Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)

The perception of an "explosion" of education litigation expressed by federal officials and by the relevant literature is incorrect. Summarizes the findings of previous research and of the present study to answer the frequency question, and reveals findings as to United States Supreme Court decisions. (MLF)

During the last 12 months, the highest courts in 5 states have issued opinions on the constitutionality of their public school funding systems. Briefly reviews decisions and discusses possible future directions of this litigation based on an analysis of the 3 decades of litigation since "Serrano v. Priest" (1971). (Contains 11…

A case summary and accompanying question-and-answer discussion reveals that principals continue to be not only defendants but also plaintiffs in cases involving the reporting of suspected child abuse. (Contains 10 references.) (Author/MLF)

This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…

In "Smith" the California Supreme Court ruled that the University must provide a partial refund to students objecting to fees used for activities supporting a single political or ideological viewpoint. Surveys prior case law on student fees, agency fees, and integrated bar dues. Discusses "Smith's" impact and contends it should…

Cites four cases illustrating that college institutions and individual administrators who fail to take adequate protective steps or give adequate warning of risks may be liable, in damage suits, to student victims of subsequent campus criminal activities. (MLF)

Despite the school shooting on December 1, 1997, under current state law in Kentucky, school officials and administrators are not likely to be held accountable, even for ignoring the most obvious of warning signs. There should no longer be the rule barring liability that is called sovereign immunity. Instead, the court should examine the actions…

Most litigation involving college students' alcohol consumption and related accidents claims negligence on the part of institutions or their agents. General trends may be predicted from past state court decisions. Colleges and universities may wish to reexamine their policies with regard to consumption of alcohol by their students. (MLF)

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

This chapter of "Principles of School Business Management" reviews major federal and state court cases dealing with fiscal equalization of state school support programs and summarizes and discusses the major legal issues that were addressed. The major federal cases include "McInnis v. Shapiro,""Burrus v. Wilkerson," and "Van Dusartz v. Hatfield,"…

Washington's State Supreme Court held unconstitutional a secondary school's routine search of the luggage of all students participating in a school-sponsored overnight trip. Such general searches are not permitted, and schools can find other means of ensuring good student discipline. (PGD)

Discusses the political controversy over affirmative action discrimination. Broadly outlines three cases in which the Supreme Court has addressed the issue. Analyzes three lower court decisions affirming the validity of affirmative action. Examines research on race and gender role models. (MD)

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

Parental rights and state compulsory school attendance requirements are limited by constitutional constraints, as shown in three benchmark cases. The article also cites cases to show the impact of compulsory education laws on home schooling, which is increasing. The state retains the power to impose minimum curriculum requirements. Cites…