In 1978, six federal taxpayers successfully sued the New York City Board of Education, claiming the board's Title I program (allowing public instruction of private-school students) violated the Establishment Clause. In 1995, the NYC Board of Education and parochial-school parents sued for relief from the permanent injunction (and adverse…

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have developed and validated instruments to assess principals' performance, most states, including Kentucky, rely on outdated criteria and continue to use inappropriate technical procedures in developing appraisal instruments.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…

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…

Within a First Amendment context, this article reviews three recent cases regarding public school curricula and allegations concerning establishment of occult religious practices in elementary school classrooms. In each case, a curricular challenge withstood constitutional scrutiny. There was no conspiracy to bend children's minds to satanism or…

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…

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'…

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)

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.…

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,…

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…

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…

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)

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…

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…

"Agostini v. Felton" facilitates federal courts' consideration of applications of non-free-speech government-religion interaction. "Stark v. Independent School District No. 640," concerning a reopened Minnesota elementary school attended by children of a technology-adverse religious group, suggests that coincidences between…