NotesFAQContact Us
Collection
Advanced
Search Tips
Showing all 15 results Save | Export
Before You Judge Your Next Student Press First Amendment Case
Blackmon, C. Robert; And Others – Phi Delta Kappan, 1978
A survey indicates that principals, advisors, and student editors lack adequate knowledge of First Amendment precedents involving student newspapers and tend to make judgements on the basis of self-interest rather than on the law. (Author/IRT)
Descriptors: Administrator Attitudes, Constitutional Law, Court Litigation, Principals
The Firing of a Bisexual Counselor: Unresolved Constitutional Issues.
Flygare, Thomas J. – Phi Delta Kappan, 1985
A district court decision that the firing of a bisexual counselor violated free speech and equal protection of the law was reversed by the Sixth Circuit Court of Appeals. Although the United States Supreme Court declined to review the case, Justices Brennan and Marshall wrote dissenting opinions claiming unresolved constitutional issues. (MLF)
Descriptors: Bisexuality, Constitutional Law, Court Litigation, Equal Protection
Implications of a Landmark Ruling on Florida's Minimum Competency Test.
Popham, W. James; Lindheim, Elaine – Phi Delta Kappan, 1981
Reviews a federal court ruling in Florida stating that minimum competency tests must be fair--that is, they must cover material that has actually been taught. Unfair tests used to determine eligibility for graduation violate the equal protection and due process clauses of the Constitution. (Author/WD)
Descriptors: Administrator Responsibility, Class Activities, Court Litigation, Due Process
Minimum Competency Testing and the Demand for Accountability.
Pullin, Diana – Phi Delta Kappan, 1981
The attorney for the plaintiffs in Debra P. v. Turlington discusses the harmful effects and the arbitrary and unfair nature of minimum competency testing. (Author/WD)
Descriptors: Court Litigation, Curriculum Development, Equal Education, Graduation Requirements
School Library Censorship Comes before the Supreme Court.
Kemerer, Frank R.; Hirsh, Stephanie Abraham – Phi Delta Kappan, 1982
Censorship pressure has increased dramatically since 1980. Challenges to complaints about books in public libraries have resulted in widely divergent court decisions. The Supreme Court's agreement to review "Pico v. Island Trees Union Free School District" could have a profound impact on the governance of public schools. (Author/WD)
Descriptors: Academic Freedom, Board of Education Role, Books, Censorship
Florida's Testing Program: A Firm Foundation for Improvement.
Turlington, Ralph D. – Phi Delta Kappan, 1981
Rebuts the article on minimum competency testing by Diana Pullin in the September 1981 "Kappan." Argues that the competency testing program in Florida is a powerful force for motivating improvement. (Author/WD)
Descriptors: Academic Achievement, Court Litigation, Educational Improvement, Graduation Requirements
Graduation Competency Testing Fails in Georgia.
Flygare, Thomas J. – Phi Delta Kappan, 1981
Despite demonstrated success of a graduation competency testing policy in Tatnall County (Georgia), a judge ruled that the policy violated due process because the school district could not show that the items on the test were actually taught in the schools. (WD)
Descriptors: Academic Achievement, Court Litigation, Disabilities, Due Process
School-Sponsored Student Newspapers Are Entitled to First Amendment Protection
Flygare, Thomas J. – Phi Delta Kappan, 1977
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Freedom of Speech
Fatal Suspension.
Zirkel, Perry A. – Phi Delta Kappan, 1999
Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)
Descriptors: Behavior Problems, Court Litigation, Due Process, Learning Disabilities
Title IX Lawsuits.
Tungate, David E.; Orie, Daniel P. – Phi Delta Kappan, 1998
Since Brown University lost its four-year court battle over athletic program equality issues, most colleges and secondary schools have learned to settle when sued under Title IX. Virginia Tech, University of Kansas, and Howard University are illustrative cases. Since nearly all high schools and colleges are vulnerable, it is wise to prepare for…
Descriptors: Athletics, Court Litigation, Higher Education, Legal Problems
Testing the Limits or Limiting the Tests?
Zirkel, Perry A. – Phi Delta Kappan, 1998
Summarizes a complex Kentucky appeals court ruling upholding a school district's right to administer the Kentucky Instructional Results Information System exam to all students. Parents not allowing their children to take the exam lost their "reasonable accommodation" suit--signalling strong judicial support for the education reform…
Descriptors: Court Litigation, Educational Policy, Legal Problems, Religious Factors
Teacher-On-Student Sexual Harassment: Monkeying Around?
Zirkel, Perry A. – Phi Delta Kappan, 1998
Discusses a Texas sexual harassment case (Gebser v Lago Vista Independent School District involving a high-school English teacher and an eighth grader. Lower and federal courts favored the school district as to liability claims. In June 1998, the U.S. Supreme Court voted to adopt the actual notice standard, affirming dismissal of the plaintiff's…
Descriptors: Administrator Responsibility, Court Litigation, Legal Responsibility, School Responsibility
Where It Rains, It Doesn't Necessarily Pour.
Zirkel, Perry A. – Phi Delta Kappan, 1996
Summarizes a complex sex abuse case in a Texas district that turned on a teacher's failure to report a coach's misdeeds to the proper authorities. The appeals court, which found for the teacher, concluded that the missing ingredient was control. The child-abuse reporting statute did not empower a teacher with legal control over the coach's…
Descriptors: Court Litigation, Legal Problems, Secondary Education, Sexual Abuse
The Science and Religion Wars.
Singham, Mano – Phi Delta Kappan, 2000
The recent flap over the Kansas State Board of Education's decision to drop knowledge of evolution theory from its science standards has rekindled the perennial science/religion debate in education. This article examines mutual relationships of three knowledge structures (science, mainstream religion, and fringe beliefs) and the middle-ground's…
Descriptors: Academic Standards, Controversial Issues (Course Content), Court Litigation, Creationism
No Pass, No Drive?
Zirkel, Perry A. – Phi Delta Kappan, 2001
Discusses basis for Kentucky appellate court decision that state's no-pass, no-drive statute did not violate due-process and equal-protection clauses of the Kentucky and federal constitutions, but did violate the federal Family Education Rights and Privacy Act, but nevertheless did not invalidate the statute. Explains why the decision is…
Descriptors: Court Litigation, Dropout Prevention, Secondary Education, State Courts