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…

In 1975 Texas revised the state's school admission and funding statute by excluding undocumented children from free attendance in public schools. The impact of litigation and court decisions involving the rights of undocumented children to attend public schools is outlined. The Supreme Court upheld a series of decisions in favor of the plaintiffs.…

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)

Liability in cases involving students injured off school property generally hinges on whether districts fail to exercise due care in supervising students while on school premises. Typical activities that may occasion liability for negligence and possible defenses are listed. (MJL)

This paper examines the practice of search and seizure from a legal perspective. All issues concerning lawful or unlawful search and seizure, whether in a public school or otherwise, are predicated upon the Fourth Amendment to the United States Constitution. The terms "search,""seizure,""probable…

This is the 23rd 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 spot trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

A number of reading specialists are finding themselves testifying in court or writing expert opinions for court cases in such diverse areas as civil rights, criminal law, contracts, warranties, and due process. The validity of readability formulas was tested in the case of David v. Heckler. Another case involved a group of Florida prisoners who…

Home instruction issues involve state laws' implicit or explicit allowance or disallowance of alternative instruction as well as their procedural requirements and their criteria for academic equivalence. Attempts to change laws are being made in Nebraska and Indiana. South Carolina and New Jersey have developed guidelines for home schooling. (RW)

Summarizes previous decisions in New York State courts on "Levittown v. Nyquist," a case challenging the constitutionality of the state's public school finance system. Discusses the recent New York Court of Appeals decision reversing earlier courts and holding that the finance system provides equal protection and is not unconstitutional.…

The origin of the "public purpose" requirement in North Carolina and the contrary authority exempting property from taxation solely on the basis of state ownership is examined. The North Carolina Supreme Court declared exemptions for "public purposes" unconstitutional. (Available from: Wake Forest University School of Law,…

The West Virginia Supreme Court of Appeals ruled that Governor Rockefeller could not, without compelling factual justification, reduce previously appropriated state education funds. It held that public education had a constitutionally preferred status among state functions. A minority opinion argued that the ruling would impede administrative…

Immoral behavior does not automatically provide the basis for dismissal of a teacher or administrator. There must be a proven causal connection or nexus between the behavior and job performance. (Author/WD)

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

Two state courts have reached opposite conclusions on whether universities must provide health benefits to domestic partners of gay employees. A New Jersey appeals court unanimously ruled that partners of Rutgers University employees do not qualify for family benefits. Also in a unanimous decision in Alaska, the state Supreme Court ruled that the…

Analyzes impact of court-mandated school-finance reform in New Jersey. Finds, for example, that while the state's poorest urban districts have benefited from the reform efforts, systematic inequities inherent in the state's system of school funding have not been addressed. (Contains 21 references.) (PKP)