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Under the Law: School Accountability--Lessons from the Courts
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Kim, Robert – Phi Delta Kappan, 2022
No Child Left Behind and the Every Student Succeeds Act have made accountability central to conversations about education policy. But neither statute articulates a clear vision of what constitutes "quality" or "equity" in education, nor do they include a mechanism to ensure that schools have sufficient resources to pursue that…
Descriptors: Educational Legislation, Federal Legislation, Elementary Secondary Education, Accountability
U.S. Supreme Court Volunteers to Decide New Jersey Student Search-and-Seizure Case.
Flygare, Thomas J. – Phi Delta Kappan, 1984
Reviews the status of Supreme Court deliberations in questions surrounding a New Jersey school's search of a student's purse. The state courts found the search unreasonable and reversed a lower court decision. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Search and Seizure
Striking Results.
Zirkel, Perry A. – Phi Delta Kappan, 2003
Analyzes New Jersey case involving the jailing of striking teachers who refused to comply with a judge's return-to-work order. (PKP)
Descriptors: Boards of Education, Collective Bargaining, Court Litigation, Elementary Secondary Education
Sanctioned Suit.
Zirkel, Perry A. – Phi Delta Kappan, 2001
In a case involving four high school seniors' suspension following a class-trip drinking incident, a federal court upheld the school district's action and imposed sanctions on the plaintiffs' attorney for trivializing equal-rights and due-process protections. Today's courts have little tolerance for student misconduct involving drugs or alcohol.…
Descriptors: Court Litigation, Drinking, Due Process, High Schools
A Two-Headed Monster.
Zirkel, Perry A. – Phi Delta Kappan, 2000
A protracted case involving a high-achieving ADHD student who was judged eligible for Section 504 assistance, but not for Individuals with Disabilities Education Act assistance, demonstrates confusing overlaps between programs, problems with overidentifying students as disabled, and the high costs of "legalizing" special education.…
Descriptors: Attention Deficit Disorders, Costs, Court Litigation, Due Process
Courtside: With Liberty and Liability for All?
Zirkel, Perry A. – Phi Delta Kappan, 2004
In September 1997, the Ridgewood, New Jersey, school district placed J.N., then age 11, in the Windsor School, per the IEP (individualized education program) team's identification of his special needs for structure, safety, and security. As a state-approved private special education school, Windsor signed an agreement with Ridgewood for the…
Descriptors: Court Litigation, Individualized Education Programs, Special Education, Private Schools