In "San Antonio Independent School District v. Rodriguez" (1973), the U.S. Supreme Court ruled that the Texas school finance system did not violate the Fourteenth Amendment and that education was not a fundamental right deserving of strict judicial scrutiny. This paper discusses various school financing schemes recently challenged in…

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)

Predictions of death for educational malpractice may be premature. A shift in legal reasoning by the California Supreme Court and the Los Angeles School District's educational guarantee policy might influence future courts to look more favorably upon the claims of educationally impaired plaintiffs. (MLF)

Intended to assist debaters and coaches who will be debating the 1983-84 national high school debate topic, this booklet combines discussion of general debate theory, and information specific to the topic: "What changes are most needed in the procedures used in the United States justice system?" The eight chapters of the booklet contain…

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…

Determining whether an employee's First Amendment free speech interests should prevail over legitimate employer concerns for an efficient workplace is a difficult question that this book attempts to answer. To give public employers and public employees an understanding of the legal framework in which free speech issues are decided is the purpose…

Outlines the legal authority permitting North Carolina school officials to excuse all students' attendance under a uniform policy and applies this policy to absences and early checkouts by 18-year-olds. Cites cases supporting school officials' legal duty to consider exemptions for 18-year-olds with extenuating family circumstances. Cites 37…

Discusses "no pass-no play" rules adopted by many state legislatures and local school districts that raise the academic standards students must meet before participating in extracurricular activities. Reviews two recent court challenges to the rules' constitutionality, focusing on due process, authority, and participation as a right or…

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)