Discusses the minimum competency testing movement and the unresolved issues concerning it. Indicates that until the issues are settled, there will continue to be controversy and legal activity. (JOW)

The article addresses 10 questions that should receive thoughtful consideration prior to initiating a competency testing program for handicapped students. (Author)

Traces the legal arguments and decisions in "Smith vs. Robinson," which resulted in a U.S. Supreme Court decision disallowing the award of attorney's fees to successful plaintiffs claiming rights under the Education for All Handicapped Children Act. Notes implications of and reactions to the Supreme Court decision. (PGD)

Since the Supreme Court's 1992 "Lee v. Weisman" decision, holding that the First Amendment's establishment clause precluded school-sponsored graduation prayers, school officials have struggled to avoid lawsuits while satisfying community preferences. Efforts to circumvent this decision have resulted in "noncoercive"…

This chapter provides an analysis of seniority rights under Title VII of the Civil Rights Act of 1964, which bars discrimination in employment. Two legal theories have arisen in assessing Title VII claims: discriminatory treatment, in which the burden of proof of discriminatory intent lies with the plaintiff, and discriminatory impact of neutral…

Concerns over students' and staff members' safety in public schools continue to mount-- manifested in zero-tolerance policies, stringent disciplinary practices, and efforts to implement drug-screening programs. Although "reasonable suspicion" for searches and drug testing is the watchword, courts cannot agree on definitions. Legalities…

The U.S. Supreme Court through its interpretation of the First Amendment Establishment Clause may ultimately determine whether state-funded voucher proposals are widely adopted. This paper overviews changes in Establishment-Clause doctrine, reviews relevant litigation, and explores potential implications of recent legal developments. (Contains 80…

During the past two decades legislatures and courts have reshaped public educational policy. The increasing public awareness of the role of law in all aspects of society and the growing complexity of the educational enterprises have catapulted teachers into litigation to an unprecedented degree. As this trend shows no signs of diminishing in the…

This policy paper focuses on religious challenges to the public school curriculum, specifically those involving claims that public schools are prompting "secular humanism"--an allegedly antitheistic creed that places human reason above divine guidance. While some courts have recognized that "secular humanism" may be considered…

Litigation is discussed in which courts have established principles of law governing student academic assessments relating to course grades, admission to degree programs, and expulsion from programs for academic deficiencies and whether these academic decisions impair student's constitutional and/or contractual rights. (MSE)

Focusing on current legal issues in church, state, and school relations, this book examines four critical areas in the controversies surrounding the respective rights of public education and religious education; it then addresses the issues of state aid to and governmental regulation of parochial schools. Court opinions about religious observances…

An overview is presented of litigation in which courts have interpreted educational employees' rights to nondiscriminatory treatment and employers' obligations to ensure equal employment opportunities. Because of the range, volume, and complexity of the litigation in this area, the intent is to identify applicable legal principles rather than to…

Schools are legally obligated to protect students from injury, report child abuse, and curtail harassment and hate crimes. Educators' duties to maintain safe school environments often conflict with students' constitutionally protected rights governing expression, appearance, unreasonable searches, and due process regarding zero-tolerance policies…