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Schimmel, David – West's Education Law Reporter, 1988
The issue of religious freedom and school curriculum confronted by the federal courts in the case of "Mozert v. Hawkins County Board of Education" has led four federal judges to analyze the facts and issues in four different ways. Summarizes and analyzes the opinions and the implications for educational administration. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Policy
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Hartmeister, Fred – West's Education Law Reporter, 1990
Begins with a brief review of scientific research on adverse health consequences caused by smoking, then examines the school district role in balancing competing interests of smokers and nonsmokers. States that school districts have a financial and moral obligation to reduce potential health risks and legal liabilities (148 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Health Education
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McCarthy, Martha M. – West's Education Law Reporter, 1991
More than 500 school districts currently operate under court-ordered desegregation mandates. Provides an overview of desegregation litigation and cites recent developments that may portend the end of judicial oversight for a number of school districts. (48 references) (MLF)
Descriptors: Board of Education Policy, Compliance (Legal), Desegregation Litigation, Elementary Secondary Education
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Popovich, Peter S.; Leary, Bryan J. – West's Education Law Reporter, 1991
In "Dokmo v. Independent School District No.11, Anoka-Hennepin," a teacher brought a declaratory judgment in district court challenging the school board's refusal to reinstate the teacher. The Minnesota Supreme Court ruled that a writ of certiorari is the proper procedure for challenging a school board's decision, thus preserving the…
Descriptors: Board of Education Policy, Court Litigation, Court Role, Decision Making
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Tatel, David S.; Mincberg, Elliot M. – West's Education Law Reporter, 1989
Examines questions that continue to be raised by court decisions concerning the Equal Access Act of 1984 regarding the use of school facilities by religious and political groups. Offers some suggestions for school boards and administrators including the need for careful and explicit policies and rules. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Educational Facilities, Extracurricular Activities
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Menacker, Julius – West's Education Law Reporter, 1989
The "U.S. v. Yonkers" federal court decision linked city housing decisions with school board action. The issuance of separate orders for the desegregation of the public schools and public housing provides recognition that segregated schools are not the exclusive responsibility of school boards. (MLF)
Descriptors: Board of Education Policy, City Government, Court Litigation, Elementary Secondary Education
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Sorenson, Gail P. – West's Education Law Reporter, 1988
Two federal courts of appeals each reversed a controversial lower court decision and in the process reaffirmed state control over curriculum policy. Discusses the implications of these cases for the scope and the limits of school board authority over the curriculum. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Policy
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Broadwell, Cathy Allen; Strope, John L., Jr. – West's Education Law Reporter, 1989
Addresses the law as it pertains to Acquired Immune Deficiency Syndrome (AIDS) in public elementary and secondary schools. Section 504 of the Rehabilitation Act of 1973 has been used successfully in the majority of the AIDS cases discussed. (MLF)
Descriptors: Acquired Immune Deficiency Syndrome, Board of Education Policy, Court Litigation, Disabilities
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Delon, Floyd G; Gettings, Greg L. – West's Education Law Reporter, 1987
The Supreme Court's "T.L.O." decision and its application by the lower courts provide school administrators with considerable guidance in dealing with search and seizure situations. A nationwide survey of 238 high school principals indicates the status of search and seizure practices in public secondary schools. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Federal Courts, National Surveys
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Bjorklun, Eugene C. – West's Education Law Reporter, 1990
An examination of the constitutionality of team prayer shows that pregame prayers violate the First Amendment's Establishment Clause, and their use can lead to liability problems for both coaches and school boards. Advises school boards to adopt policies specifically prohibiting team prayers. (MLF)
Descriptors: Athletic Coaches, Athletics, Board of Education Policy, Court Litigation
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Tatel, David S.; Mincberg, Elliot – West's Education Law Reporter, 1989
In the United States Supreme Court ruling "City of Richmond v. J. A. Croson Co.," six separate opinions were issued by the Justices, indicating that the Court remains divided in the scope, rationale, and implication of its affirmative action decision. This commentary explains the Court's decision and provides some guidance to school…
Descriptors: Affirmative Action, Board of Education Policy, Contracts, Court Litigation
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McCarthy, Martha M. – West's Education Law Reporter, 1991
Although the Supreme Court's "Mergens" decision settled the controversy over the constitutionality of the Equal Access Act, the ruling seems to make more ambiguous the definition of a limited open forum for student expression and the legal status of devotional activities. (55 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Facilities
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Fleming, Merle Wilna; Peeler, Ronald L. – West's Education Law Reporter, 1991
The Supreme Court's interpretation of the Equal Access Act in "Mergens" alters the role of school officials in the recognition and functioning of student groups. The views of the justices are summarized followed by issues that may arise if a school decides against, or in favor of, having a limited open forum. (101 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Court Role, Curriculum
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Fossey, Richard – West's Education Law Reporter, 1991
A guide to child abuse investigations reviews the following: theories of liability; legal responsibility to report child abuse; legal rights of a school employee accused of child abuse; legal problems that could arise if a school district enters into a secret settlement agreement; insurance concerns; and ways to interact with the press, the…
Descriptors: Administrator Responsibility, Board of Education Policy, Child Abuse, Compliance (Legal)