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…

To provide a comparative perspective on the legalization of education, the author analyzes the role of the West German Federal Constitutional Court in shaping educational policy. He identifies two constitutional norms the court uses to interpret the relationship between education and the state: equal protection and the legitimacy of educational…

This article provides a section-by-section analysis of Title IX and suggests a legal framework in which to evaluate separate or different treatment of the sexes in the activities to which it applies. (Author)

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…

A discussion of the limited meaning of test scores, testing as an invasion of privacy, the abuse of test scores as confidential information and privileged communication, recording and storing of test results, access to test scores, and the demand for accountability forms the basis for recommendations for the release of individual and group test…

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,…

A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…

This chapter analyzes more than 200 cases reported in 1986 involving public-sector employees in elementary and secondary education. Also included, where appropriate, are relevant 1986 Supreme Court cases from outside the field of education, as well as leading cases from prior years. Legal issues covered by the review include the following: (1)…

At the 1977 Educational Testing Service (ETS) Invitational Conference, the ETS Measurement Award was presented to Anne Anastasi. In view of the convergence of measurement and the law, the conference focused on six related issues. Barbara Lerner explored the screening procedures of American professional and graduate schools in "Equal…