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Mawdsley, Ralph D.; Permuth, Steven P. – International Journal of Educational Reform, 2002
Discusses Section 1983 of the Civil Rights Act of 1871, focusing on "Gonzaga University v. Doe" (2001). Reviews the Supreme Court's decision, analyzes the decision as it applies to federal statutes such as the Individuals with Disabilities Education Act, and discusses future implications of the decision. (Contains 91 endnotes.) (WFA)
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Federal Courts
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DeMitchell, Todd A. – International Journal of Educational Reform, 2000
As a policy pronouncement, California's Proposition 227 mandates a duty of care that educators owe their students. Failure to teach primarily in English creates a private cause of action against an educator that overcomes legal and policy concerns of "Peter W. v. San Francisco Unified School District." (Contains 57 notes and references.)
Descriptors: Bilingual Education, Court Litigation, Elementary Secondary Education, Freedom of Speech
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DeMitchell, Todd A. – International Journal of Educational Reform, 2000
A total of 20 judges ruled on a 1994 sexual-harassment case including 5 U.S. Supreme Court justices, who decided in a middle- schooler's favor. School districts are liable for violations of Title IX when they knowingly ignore blatant, pervasive abuse that limits a student's educational access. (Contains 28 references.) (MLH)
Descriptors: Court Litigation, Federal Legislation, Peer Relationship, School Responsibility
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DeMitchell, Todd A. – International Journal of Educational Reform, 1995
Discusses barriers to effective teacher supervision that unwittingly protect and tolerate poor performers. Presents a template for writing legally defensible disciplinary memoranda that document efforts to help teachers improve performance and justify termination, if necessary. Discusses accountability tools, including performance indicators…
Descriptors: Administrator Responsibility, Documentation, Due Process, Elementary Secondary Education
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Rinehart, James S.; Russo, Charles J. – International Journal of Educational Reform, 1995
Although at least four states have developed and validated instruments to assess principals' performance, most states, including Kentucky, rely on outdated criteria and continue to use inappropriate technical procedures in developing appraisal instruments. There is need to evaluate the principal as an individual on processes and as a team member…
Descriptors: Administrator Evaluation, Court Litigation, Educational Change, Elementary Secondary Education
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DeMitchell, Todd A. – International Journal of Educational Reform, 1999
A federal case (West v Derby Unified School District #260) involving a middle schooler's suspension for drawing a Confederate flag (in violation of a school racial-harassment policy) juxtaposes students' rights of free expression with public schools' unique needs. Speech (or artistic expression) that disrupts the educational process must be…
Descriptors: Court Litigation, Freedom of Speech, Racial Discrimination, Secondary Education
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DeMitchell, Todd A. – International Journal of Educational Reform, 1999
The U.S. Supreme Court decided that quadraplegics like Garret F. cannot enter the schoolhouse gate without supportive medical services--vastly different from ordinary nursing services. Are there limits to what government should provide for disabled students? This new responsibility level poses problems for schools and confounds Congress's original…
Descriptors: Elementary Secondary Education, Federal Legislation, Government Role, Medical Services
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DeMitchell, Todd A.; Krysiak, Barbara H. – International Journal of Educational Reform, 1999
Summarizes background and aftermath of 1993 and 1997 New Hampshire Supreme Court unconstitutionality rulings against the state education finance system. Highlights "Claremont II," discussing initial responses, the Rubens constitutional amendment, the governor's ABC Plan, the bipartisan constitutional amendment, the 1998 governor race,…
Descriptors: Court Litigation, Educational Equity (Finance), Elementary Secondary Education, Finance Reform
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Zirkel, Perry A. – International Journal of Educational Reform, 1992
The legal audit of curriculum provides administrators with a procedure to systematically review local school policies and practices before they become involved in litigation by showing them the potential likelihood a suit would be successful against them. Over 160 court cases have been analyzed to develop the items in the legal curriculum audit.…
Descriptors: Board of Education Policy, Check Lists, Court Litigation, Curriculum
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Green, Preston C., III; McCall, Darryl – International Journal of Educational Reform, 1998
If a charter-school act permits too much freedom from state regulations, it may create private schools ineligible for state funding. In "Council of Organizations about Parochiaid v. Governor," the Michigan courts ruled on levels of state control necessary for charter schools to be considered public. At least 13 states would fail the…
Descriptors: Charter Schools, Court Litigation, Elementary Secondary Education, Eligibility
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De Mitchell, Todd A. – International Journal of Educational Reform, 1997
Explores the exemplar and nexus arguments structuring the debate on acceptable teacher conduct outside the classroom. The exemplar argument holds teachers to a mandatory role model standard. The nexus argument views teachers' private acts as protected unless job performance is affected. While nexus (via court litigation) has protected teachers'…
Descriptors: Court Litigation, Elementary Secondary Education, Homosexuality, Legal Problems
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DeMitchell, Todd A. – International Journal of Educational Reform, 1998
In a test of affirmative-action policies, a white teacher, Sharon Taxman, filed reverse discrimination charges when her downsizing district terminated her and kept a black teacher of nearly identical qualifications. The case was settled out of court. If the U.S. Supreme Court had heard the case under either the Equal Protection or Title VII…
Descriptors: Affirmative Action, Blacks, Court Litigation, Diversity (Faculty)
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DeMitchell, Todd A. – International Journal of Educational Reform, 1997
Conflicts between parents' wishes and school authorities' decisions have historically occurred in several areas, including compulsory education, special education, and curriculum. Reviews legal precedents for parental rights, explores current court cases involving parent/school authority conflicts, and critiques recent state legislation concerning…
Descriptors: Compulsory Education, Condoms, Court Litigation, Curriculum
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DeMitchell, Todd A. – International Journal of Educational Reform, 1996
In "Rosenberger versus University of Virginia," the U.S. Supreme Court held that the university violated students' free speech rights by withholding financial support for a student publication, based on its religious orientation. This case explored the intersection of two powerful constitutional protections--free speech and the…
Descriptors: Court Litigation, Financial Support, Freedom of Speech, Higher Education
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Stefkovich, Jacqueline A.; Guba, Gloria J. – International Journal of Educational Reform, 1998
Discusses administrator responsibility and student rights under the Fourth Amendment. Reviews search and seizure case law in school settings, highlighting "New Jersey v. TLO,""Vernonia v. Acton," and other landmark decisions. Some experts advocate a moral or cultural ethos fostering a sense of family and community, character…
Descriptors: Administrator Responsibility, Court Litigation, Discipline, Elementary Secondary Education
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