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Donelson, Ken – Phi Delta Kappan, 1987
An English professor answers the most difficult questions from people who would censor school reading materials. The "secular humanism" controversy has provoked such diverse moral and legal meanings that librarians often avoid book selections. Educators can make informed decisions about good literature, even if the reality depicted appears…
Descriptors: Censorship, Controversial Issues (Course Content), Court Litigation, Educational Policy
Savage, David G. – Phi Delta Kappan, 1987
Evaluates the Supreme Court's decisions relating to education during the past few years and the effect that the retirement of Justice Lewis Powell will have on the balance of the Supreme Court. Discusses nominee Robert Bork and his possible effect if he becomes a member of the Supreme Court. (MD)
Descriptors: Civil Rights, Constitutional Law, Court Judges, Court Litigation
Flygare, Thomas J. – Phi Delta Kappan, 1988
Outlines U.S. District Court Judge Kovachevich's decision to return the Ray boys in Desoto County, Florida, to the classroom. These three children, Randy, Richard, and Robert, are hemophiliacs who have been exposed to the disease Acquired Immune Deficiency Syndrome. They had been excluded from the classrooms and came to national attention as a…
Descriptors: Acquired Immune Deficiency Syndrome, Court Litigation, Elementary Secondary Education, Health Education
Rose, Lowell C. – Phi Delta Kappan, 1988
The U.S. Supreme Court is applying a new legal standard in court actions involving students' constitutional rights. Instead of basing decisions on the "substantial interference" argument, the Court is giving school officials broad latitude to structure an environment in which students can both learn and develop "socially appropriate…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, Legal Responsibility
Jenkinson, Edward B. – Phi Delta Kappan, 1987
Reviews proceedings in "Mozert v. Hawkins County," in which the Sixth Circuit Court found that Holt reading series used by Hawkins County Public Schools caused the plaintiff students to "forfeit a free public education." Implications of this court decision are discussed. The judge narrowed the scope of the decision to the…
Descriptors: Boards of Education, Censorship, Court Litigation, Cultural Influences
Glenn, Charles L. – Phi Delta Kappan, 1987
Reaction of educators to court decision in "Mozert v. Hawkins County" should be tempered with common sense and flexibility. In his research on basal readers and textbooks, Paul Vitz found a distorted presentation of family life, neglect of the role of religion in contemporary American life, and neglect of patriotism, business, labor, and…
Descriptors: Boards of Education, Content Analysis, Court Litigation, Cultural Influences
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
Flygare, Thomas J. – Phi Delta Kappan, 1987
Discusses "Mozert v. Hawkins," pointing out four important factors in the case, and shows the reasonable and reasoned way the judge's final decision was made. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Literature, Moral Values
Lines, Patricia M. – Phi Delta Kappan, 1987
Presents a historical, national, and legal overview of home schooling. Reviews official responses and constitutional limits on state regulation and offers suggestions on ways that public educators and home-schoolers can improve their relationship. Recommends that public officials take initial steps to bridge the communication gap. (CJH)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Government School Relationship
Flygare, Thomas J. – Phi Delta Kappan, 1987
Tenured faculty are normally terminated only for just cause. In "Milbouer v. Keppler," however, an Idaho district court upheld faculty members' discharge when Boise State University declared a financial exigency. Examination shows that this definition of financial exigency derived from budget reductions that affected small program…
Descriptors: College Faculty, Contracts, Court Litigation, Court Role
Flygare, Thomas J. – Phi Delta Kappan, 1986
Describes two recent court cases that demonstrate the difficulty of balancing the emphasis on drug detection with the privacy rights of students. Concludes that school officials should not be quick to assume that reasonable suspicion exists. (IW)
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, School Law
Flygare, Thomas J. – Phi Delta Kappan, 1987
Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…
Descriptors: Censorship, Civil Rights, Court Litigation, Freedom of Speech
Flygare, Thomas J. – Phi Delta Kappan, 1987
In the 1986 Maine court decision "True v. Ladner," a school superintendent was found guilty of slander for a teacher recommendation. Many school attorneys are now advising superintendents and school officials not to provide references for former employees. If this becomes widespread the process of screening applicants for teaching…
Descriptors: Court Litigation, Educational Administration, Elementary Secondary Education, Personnel Data
Flygare, Thomas J. – Phi Delta Kappan, 1987
Describes a complex case involving termination of a third-grade teacher with recurrent tuberculosis. The United States Supreme Court upheld a circuit court's ruling that the teacher's condition satisfied section 504 of the 1973 Rehabilitation Act protecting handicapped persons against discrimination. Since contagiousness was not addressed, the…
Descriptors: Communicable Diseases, Court Litigation, Disabilities, Elementary Secondary Education
Flygare, Thomas J. – Phi Delta Kappan, 1986
To halt "white flight" to the suburbs occurring since a 1969-70 court decision imposed cross-town busing, neighborhood schools should be reinstated. The board's decision was challenged by the United States District Court, upheld by the U.S. Court of Appeals (Fourth Circuit), and may become a Supreme Court case. (MLH)
Descriptors: Busing, Court Litigation, Desegregation Litigation, Elementary Education
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