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Zirkel, Perry A. – Phi Delta Kappan, 2005
On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…
Descriptors: Religion, Equal Protection, Court Litigation, Constitutional Law
Zirkel, Perry A. – Phi Delta Kappan, 2005
During the 2002-03 school year, Michael B., Rebecca D., and Aldo V. were eighth-graders at the Regional Gifted Center program at the Beaubien School in the Chicago school system. In February, the Beaubien School held an annual contest for eighth-graders to determine the design for the class T-shirt. Michael was disappointed that his design did not…
Descriptors: Censorship, Disabilities, Freedom of Speech, Court Litigation
Zirkel, Perry A. – Phi Delta Kappan, 2005
This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…
Descriptors: Court Litigation, Constitutional Law, Student Rights, Parent Rights
Zirkel, Perry A. – Phi Delta Kappan, 2005
In this era of educational choice, school accountability, research-based practices, and commercial competition--illustrated by but not exclusive to No Child Left Behind--some schools, public and private, make claims that resemble false advertising and that some parents rely on, to their disappointment and even detriment. Moreover, the laudable…
Descriptors: Compliance (Legal), Court Litigation, Public Education, Equal Education
Zirkel, Perry A. – Phi Delta Kappan, 2005
This examination of a case that is seeking to determine whether a district in Tennessee met its obligation under the Individuals with Disabilities Act to provide a "free appropriate public education" to a student with autism concludes that the courts' decisions to date are already literally remarkable for several reasons. These reasons…
Descriptors: Related Services (Special Education), Extended School Year, Compliance (Legal), Kindergarten
Zirkel, Perry A.; Reichner, Henry F. – Phi Delta Kappan, 1987
The concept "in loco parentis" is discussed in relation to its historical place in education and its current status. The doctrine has expanded from its original idea of "restraint and correction" to figure significantly in court cases involving corporal punishment, student searches, school rules, correlative duties, and…
Descriptors: Corporal Punishment, Court Litigation, Discipline Policy, Educational History
Zirkel, Perry A. – Phi Delta Kappan, 1985
Proposes creation of a tongue-in-cheek award for those who would rather sue than try to resolve problems through negotiation and communication. Nominates specific cases tried in 1982, 1983, and 1984 to receive the award. (Author/PGD)
Descriptors: Awards, Conflict Resolution, Court Litigation, Court Role
Zirkel, Perry A. – Phi Delta Kappan, 1977
Descriptors: Bilingual Education, Court Litigation, Educational History, Elementary Secondary Education
Zirkel, Perry A. – Phi Delta Kappan, 1980
Presents a 10-question quiz based on court decisions reported from 1977 through 1979. Three areas are covered--student discipline, student searches, and student expression. Answers and explanations are given for each question. (IRT)
Descriptors: Court Litigation, Discipline, Freedom of Speech, Search and Seizure
Zirkel, Perry A. – Phi Delta Kappan, 1998
Describes extensive litigation resulting from a geography teacher's characterization of a German-American student as a neo-Nazi. Making a federal case out of this matter was misguided, though "hostile atmosphere" litigation is increasing. Parents could have pursued administrative action through the board of education. Umbrella "hate…
Descriptors: Classroom Environment, Court Litigation, Intermediate Grades, Labeling (of Persons)
Zirkel, Perry A. – Phi Delta Kappan, 1997
By overruling both "Aguilar v. Felton" and its companion case, "School District of Grand Rapids v. Ball" as inconsistent with their current understanding of the Establishment Clause, U.S. Supreme Court majority held that "a federally funded program providing supplemental, remedial instruction to disadvantaged children on a…
Descriptors: Court Litigation, Disadvantaged, Elementary Secondary Education, Remedial Programs
Zirkel, Perry A. – Phi Delta Kappan, 1997
Discusses a California case involving a tenured professor's controversial teaching style, which focused on "obscene" topics and assignments that allegedly humiliated female students. The professor eventually prevailed in a Ninth Circuit appeal. The lesson: when attempting to eradicate sexual harassment, we cannot abandon important First…
Descriptors: Academic Freedom, College Faculty, Controversial Issues (Course Content), Court Litigation
Zirkel, Perry A. – Phi Delta Kappan, 2003
Discusses New York case involving harassment of a female high school junior by three other girls culminating in physical attack that results in serious brain injuries to the girl. Girl's parents sued school officials for negligence. Jury finds that the vice-principal acted in reckless disregard for girl's safety and awards parents $11.2 million…
Descriptors: Assistant Principals, Bullying, Court Litigation, Females
Zirkel, Perry A. – Phi Delta Kappan, 2003
A court case involving a student classified as a child with a disability and her battle to be named valedictorian of her graduating class. Questions the district's determination that this gifted student needed special education and the grade inflation indicated by undue competition for the extra thousandth of a point GPA. (Contains 11 references.)…
Descriptors: Commencement Ceremonies, Court Litigation, Grade Point Average, High Schools
Zirkel, Perry A. – Phi Delta Kappan, 2003
Analyzes federal district court case involving legal action against certain companies that produced violent video games, a violent motion picture, or maintained pornographic websites. Parents of three Kentucky high school students shot and killed by another student who regularly viewed the aforementioned material brought suit. The court dismissed…
Descriptors: Court Litigation, High Schools, Homicide, Legal Responsibility
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