Virtually every state has a stature entitling public access to meetings of governing bodies, including school boards. The exchange of information between the district and the public is governed by a variety of statutes. These statutes reflect a policy whereby the business of school boards is to be transparent and exposed to public scrutiny. Three…

In this article we explore the increasing complexity of plagiarism litigation in the USA and Australia. Plagiarism has always been a serious academic issue and academic staff and students have wrestled with its definition and appropriate penalties for some time. However, the advent of the Internet and more freely accessible information resources,…

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…

Discusses "Owasso Independent School District v. Falvo," wherein a unanimous Supreme Court held that the Oklahoma school board did not violate the Family Educational Rights and Privacy Act by allowing teachers to use students to grade the papers of their classmates. Includes a legal analysis of the Court's opinion and implications for…

Provides brief overview of the legal history of vouchers in the United States; examines the controversy surrounding the Cleveland voucher program that culminated in the Supreme Court's 2002 decision in "Zelman v. Simmons-Harris"; reflects on the meaning of "Zelman" for school business officials and other educational leaders.…

The Supreme Court decision in "Smith II" found two Native Americans, discharged from their jobs for using peyote as part of the sacramental service in their Native American Church, ineligible for unemployment compensation benefits. Examines how the decision has had an immediate and profound effect on judicial interpretation of free…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

Provides an update on the legal interface between desegregation and urban schools, describing school desegregation and noting the impact on urban education of Missouri v. Jenkins, a 23-year odyssey through the federal courts. Highlights the cost of desegregating the Kansas City (Missouri) public schools and the implementation of court-ordered…

Public and nonpublic higher education institutions differ in the manner in which an allegedly aggrieved party can seek redress. Discusses relevant cases concerning constitutional standards, contractual problems, and damage to reputation. (124 references) (MLF)

In "Elk Grove Unified School District v Newdow" ("Elk Grove"), the Supreme Court, in an 8-0 judgment, with three concurrences, upheld the words "under God" in the Pledge of Allegiance. In light of the uproar caused by "Elk Grove", this article is divided into three parts. After reviewing the history of the Pledge the second section examines the…

Reviews contemporary court cases to show that free exercise claims are religious and therefore unenforceable under the Establishment Clause's "Lemon" test prohibiting religious activities in public schools. Discuses inadequacies in judicial perception involving compelling interest, a pattern of anti-theistic decisions, and lesser…

Reviews safety considerations, district responsibilities, and court litigation related to pupil transportation. Highlights litigious issues involving selection of bus stops, driver responsibilities when transporting and disembarking students, and school bus safety requirements. School districts lacking medical emergency and disruptive behavior…

Discusses Section 1983 of the Civil Rights Act of 1871, focusing on "Gonzaga University v. Doe" (2001). Reviews the Supreme Court's decision, analyzes the decision as it applies to federal statutes such as the Individuals with Disabilities Education Act, and discusses future implications of the decision. (Contains 91 endnotes.) (WFA)

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

In light of certain legal paradoxes following the 1954 "Brown versus Board of Education" Supreme Court decision, this article reflects on developments relating to desegregation, individuals with disabilities, and women. Unfortunately, schools are becoming more segregated, disabled individuals' employment picture remains dismal, and women…