During its 1993 session, the Michigan legislature enacted two statutes for the organization and operation of public school academies, Michigan's name for charter schools. A circuit court judge declared the charter schools were unconstitutional. In response, the legislature amended its original enactment. Traces the short but curious history of…

The Individuals with Disabilities Education Act (IDEA) does not contain a statute of limitations for filing a lawsuit. Presents a state-by-state analysis of the statutes of limitations courts have borrowed from the respective states for lawsuits appealing administrative decisions and independent actions to recover attorney fees under IDEA. (55…

The Supreme Court of Tennessee, in "Tennessee Small School Systems, Inc. v. McWherter," declared that Tennessee's method of financing its public schools violated the state constitution. The court's mode of analysis relies on the state equal protection clause rather than the state education clause. Examines implications for school finance…

The Texas supreme court upheld the constitutionality of Senate Bill 7 in a case referred to as "Edgewood IV." Three previous laws enacted to reduce fiscal disparities among Texas's school districts had been ruled unconstitutional by the Texas supreme Court. Summarizes the relationship between the legislation, the litigants, and the legal…

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)

An amendment to the Alabama constitution, adopted in 1956 in an attempt to absolve the state from maintaining a public school system, was declared unconstitutional in August 1991 by the Montgomery County Circuit Court. Discusses the political circumstances surrounding the case, the court's decision, and the future course of education finance…

Examines the issue of whether implementation of the Equal Access Act would violate the constitutions of some states that require a stricter separation of church and state than the federal Constitution. (MLF)

Focuses on the modern case-law intersection between state legislation for school districts that applies to reduction-in-force (RIF) and other state legislation that applies to collective bargaining. One conclusion is that the implementation of RIF is more likely to be negotiable and arbitrable than the reasons for RIF. (96 footnotes) (MLF)

Briefly outlines the development of the modern educational equity case, then focuses on the problems of legitimacy and judicial review that confront state courts when reviewing education legislation. Addresses the debate over whether courts can effectively define the right to education and create the remedy. Claims the 1993 cases offer a highly…

Executive administrators are vulnerable to the malice and defamatory attacks of critics on and off their campuses. Documents the impact of the actual malice standard on public higher education administrators since the United States Supreme Court's 1964 decision in "New York Times Co. v. Sullivan." Reviews "New York Times" and…

School reformers have been calling for reductions in the size of large urban districts. A statutory approach to devolution is available in many states: citizens petition the appropriate government authority for district reorganization, or detachment, from the school district in which they are located. Illinois law and court decisions are used to…

The potential for wrongful discharge of an employee based on false accusations has increased. Suggests guidelines for policies and procedures of district investigations if stigmatizing accusations against an employee could ruin a career even if they are found to be false. Reviews two recent cases. Suggests possible nonjudicial remedies available…

As school-based decision making continues to be a popular governance option throughout the country, the recent decision of the Supreme Court of Kentucky in "Bushee," upholding the power and autonomy of school councils in relation to school boards, may act as a bellwether to other locations. (119 footnotes) (MLF)

Every state constitution, except that of Mississippi, has a provision for free public education. Explores the differences and similarities in language between the education clauses, the interpretation of education-clause language in school-finance litigation from 1973 to 1992, and how the differences in language might affect the outcome of future…

In July 1993, the Michigan legislature did away with the local property tax as a source of operating revenue for the public schools. Analyzes the implications of Michigan's school finance and education reform for fiscal equity, with particular emphasis on constitutional guarantees, equal protection of the laws, and educational quality. (112…