A suit was filed in 1972 in California by an 18 year old high school graduate who asserted that he remained functionally illiterate after 13 years of regular attendance in the San Francisco public schools. Claiming personal injury as a consequence of the failure of school professionals to exercise reasonable care in the discharge of their duties,…

The legal situation of a college being sued by a group of students following elimination of a graduate program is outlined and analyzed in terms of other related court litigation, the possible directions of the case, and the college's possible legal defenses. (MSE)

Few claims for negligence or misrepresentation against higher education have been sustained, but several important cases in lower education have provided a framework for future litigation. It is noted that the students ultimately lost, but educators should not be lulled. The development of a new tort such as educational malpractice takes years.…

The first student consumer lawsuit against a university tried to a conclusion is examined in terms of the court proceedings. Focus is on the legal philosophies presented by both sides and the legal and educational underpinnings by the judge that influenced him not to allow the case to go to the jury and allowed him to award a directed verdict to…

In view of the dramatic increase in the numbers of laws and lawsuits since the 1960s, teachers must become aware of the privacy considerations and potential legal problems that may arise when writing a letter of recommendation or giving a verbal reference. They should become familiar with present common law doctrine and recent legislation…

The quality of education being offered by institutions of higher education is being questioned. Trends toward educational quality are evident by court cases that are cited; the issue has been school finance. The equal protection clause of the Constitution has been extended to apply to several areas through the idea of "fundamental rights." The…

A summary is presented of some of the ways that judicial decisions and laws have an impact on higher education and on public education. The sources of legal obligation that impose duties and responsibilities on teachers are discussed. These are: common law, contractual obligations, state laws, and federal laws. The legal definitions are given of…

Most state legislatures have either passed or taken under consideration for passage some minimum competency testing program. However, it is not clear that these legislative efforts will result in implementation programs that fulfill legislative intent. Throughout the United States legal challenges from students adversely affected by testing…

This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and…

Addressing often neglected broad issues, rather than the pragmatics of test development and administration, this Conference on Minimum Competency Achievement Testing was organized around six topics: (1) social and philosophical roots, uniqueness among testing movements, and policy issues; (2) legal, curricular, and social-demographic consequences;…