Increasing numbers of parents do not accept a school's discipline policy and are refusing to permit their children to comply with disciplinary sanctions. According to the California Education Code, educators have the right to expect parents to accept disciplinary decisions made in compliance with required procedures. Parental defiance might worsen…

School officials should adopt no-tolerance policies that require educators' discretion in punishing misbehaving students (based on due process and fundamental fairness), rather than relying on the zero-tolerance approach, which fails to differentiate among different levels of offenses. Even disruptive students deserve due process and appropriate…

This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

Judicial handling of Fourth Amendment issues arising from warrantless searches of college students' housing has concentrated on the status of the student. The author points out the defects in the status theories which have been used to justify relaxed standards of protection for college students. (Editor)

Legal problems that colleges and universities might avoid are identified. Colleges are being sued over a broad range of legal issues and are expending money for legal and court fees, settlements, and judgments. Legal problems include right of admission to particular colleges, the right to stay in school, questions of faculty promotion and tenure,…

The practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…

The legal rights of college students have changed substantially over the years, particularly during the 20th century. This paper provides a historical sketch of student rights, including a listing of significant events and cases, from the founding of Harvard College in 1636 to the bicentennial of the Constitution and the 50th anniversary of the…

In "Goss v. Lopez," the Supreme Court held that students have a right to a free public education, which cannot be taken away by school officials through suspensions, even temporarily, without due process of law. In "Wood v. Strickland," the Court further extended students' rights by ruling that, in the context of school…

The study examined standards applied by judges and hearing officers in deciding disputes related to the least restrictive environment (LRE) placement of handicapped children. The historical basis of the requirement is reviewed, focusing on court decisions; the requirements of P.L. 94-142, the Education for All Handicapped Children Act regarding…

Intended for parents of handicapped children, the booklet discusses parental rights in New Jersey regarding their child's education. Covered are the following topic areas (sample subtopics in parentheses): legal provisions (free appropriate public education, evaluation, classification, individualized education programs, placement); right to be…

Although juveniles are not considered criminals, it has been only in the last decade that they have been accorded the constitutional rights to fairness and due process of law accorded to adults - - basic rights guaranteed by the United States Supreme Court decision in the Miranda case. However, since a large proportion of youthful arrestees are of…

Three changes in trial procedure are proposed to minimize the effects of individual juror bias and those biases that are artifically induced by lawyers. Since certain personality types are likely to maintain whatever prejudices they bring to court, no one should be exempted from jury duty unless he is mentally retarded or physically incapacitated…

While the due process provisions within PL 94-142 are designed to protect the rights of handicapped children and their parents regardless of costs, this study suggests that Congress' original intentions are not being realized. Findings disclosed enormous cost differences (especially person hour costs) among due process hearings. Includes two…

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)

The response of courts to terminations resulting from a financial crisis threatening a school is analyzed. That response depends, in part, on whether the teacher is asserting the infringement of a constitutional right, such as freedom of expression, or the deprivation without due process of the law of a property interest, such as a statutory or…