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Miller, Cody – Democracy & Education, 2023
In this article, I detail how I revised a social foundations of education course to center major Supreme Court cases relating to K-12 public schools. Scholars in social foundations of education have articulated a vision for the field that fosters and promotes democracy and democratic dispositions. Focusing on the Supreme Court in a social…
Descriptors: Court Litigation, Public Schools, Federal Legislation, Elementary Secondary Education
Collins, Hannah – Journal of Negro Education, 2021
In two mid-sized, southern cities, Nashville and Louisville, communities took vastly different approaches to public school desegregation. Where Louisville saw widespread success in fully integrating its schools, Nashville failed. Through qualitative research it is asked, "What are the most compelling explanations for the long-term failure of…
Descriptors: Public Schools, School Desegregation, Educational Change, Whites
Tiffany Frey – ProQuest LLC, 2021
Special education services provided in public schools today are rooted in the Federal Law passed in 1975 known as the Education for all Handicapped Children Act (EAHCA). Since 1975 this law has undergone revisions, now known as the Individuals with Disabilities Education Act (IDEA) but law provided the foundation to guarantee all public-school…
Descriptors: Educational Legislation, Disabilities, Educational Quality, Equal Education
Lhamon, Catherine E.; Rosenfelt, Philip H.; Samuels, Jocelyn – US Department of Justice, 2014
Under Federal law, State and local educational agencies (hereinafter "districts") are required to provide all children with equal access to public education at the elementary and secondary level. Thie Dear Colleague letter was written to remind school districts of the Federal obligation to provide equal educational opportunities to all…
Descriptors: Enrollment, School Districts, Children, Access to Education
Torres, Mario S., Jr. – Journal of School Leadership, 2012
This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…
Descriptors: Cues, Court Litigation, State Courts, Federal Courts
Evans, Teresa Craig – ProQuest LLC, 2010
In recent years, the responsibility for the desegregation of American public schools has transitioned from federal court mandates to school board programs and policies. There is widespread belief that this has resulted in the resegregation of schools across the country. One popular policy that is purported to provide the opportunity for voluntary…
Descriptors: Race, Elementary Schools, Voluntary Desegregation, School Choice
Russo, Charles J. – Education and the Law, 2008
In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…
Descriptors: Constitutional Law, Public Schools, Search and Seizure, Student Rights
Russo, Charles, Ed. – Education Law Association, 2008
The Yearbook of Education Law contains analyses of the previous year's federal and state court decisions that affect private and public elementary and secondary schools and higher education. The Yearbook provides summaries and analyses of relevant state appellate and federal trial and appellate court cases. Contents include: (1) Employees; (2)…
Descriptors: Higher Education, Elementary Secondary Education, Public Schools, Private Schools
Marshall, Joanne M. – School Administrator, 2008
Public schools, since their founding in America in 1647, have reflected the demographic characteristics of the communities in which they are located. Because the United States has, until recently, been mostly Protestant Christian, many schooling practices have built upon the values of this faith. Pupils have sung Christmas songs at Christmas…
Descriptors: Ceremonies, Federal Courts, Constitutional Law, State Church Separation
Wenkart, Ronald D. – West's Education Law Quarterly, 1996
The U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) has stated that school districts must continue to provide services to disabled students after expulsion even when behavior is not related to the child's disability. The OSERS opinion cites no legislative or judicial authority and directly contradicts…
Descriptors: Disabilities, Elementary Secondary Education, Expulsion, Federal Courts
Szeptycki, Leon F.; Arnold, Jean B. – West's Education Law Quarterly, 1994
The Religious Freedom Restoration Act purports to overrule the Supreme Court's decision in "Employment Division v. Smith." Discusses "Smith" and its rejection of the strict scrutiny test in challenges to facially neutral government actions that burden the exercise of religion. Analyzes the possible general effects of the act…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Federal Legislation
Gordon, William M.; Bartz, David E. – West's Education Law Quarterly, 1993
Unitary status in school desegregation occurs when the federal district court dissolves all injunctions and releases the school district from further court supervision. Reviews several lower court decisions of the late l980s and the recent Supreme Court's decisions in "Dowell" and "Pitts." (MLF)
Descriptors: Desegregation Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Epley, B. Glen – NASSP Bulletin, 2007
Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…
Descriptors: Court Litigation, Constitutional Law, Public Schools, State Church Separation

Dratler, Jay, Jr. – Journal of Law and Education, 1990
Argues for a balance of copyright incentives more favorable to education: (1) introduces the dilemma of choice between infringing others' copyrights and observing legal procedure; (2) discusses Congress's accommodation of education under the Copyright Act of 1976; (3) describes a legislative solution; and (4) suggests statutory language for an…
Descriptors: Compliance (Legal), Copyrights, Court Litigation, Federal Courts

Hopkins, W. Wat – West's Education Law Reporter, 1988
Public officials are required to prove actual malice before they can win damages in libel actions. Reviews the Supreme Court's decisions regarding public persons and teachers and lower courts' conflicting rulings that teachers are public officials and that teachers are not public officials. (MLF)
Descriptors: Court Litigation, Federal Courts, Legal Responsibility, Public Officials