Maintains that political correctness as an issue is a hyperbole, and the attack on political correctness is merely the anticipated reaction to the expansion of dialogue to society's least visible populations. Discusses the First and Fourteenth Amendments to the Constitution, and argues that the twin conceptions of personal liberty and community…

On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

Analyzes the April 1990 Supreme Court decision that a member of a religion may not challenge, under the First Amendment free exercise clause, a generally applicable criminal law that infringes on a specific religious practice. Discusses political and legal implications for the Native American Church and other minority religions. (SV)

Reviews judicial decisions involving school staff evaluation systems. Courts remain reluctant to interfere with the summative evaluation process of a school district. Administrators must apply reasoned, ascertainable standards in employment decisions in order to withstand judicial scrutiny amid the array of legal constraints on the evaluation of…

This article address the legal and constitutional issues surrounding how far school leaders can go in restricting distribution of materials that are viewed as religious in nature. Does restricting the student's right to distribute the flyer amount to a suppression of free speech based on content? Does the principal's action constitute unlawful…

In relation to law enforcement and the courts, the press serves to inform the public about crimes and how government institutions deal with them. The press also plays a crucial role in assuring that the rights of individuals guaranteed by the Sixth Amendment are protected. The issue of prejudice, caused by news coverage of crime and criminal…

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

This serial issue concerns itself with several conflicts between individual rights and allegedly wrongful acts that the Supreme Court has not considered previously. The articles on these topics illuminate the constitutional issues of equal protection, due process, and freedom of expression. Specific issues addressed include: (1) equal educational…

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…

This monograph analyzes health and safety issues in education in terms of relevant constitutional and statutory provisions. Chapter 1, an introduction, summarizes Fourteenth Amendment equal protection and due process clauses and defines "handicapped" under the Rehabilitation Act. State assistance and student eligibility under the…