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Legal/Legislative/Regulatory… | 10 |
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Zirkel, Perry A. – Phi Delta Kappan, 2001
Discusses basis for Kentucky appellate court decision that state's no-pass, no-drive statute did not violate due-process and equal-protection clauses of the Kentucky and federal constitutions, but did violate the federal Family Education Rights and Privacy Act, but nevertheless did not invalidate the statute. Explains why the decision is…
Descriptors: Court Litigation, Dropout Prevention, Secondary Education, State Courts
Flygare, Thomas J. – Phi Delta Kappan, 1983
A series of legal actions brought by Elmo Tatum charging the University of Nebraska with discriminatory policies is reviewed. The United States Supreme Court awarded the university damages because of the "frivolous" nature of Tatum's appeal, and the essay concludes that this may inaugurate a campaign against the flood of litigation. (MJL)
Descriptors: Civil Rights, Court Litigation, Federal Courts, Higher Education
Zirkel, Perry A. – Phi Delta Kappan, 2003
Discusses New York case involving harassment of a female high school junior by three other girls culminating in physical attack that results in serious brain injuries to the girl. Girl's parents sued school officials for negligence. Jury finds that the vice-principal acted in reckless disregard for girl's safety and awards parents $11.2 million…
Descriptors: Assistant Principals, Bullying, Court Litigation, Females
Zirkel, Perry A. – Phi Delta Kappan, 2001
Review of suit brought by high school basketball player against Iowa school district claiming the district was guilty of negligent misrepresentation. High school counselor advised student to take a communications course, saying it would satisfy NCAA core English requirements, but he later found out it did not, resulting in his loss of a…
Descriptors: Court Litigation, Elementary Secondary Education, Eligibility, Negligence
Flygare, Thomas J. – Phi Delta Kappan, 1985
The Texas Supreme Court ruled that students' rights to participate in extracurricular activities were not on the same level as rights to free speech and found that the state law barring failing students from extracurricular activities was rationally related to a legitimate state interest in educational quality. (PGD)
Descriptors: Athletics, Court Litigation, Elementary Secondary Education, Extracurricular Activities
Flygare, Thomas J. – Phi Delta Kappan, 1986
Blasts the supreme court of Washington State for its inappropriate treatment of Larry Witters, a legally blind student denied state vocational rehabilitation funds because his intended Bible studies program supposedly violated the First Amendment's establishment clause. Even a United States Supreme Court reversal failed to end Witter's…
Descriptors: Blindness, Court Litigation, Higher Education, State Aid
Flygare, Thomas J. – Phi Delta Kappan, 1983
Recounts the case of "Turk v. Franklin Special School District" in Tennessee, in which the board's dismissal of a teacher was reversed by the Tennessee Supreme Court because the board failed to follow its own dismissal procedures and because the particular drunk driving conviction did not warrant dismissal. (RW)
Descriptors: Board of Education Policy, Court Litigation, Drinking, Due Process
Zirkel, Perry A. – Phi Delta Kappan, 2003
Analyzes New Jersey case involving the jailing of striking teachers who refused to comply with a judge's return-to-work order. (PKP)
Descriptors: Boards of Education, Collective Bargaining, Court Litigation, Elementary Secondary Education
Zirkel, Perry A. – Phi Delta Kappan, 2003
Analyzes complex Minnesota case wherein the state intermediate, appellate court upheld (2-1) juvenile court's order that a high school student expelled for making a bomb threat pay the district's tutoring costs and attorney's fees. (PKP)
Descriptors: Court Litigation, Discipline Policy, Expulsion, High School Students
Long, David C. – Phi Delta Kappan, 1983
Summarizes 16 state court decisions in 15 states concerning equity in statewide school finance systems, in the aftermath of the Supreme Court's San Antonio Independent School District v. Rodriguez" decision. Finds that some state legislatures and courts reformed their finance systems, while others let inequalities continue. (RW)
Descriptors: Court Litigation, Educational Equity (Finance), Elementary Secondary Education, Equal Education
Kirp, David L.; Jensen, Donald N. – Phi Delta Kappan, 1983
Although judicial influence in education seems to have faded since 1973, the federal government's diminished involvement in educational support and policymaking may result in a new wave of reform if challenges to the nonenforcement or rewriting of existing statutes providing services to disadvantaged groups are brought to court. (MJL)
Descriptors: Civil Rights, Court Litigation, Educational Equity (Finance), Educational Legislation
Zirkel, Perry A. – Phi Delta Kappan, 2003
Describes a Nebraska case where a signing bonus awarded to a new teacher was contested by the teachers' association. Provides a two-part legal reminder to school authorities. Does the state have a collective bargaining law that mandates bargaining in such situations? If so, negotiate the matter into a clearly provable agreement. (Author/MLF)
Descriptors: Collective Bargaining, Elementary Secondary Education, Incentives, Labor Legislation