In New York State, private and religious schools are required to offer a curriculum "substantially equivalent" to what is available in local public schools. Substantial equivalency--which has been law for nearly 130 years--allows parents to direct the education of their children by enrolling them in the school of their choice, while also…

Since 1980, Michigan retirees have been afforded health care benefits for which they were required to pay 10 percent of the premium upon retirement--the remainder was paid for by the state. Recently, the Michigan Legislature reduced the financial obligation of the State for retiree health care benefits, placing it on the individual member. In…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

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…

Examines the development of retraction laws, which require publishers to correct allegedly false stories, and looks at their constitutional implications. (GT)

A problem unique to constitutional torts arises when state-created governmental entities are defendants. Implications of the problem are discussed, and it is concluded that until the issue is resolved, the right to compensation for violations of rights will continue to depend upon the law of the state in which the violation occurred. (LBH)

A 1998 court decision ruled that a recent Virginia law requiring official approval for state employees to put materials with "sexually explicit content" on the Internet was unconstitutional. However, the extent to which the First Amendment will protect academic freedom in cyberspace in this case and for other issues is not clear. (MSE)

The existence and exercise of a teacher's authority to use corporal punishment in disciplining students has been challenged in both Louisiana and federal courts. Recent developments and posit solutions where the law is unsettled are reviewed. Available from: the Louisiana State University Law School, Baton Rouge, Louisiana. (LBH)

Examines the legal issues that may have impacts on charter schools. Considers the results of a study of the impact of charter school laws on urban schools (E. Rofes, 1998). Questions whether charter schools are public institutions and examines the key constitutional issues they face. Also reflects on labor issues and dealing with teachers' unions.…

Examined is the legal validity of recent New York legislation--the Trust for Cultural Resources legislation--that will aid the Museum of Modern Art (MOMA) in New York City without depleting the public treasury. Focus is on its tax exemption features, condemnation provision, and constitutional questions raised by its connections with MOMA. (JMD)

This paper sets out the legal grounds for sexual harassment claims in education settings, and notes a number of pertinent cases that are illustrative of common legal and factual issues. Sexual harassment, including sexual abuse, is prohibited by federal and state statutes. Sexual harassment in the context of employment constitutes employment…

Examined are issues related to authority of a state governing board in conflicts involving higher education institutions and the state government. It is concluded that the overlapping responsibilities of governing boards and state legislatures are ambiguous. (Journal availability: University of North Dakota School of Law, Grand Forks, ND 58202,…

Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…