Court decisions on educational issues are often based on an interpretation of the due process or equal protection clauses of the Fourteenth Amendment. This paper provides educators with a better understanding of the continuing development of this important amendment. (Author)

Since 1954 school children have sought and secured constitutional protection -- primarily under the First Amendment and the due process and equal protection clauses of the Fourteenth Amendment. Outlines some of the constitutional developments and recurring issues in education under (1) exclusion, (2) functional exclusion, (3) free expression, (4)…

As public use of school facilities increases, legal questions concerning their use can also be expected to increase. Such increases in litigation are most likely to involve the constitutional rights of students to use school facilities. Anticipating this increase, this paper reviews some cases dealing with constitutional issues of freedom of…

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 speech, through an analysis of significant court cases, discusses the rights of married students. The cases analyzed center around the application of due process and equal protection rights to married students. Rights of married students that are discussed include the right to attend school and the right to participate in extracurricular…

In the development of judicial criteria apparently governing the constitutional rights of students, the question arises as to what causes the various judges to select a particular precedent, as well as criterion, to resolve a student-school authority conflict. The answer might be mitigating and enhancing judicial observations that could be, in…

This document on the Civil Rights of Students, perpared by the Educational Opportunities Planning Center, provides a synthesis of presentations made by the author and of the three discussion and answer sessions that followed at the three meetings of the School Law Conferences. Opening remarks emphasize the need for educators to respond to…

Compares two court cases to determine (1) the nature of the institution itself and (2) the nature of State involvement at the institution. Points out that (1) a confrontation between two constitutionally protected rights and (2) the significance of the absence of any racial discrimination characterize both cases. (Author)

This speech, a transcript from the tape of the original presentation at a session of the School Law Conference held at the University of Tennessee reviews recent and pending court decisions in three active areas of School Law; school finance, school desegregation, and student rights, with an emphasis on the issues encompassing the latter. The…

Discusses changing judicial and public attitudes regarding State and college discrimination against nonresidents. (JF)

Three areas of court litigation pose challenges to the administration of higher education. First, developments in equal protection and related areas promise reassessment of the distribution of educational finances. Both federal and state court cases suggest a shift from a requirement of equal educational opportunity to equal educational effects.…

The constitutional basis for laws concerning rights of the handicapped lies in the Fourteenth Amendment's equal protection and due process clauses. Recent litigation has been based on Section 504 of the 1973 Rehabilitation Act, P.L. 94-142. Significant court decisions affecting education have been handed down in five areas. Regarding right to free…

While the status of the application of constitutional rights in public schools has become clearer because of court cases and statutes, the position of the private and parochial schools has remained vague. This paper examines the status of the private and parochial schools not only to determine how due-process requirements have been extended to…