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…

Author reviews court decisions that affect the schools. (Editor/CB)

Explores whether the state university student confronted with double prosecution (university disciplinary proceedings and state or municipal criminal proceedings) has any constitutional basis for claiming the applicability of double jeopardy protection of the Fifth Amendment as a bar to a second prosecution. Concludes that the issue is not…

This document addresses the question of students being put into a position of double jeopardy--if they commit a civil offense, they are subject not only to trial by the public courts but are also subject to punishment by their educational institution. As a general rule, colleges and universities should not prosecute students for acts subject to…

This packet is designed to assist legal services offices in challenging fees assessed for textbooks, student activities, materials, or similar items. The material includes (1) draft paragraphs for a complaint in a Federal or State court; (2) excerpts from a brief submitted to the U.S. Supreme Court in support of a petition for writ of certiorari…

Reexamines the common law precedent on student expulsions and suspensions and seeks to formulate a comprehensive doctrinal basis for common law judicial intervention that will realistically protect the rights of public and private university students alike. (Author)

Discusses the suit of an unsuccessful white applicant to a state university who discovers that black candidates with lower test scores and grades are being accepted for the entering class for which he has been rejected. His suit against the university alleges a denial of equal protection, contending he was denied admission because of his race.…

Significant changes in United States culture during the past 25 years and court decisions resulting from legal suits challenging traditional educational procedures have made the future course of education very unpredictable. The social unrest of the 1960s brought about innovations such as open classrooms and nongrading systems in the wake of…

This paper on the legal rights and remedies of high school dropouts and potential dropouts is a study of the plight of the substantial number of students who drop out of the New York public school system before considering high school graduation. Further, it questions the availability of legal rights to students and parents. Three sections…

The quality of education being offered by institutions of higher education is being questioned. Trends toward educational quality are evident by court cases that are cited; the issue has been school finance. The equal protection clause of the Constitution has been extended to apply to several areas through the idea of "fundamental rights." The…

Legal and ethical issues involved in the balance between concern over school violence and regard for the individual rights of students are explored. Several Canadian cases involving duty of care, the 1995 amendment to the Young Offenders Act, and the confidentiality of student records are reviewed. Confidentiality guidelines are proposed. (SLD)

This is the second issue of a new journal designed to keep elementary and secondary school teachers and students up-to-date with developments in law-related education. The focus of this issue is on discipline and due process in the schools. One article discusses recent court cases concerning the rights of students versus the rights of school…

Academic decisions related to grouping, grading, and student promotion are discussed in this legal memorandum for secondary school principals. Federal and state court cases involving enrollment, student placement, promotion, grading, graduation, and gender-based classification are examined. Conclusions are that judges tend to respect an educator's…

In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…

Ideas and information gathered from eight monthly seminars focusing on issues related to rights of youths are presented here. The topics that are covered are as follows: what it means to be regarded as a person, a definitive look at moral and legal rights, adult and youth rights, the rights of youth to be regarded as persons in schools and in…