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Phay, Robert E.; Rogister, George T., Jr. – School Law Bulletin, 1975
Court decisions show that school officials must protect the freedoms guaranteed students by the U. S. Constitution, including the right to distribute unpopular literature excluding material that is obscene or libelous, or that contains fighting words or promotes lawless action. (Available from the Institute of Government, University of North…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Educational Administration
Phay, Robert E. – 1978
This chapter's discussion of student discipline stresses a student's right to due process when he or she is faced with suspension or expulsion from school. To determine procedural requirements, the paper states, a school must examine both the statutes of the state and the requirements imposed by state and federal constitutions. The major topic of…
Descriptors: Administrators, Corporal Punishment, Court Litigation, Discipline
Phay, Robert E. – Nation's Schools, 1974
Schoolmen who lose suits brought against them under the rediscovered Civil Rights Act of 1871 must dig into their own pockets to pay damages. Describes insurance that can be obtained for protection. (Author/DN)
Descriptors: Administrator Responsibility, Administrators, Court Litigation, Educational Legislation

Phay, Robert E. – School Law Bulletin, 1979
The Supreme Court has now made clear that, in covered states, school governing boards may not require employees to take a leave of absence while campaigning for public office unless they clear such policy with the District Court for the District of Columbia or the U.S. Attorney General. (Author/IRT)
Descriptors: Boards of Education, Court Litigation, Elementary Secondary Education, Federal Legislation
Phay, Robert E. – 1975
Student protest and misconduct have frequently resulted in the suspension or expulsion of a student. This monograph examines the school's authority to suspend or expel a student, with the purpose of determining when such an action is permissible and when it is prohibited because it infringes on a student's constitutional and, sometimes, statutory…
Descriptors: Board of Education Policy, Civil Liberties, Court Litigation, Discipline

Phay, Robert E. – School Law Bulletin, 1980
Reviews the major legal issues that will confront an educational governing board when it lays off an employee. (Author/IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Higher Education, Job Layoff
Phay, Robert E.; Rogister, George T., Jr. – NOLPE School Law Journal, 1974
Reviews the legal grounds on which school officials may limit or prohibit the distribution of printed material on school premises and examines the legal issues involved in school regulations requiring prior approval of written materials before they may be distributed. (JG)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Freedom of Speech

Phay, Robert E. – School Law Bulletin, 1979
Reviews Second Circuit Court of Appeals decision upholding right of school boards to adopt "reasonable" regulations governing teacher dress or hairstyle. Case offers the most exhaustive judicial examination of the issue to date. (Author/PKP)
Descriptors: Constitutional Law, Court Litigation, Dress Codes, Elementary Secondary Education

Rogister, George T.; Phay, Robert E. – School Law Bulletin, 1976
(Available from Publications Clerk, Institute of Government, University of North Carolina, P.O. Box 990, Chapel Hill, NC 27514; $4.00 annually)
Descriptors: Court Litigation, Discipline, Expulsion, Extracurricular Activities

Phay, Robert E.; Rogister, George T., Jr. – Journal of Law and Education, 1976
Discusses how the constitutional prohibition of unreasonable search and seizure applies to searches of students and their property by school officials, as indicated by recent court decisions. Most of the cases examined were decided by state courts, since federal courts have not generally been involved in this area. (JG)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, School Law

Phay, Robert E. – School Law Bulletin, 1980
Reviews the major procedural issues that have been litigated when an employee has challenged a layoff. These areas include timely notice, notice of reason, burden of proof, standard of proof, prior hearing, and impartial hearer. (Author/IRT)
Descriptors: Constitutional Law, Court Litigation, Due Process, Elementary Secondary Education

Phay, Robert E.; Winn, Edward L. – School Law Bulletin, 1976
Courts seldom overturn school board punishment of students for drug abuse; in fact, relatively few cases even reach the courts. Problems usually arise from poorly written statutes and board regulations that are either vague or inconsistent with statutory requirements. (JG)
Descriptors: Court Litigation, Discipline Policy, Drug Abuse, Due Process
Phay, Robert E. – Yearbook of School Law, 1972
Reviews 1972 State and Federal court decisions relating to student rights, corporal punishment, sex education, student fees, and pupil transportation. (JF)
Descriptors: Court Litigation, Dress Codes, Due Process, Fees
Phay, Robert E. – 1971
This monograph reviews and analyzes decisions dealing with suspension or expulsion of students by public school authorities. The report focuses on recent court cases that reaffirm, amplify, or extend entrenched constitutional and common law principles undergirding the public educational system in the United States. The author considers the…
Descriptors: Activism, Behavior Problems, Court Litigation, Discipline Policy
Phay, Robert E. – 1971
This paper traces the evolution of student rights and the judicial protection of these rights through numerous court cases. The author outlines the minimum standards of due process required in disciplinary proceedings and discusses cases that point up (1) the required specificity of rules on student conduct, (2) the requirements of notice to…
Descriptors: Activism, Court Litigation, Discipline Policy, Due Process
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