In "San Antonio Independent School District v. Rodriguez" (1973), the U.S. Supreme Court ruled that the Texas school finance system did not violate the Fourteenth Amendment and that education was not a fundamental right deserving of strict judicial scrutiny. This paper discusses various school financing schemes recently challenged in…

According to this reference manual, the nation's courts offer public high school journalists the same constitutional protection for expression, free speech, and free press as adults. Part 1 traces the development of the First and Fourth Amendments and explains how these provisions apply to high school publications. Part 2 examines expression that…

Discusses "no pass-no play" rules adopted by many state legislatures and local school districts that raise the academic standards students must meet before participating in extracurricular activities. Reviews two recent court challenges to the rules' constitutionality, focusing on due process, authority, and participation as a right or…

Each year the Constitutional Rights Foundation creates a mock trial that addresses serious matters facing young people. This year the lesson confronts the recent shootings at U.S. schools and the subsequent criminal trials. The nature of such violence and its causes including unresolved peer conflict, questions of responsibility, peer pressure,…

Discusses the "Cleveland Board of Education v. Loudermill" case, in which a security guard was dismissed for dishonestly completing an application without a chance to answer the charge or challenge his dismissal. Examines the United States Supreme Court ruling, immediate due process implications, unanswered questions, and lower court…

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

Presents a sample introductory lesson on the concept of equal protection, differential treatment under law, and legal tests for determining when differential treatment violates the Equal Protection Clause. Recommends using a poster depicting segregated water fountains and contrasting it with the Declaration of Independence to discuss the doctrine…

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…

This chapter--new to the "Yearbook"--discusses all court cases reported in 1986 that involved student athletes, coaches, athletic directors, athletic associations, booster organizations, interscholastic sports programs and events, and sports facilities and equipment at both the K-12 and higher education levels. It does not, however,…

Handicapped students are now protected by specific statutes in addition to the broad constitutional protection offered all students. As the number of related statutes, regulations, and case law decisions grew, assimilation became increasingly difficult. This publication attempts to meet educators' need for a succinct guide in special education…

The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…