Since the late 1980s, state court judges in over twenty states, deriving their authority from the education clauses of their respective state constitutions, have struck down school finance systems as not "adequate." Pointing to evidence of unacceptable student achievement outcomes, especially among poor and disadvantaged students,…

To explore the relationship between teachers' knowledge of school law and their involvement in litigation, this study examined cases between 2000 and 2008 involving teachers who faced some adverse employment consequence. A total of 130 published cases were analyzed revealing the following: School districts and other school authorities prevail in…

A Texas court's recent ruling that allowed a negligence lawsuit to proceed against 12 former administrators at Texas A&M University has some higher-education legal experts concerned about campus officials' liability in a variety of situations, including fraternity initiations, housing accidents, and student suicides. The decision was in favor…

This report examines the problem of school facility disparities in Michigan and the prospects of litigation to address this problem. First, the authors briefly review evidence of the important impact of school facilities on students, teachers, and communities. They then provide an overview of litigation aimed at state school finance systems across…

Allowing public funds to be used for tuition and other expenses in private schools through a voucher system has been the source of debate in legislative and educational forums for almost half a century, but only recently have school vouchers become a serious school reform strategy. This article provides a brief overview of the voucher plans…

Merit pay is now in the midst of a renaissance. Hundreds of school districts are experimenting with some type of performance-based pay system. At least six states have statewide or pilot programs, and the federal government has spent close to $100 million on the Teacher Incentive Fund. Whether such programs will last, encourage the start of…

Over the last 3 decades student achievement has remained essentially unchanged in the United States, but not for a lack of spending. Over the same period a myriad of education reforms have been suggested and per-pupil spending has more than doubled. Since the 1990s the education reform attempts have frequently included judicial decisions to revise…

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…

John Kenneth Galbraith proposed a test for the "good society" that deals directly with the financing of education. The Arizona Constitution may require that the legislature establish and maintain a "general and uniform" public school system, but, as the author argues in this article, the chronicle of the school funding cases in…

In November 2002, Chief Judge Judith Kaye attended the National Adoption Day festivities in Albany County and New York County (Manhattan). Although pleased that 600 adoptions were being finalized statewide on this special day, she was concerned to learn more than 6,000 other children were free for adoption but had not yet found permanent families.…

This article examines the application of First Amendment principles to web sites that were created by students. Schools sometimes attempt to regulate the speech of students on such web sites by imposing disciplinary sanctions on the students who create the sites. The ability of schools to take such action depends on the interplay of a variety of…

Review of the literature on transfer of learning or training since 1990 reveals a vast number of articles. However, when it comes to the ways professionals transfer learning to their practice, the research is limited. This led us to study a professional group, state court judges, to see how they integrate learning into their practice. Our study…

The U.S. Supreme Court has agreed to step into one of the most contentious and costly areas of special education law by accepting a case involving a parent's efforts to seek public reimbursement for a private school placement of his child. In this article, the author talks about the case entitled, "New York City Board of Education vs. Tom…

Describes how a group of middle-school students in Walled Lake, Michigan, collaborated with a Web development firm and the county information technology department to build a district court Web site (www.52-1districtcourt.com) to provide community access to legal information. Includes such features as a virtual tour of the court, "Ask the…

Since the 1970s, proponents of greater spending in disadvantaged school districts have pursued their goal through litigation in state courts. They have brought suits in 45 of the 50 states. These suits began with claims of equity, which sought to redistribute revenues from rich to poor districts. Disappointed with the results, within a decade the…