This chapter of "Principles of School Business Management" reviews major federal and state court cases dealing with fiscal equalization of state school support programs and summarizes and discusses the major legal issues that were addressed. The major federal cases include "McInnis v. Shapiro,""Burrus v. Wilkerson," and "Van Dusartz v. Hatfield,"…

This chapter traces the litigation in "Rowley," the first case concerning the Education for All Handicapped Children Act (1975) to be considered by the United States Supreme Court. The Court decided that a deaf child, Amy Rowley, was being provided with an educational opportunity that was substantially the same as her classmates';…

In Canada, a teacher is deemed to have tenure after serving a probationary period which varies from one province or territory to another. This chapter explains Canadian law as it relates to the termination of teacher contracts. The Canadian court structure and the means of challenging termination decisions are explained. Technical, procedural, and…

This chapter discusses the issues involved in home education as they relate to state compulsory school attendance laws. The authors first examine the purpose and context of compulsory attendance, then the public or private school alternatives. The statutory and case laws providing for home education are explored and some of the constitutional…

This chapter presents an up-to-date analysis of prevailing state wage laws that affect educational facility construction or renovation and highlights relevant prevailing wage litigation in many states. Currently, 13 states have no prevailing wage laws for public works. The other 37 states and the District of Columbia do have prevailing wage laws…

This fifth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 involving claims of torts (civil wrongs, other than those involving breach of contract) committed by elementary or secondary educational institutions or personnel. Among the topics reviewed are claims of…

Most communication courses and research involving freedom of speech examine issues by reviewing the decisions of the United States Supreme Court and the federal appelate courts. However, the high visibility of the federal courts can lead to a misguided emphasis by students of the history of free speech. Research into the development of present…

Resource materials and learning activities to help secondary students in Kentucky learn about their state's court system are provided. The guide begins by providing a history of the Kentucky Court of Justice. Discussed are the qualification of judges, the Retirement and Removal Commission, the Judicial Nominating Commission, and juries. Background…

Principals and other educators fear litigation over defamation. Defamation means an injury to character or reputation by false, malicious statements, whether by printed words (libel) or by spoken words (slander). To constitute defamation, the words must be actionable, defamatory, refer to the plaintiff, and be communicated to others. If the words…

This report concerns the adequacy and availability of services to linguistic minorities provided by the judiciary in New Jersey. The findings were as follows: (1) court interpreters generally do not possess required skills, knowledge, and training; (2) forms and documents are not translated by professionals, are not equal in quality to their…

In deciding on the constitutionality of a variety of practices involving schools, courts have been increasingly called upon to balance the two First Amendment religious guarantees--that Congress shall not make any laws respecting the establishment nor prohibiting the free exercise of religion. This fifth chapter in a book on school law discusses…

Reviews more than 70 cases written by Minnesota appellate courts since 1982. Six major topics are analyzed: (1) tort liability; (2) compulsory education; (3) open meeting laws and school closings; (4) hiring and firing issues; (5) arbitration; and (6) appeal and damages. Unanswered questions are noted. (MLF)

Washington's State Supreme Court held unconstitutional a secondary school's routine search of the luggage of all students participating in a school-sponsored overnight trip. Such general searches are not permitted, and schools can find other means of ensuring good student discipline. (PGD)

How the law deals with the question of "Should students have rights in school?" is examined. One specific area of possible rights in schools--the question of searches of students by school officials--is discussed in depth. (RM)

Discusses the political controversy over affirmative action discrimination. Broadly outlines three cases in which the Supreme Court has addressed the issue. Analyzes three lower court decisions affirming the validity of affirmative action. Examines research on race and gender role models. (MD)