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Lines, Patricia M. – Phi Delta Kappan, 1985
A review of court decisions about teacher testing programs shows that tests must be equitable and fair, must not be used to discriminate by race or sex, and that adequate notice to teachers is required. (MLF)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Justice
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
Flygare, Thomas J. – Phi Delta Kappan, 1985
According to the Maryland Court of Special Appeals, a teacher sentenced to probation as a first offender for residing in an apartment where marijuana was grown and used was improperly dismissed from her teaching position despite a state law protecting first offenders, but remained subject to dismissal for misconduct. (PGD)
Descriptors: Court Litigation, Elementary Secondary Education, Illegal Drug Use, Marihuana
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews the United States Supreme Court's findings in "New Jersey vs. T.L.O.," a case hinging on the reasonableness of a school official's search of a student's purse. Cites several issues that remained unresolved after the decision and argues that the court could have been more helpful. (PGD)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy
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
Flygare, Thomas J. – Phi Delta Kappan, 1985
Considers two lost court suits: in one, a basketball referee was sued for a "bad" call that led to a loss by the team promoted on the litigant's merchandise; in the other, a university was sued for permitting graduating students to throw their mortarboards, one of which injured the litigant. (PGD)
Descriptors: Athletics, Commencement Ceremonies, Court Litigation, Higher Education
Flygare, Thomas J. – Phi Delta Kappan, 1985
The Texas Supreme Court ruled that students' rights to participate in extracurricular activities were not on the same level as rights to free speech and found that the state law barring failing students from extracurricular activities was rationally related to a legitimate state interest in educational quality. (PGD)
Descriptors: Athletics, Court Litigation, Elementary Secondary Education, Extracurricular Activities
Flygare, Thomas J. – Phi Delta Kappan, 1985
U.S. Supreme Court decisions handed down in June and July 1985 rejected the use of silent periods for religious purposes in the public schools, and restricted the use of public funds to support supplemental educational programs in parochial school settings. (PGD)
Descriptors: Court Litigation, Elementary Education, Federal Courts, Parochial Schools
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews trends in U.S. Supreme Court decisions affecting schools before and since 1975. Notes that since 1975 emphasis has shifted away from the individual rights of school officials to run schools as they deem appropriate. Foresees upcoming litigation focusing on educational reforms. (PGD)
Descriptors: Administrator Responsibility, Civil Liberties, Court Litigation, Educational Change
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews "Bethel School District vs. Fraser," a case in which a student was suspended for presenting an "indecent" speech to his school's student body. Lower courts found the student's First Amendment rights violated, but the U.S. Supreme Court's decision to hear the case suggests these rights may be reexamined. (PGD)
Descriptors: Court Litigation, Freedom of Speech, High Schools, Student Rights
Flygare, Thomas J. – Phi Delta Kappan, 1986
Discusses whether the disease AIDS (Acquired Immune Deficiency Syndrome) could be considered a "handicap." Describes a recent court decision, "Arline vs. School Board of Nassau County," in which the court found that a teacher with tuberculosis could be defined as handicapped and that her dismissal was in violation of Section…
Descriptors: Court Litigation, Disabilities, Educational Administration
Reed, Sally – Phi Delta Kappan, 1986
Outlines three ways schools are choosing to deal with Acquired Immune Deficiency Syndrome (AIDS) cases in their schools. Discusses the Center for Disease Control guidelines, the legal ramifications if schools do not follow these guidelines, and the implications for the future. Includes a resource guide for more information. (MD)
Descriptors: Attendance, Board of Education Policy, Communicable Diseases, Court Litigation
Flygare, Thomas J. – Phi Delta Kappan, 1986
The Supreme Court in December 1985 voted 9-0 reversing a lower court decision in the case of "Ewing vs. Board of Regents." Ewing, a medical student, appealed the medical school's decision to dismiss him. The Supreme Court found that "the decision was made conscientiously and with careful deliberation." This decision maintains…
Descriptors: Academic Failure, Court Litigation, Decision Making, Due Process
Flygare, Thomas J. – Phi Delta Kappan, 1986
Blasts the supreme court of Washington State for its inappropriate treatment of Larry Witters, a legally blind student denied state vocational rehabilitation funds because his intended Bible studies program supposedly violated the First Amendment's establishment clause. Even a United States Supreme Court reversal failed to end Witter's…
Descriptors: Blindness, Court Litigation, Higher Education, State Aid
Blaunstein, Phyllis L. – Phi Delta Kappan, 1986
In recent years a growing number of state boards of education have established mechanisms to ensure dialog between public school policymakers and their nonpublic school counterparts. Outlines the methods used in four states: Florida, Louisiana, New York, and Ohio. (MD)
Descriptors: Accreditation (Institutions), Compulsory Education, Conflict, Cooperation
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