This case illustrates why future school leaders must be prepared to handle complex legal and political issues that commonly arise in school districts today. We discuss a long-standing and unresolved legal battle between a Hasidic Jewish community and the public school district in East Ramapo, New York. In particular, we examine the difficulties…

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

E-mail has created friction between school districts' proprietary needs and employees' privacy rights. This article examines e-mail law (constitutional, statutory, and common) and issues (employer monitoring, discover problems, admissibility, and attorney-client privilege) and provides policy guidelines. The 1996 Communications Decency Act,…

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Service learning is not immune from legal problems. In 1993, the third Circuit Court of Appeals quashed a lawsuit claiming a school's mandatory public-service requirement violated the 1st and 13th amendments. The most recent case was pursued against a New York district whose modest public-service requirement supposedly forced students into…

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

State compulsory attendance statutes require parents and legal guardians to see that children are educated. Although courts have consistently upheld such statutes, the nature of these filings has changed. Whereas early-day legal action usually sought to protect the rights of some select group from constitutional infringement, more recent suits…

Do school dress codes written with the specific purpose of limiting individual dress preferences, including dress associated with gangs, infringe on speech freedoms granted by the First Amendment of the U.S. Constitution? Although the Supreme Court has extended its protection of political speech to nonverbal acts of communication, it has…

This paper reviews First Amendment federal court cases pertaining to religion in schools, suggesting that the findings reveal a judiciary uncertain of where to strike a balance between the interests of the majority and the rights of the minority. The first area discussed is public aid to private schools. The cases covered in this discussion…

Focuses on recent First Amendment case law and proposed legislation that has shaped and will continue to influence judicial affairs. (KW)

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

Cases arguing about the use of school facilities by religious groups continued to increase in number in 1990; however cases involving home instruction and student searches declined. In the school desegregation section, the financing of desegregation plans occupied the attention in most cases. Increasingly, desegregation cases focus less on…

Court decisions in 1988 expanded the power of school boards to set policies regarding the operation of the public schools. Cases are discussed under the following sections: (1) public school assignment, tuition, transportation, home instruction, and compulsory attendance; (2) private and parochial schools; (3) substantive rights of students,…

This guide reviews legal standards inherent in the First Amendment and recommends management techniques that ensure employees' free speech rights while maintaining school efficiency. Section 1, "Introduction," presents an overview of the trend toward litigation in which public employees allege that school officials have violated First…