a sticky problem in American public…

The Virginia Board of Education is committed to the Virginia Standards of Learning (SOL) program and opposed to adoption of the newly developed Common Core State Standards as a prerequisite for participation in federal competitive grant and entitlement programs. The Standards of Learning are clear and rigorous and have won the acceptance and trust…

Many educators have sung the praises of Indian Education for All, Montana's constitutional mandate, and heard the successes of Montana's Indigenous language revitalization efforts which reverberate around the globe. Teaching Indigenous languages is especially, challenging since there are limited numbers of fluent speakers and scarce resources…

The South African State is mandated by Sections 28(2) and 29(1) of the South African Constitution to make provision for the education of a South African child in fulfilment of the child's constitutional rights. Teacher Unions (TUs) and provincial Departments of Basic Education (DBEs) have often promised South African high school student body, in…

Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…

March 24, 2007, marked a decade since the Ohio Supreme Court first ruled that the state school funding system was unconstitutional. Further, "DeRolph I" was followed by three more Ohio State Supreme Court decisions regarding the issue. Although the judicial decisions of "DeRolph I and II", reinforced by "DeRolph IV", clearly identified the legal…

This essay focuses on the intrarelationships and interrelationships within and between the financial support delivery system and the educational substantive delivery system and how these two factors relate to the achievement of a free, common, and equitable educational opportunity as mandated by Article III, Section 14 of the 1967 Pennsylvania…

Examines state court education jurisprudence in three areas: (1) classical liberalism and republicanism; (2) the current understanding of federal equal protection and due process education through United States Supreme Court decisions; and (3) school finance cases litigated in state courts. (MLF)

Chapter 14 in a book on school law concerns the legal aspects of evaluating teacher performance. Careful analysis of recent decisions makes it clear the courts will compel uniform standards and unprecedented rigor in teacher evaluation practices. Particularly in the consideration of equitable standards, state and federal courts are relying on…

Public school principals and teachers have a compelling need to understand student rights when teaching constitutional principles that apply to students. This book seeks to help both students and educators understand those rights. The work concerns itself with the fundamental federal constitutional rights of public school students. A study of the…

Examines the general concept of judicial activism, then looks at three specific areas where charges of usurpation of policy-making power have been leveled at the courts: (1) racial desegregation; (2) due process for students; and (3) religion in public education. Concludes that judicial involvement in school policy occurs when explicit…

The author of this article recently studied the impact of the Christian Right on school board politics in a Maryland school district. The six-year situation in Garrett County shows that religious conservatives do not necessarily govern by placing their personal religious views above all else. Governing with Christian Right board members might…