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Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1983
A superintendent's decision to stop presentation of a high school play was upheld by the court over a challenge that the students' First Amendment right of expression had been unconstitutionally abridged. The case has implications for other cases involving student First Amendment claims. (MLF)
Descriptors: Court Litigation, Drama, Federal Courts, Freedom of Speech

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1986
The judicial trend is against according broad First Amendment protection for teacher grievants. Administrators who do not support legitimate labor activity, however, may experience teacher retaliation. (CJH)
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Grievance Procedures
Zirkel, Perry A.; Gluckman, Ivan B. – Principal, 1985
Two cases illustrate some of the recent issues and decisions on the dismissal of school principals. Principals are cautioned that courts tend to defer to the judgment of school boards, particularly on matters within the members' area of expertise or authority. (MLF)
Descriptors: Administrator Evaluation, Board Administrator Relationship, Court Litigation, Dismissal (Personnel)
Zirkel, Perry A.; Gluckman, Ivan B. – Principal, 1982
In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Religion

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1985
Discusses current trends in court assessments of school rules that specify discipline for possession or use of proscribed substances or articles. (MCG)
Descriptors: Court Litigation, Discipline Policy, Drug Use, Elementary Secondary Education

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1988
Section 1983 of the U.S. Constitution provides individuals (including students) with the right to sue persons (including principals) acting "under color of law" for damages incurred in violation of their federal rights. This article examines two corporal punishment cases involving elementary school students involving possible due process…
Descriptors: Administrator Responsibility, Constitutional Law, Corporal Punishment, Due Process

Gluckman, Ivan B. – NASSP Bulletin, 1985
An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…
Descriptors: Constitutional Law, Court Litigation, Discipline, Discipline Policy

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1984
Liability in cases involving students injured off school property generally hinges on whether districts fail to exercise due care in supervising students while on school premises. Typical activities that may occasion liability for negligence and possible defenses are listed. (MJL)
Descriptors: Accidents, Court Litigation, Educational Administration, Elementary Secondary Education
Zirkel, Perry A.; Gluckman, Ivan B. – Principal, 1996
Updates a 1993 article describing two successful full-inclusion cases involving disabled students. In a 1994 case, a disruptive junior high student with Attention Deficit Hyperactivity Disorder and Tourette Syndrome was placed temporarily in an off-campus, self-contained program. The Ninth Circuit Court affirmed the trial court's decision…
Descriptors: Attention Deficit Disorders, Behavior Problems, Court Litigation, Disabilities

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1987
Two cases illustrate the recent trend toward testing school employees for drugs and suggest the emerging legal limits on such testing. Four questions are answered concerning court interpretations of statutory and constitutional issues related to drug testing for both personnel and students. (PGD)
Descriptors: Civil Liberties, Court Litigation, Drug Abuse, Elementary Secondary Education

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1984
Silent meditation in the schools has been rejected in recent court decisions, including "May vs. Cooperman," which held unconstitutional a New Jersey statute providing for a one-minute period of silence to be used at the discretion of the student. School administrators may be held liable for participating in such practices. (MJL)
Descriptors: Court Litigation, Educational Administration, Elementary Secondary Education, Legal Responsibility
Zirkel, Perry A.; Gluckman, Ivan B. – Principal, 1996
A Florida student suicide case alleging administrative and school board negligence had mixed results. School officials must be vigilant about the possibility of student suicide and put appropriate procedures into place. The connections to school may include confidential communications, curricular linkages (educational films and student journals),…
Descriptors: Administrator Responsibility, Court Litigation, Intermediate Grades, Legal Problems
Zirkel, Perry A.; Gluckman, Ivan B. – Principal, 1997
In an era promulgating "zero tolerance" of school violence, courts are giving considerable latitude to school officials in administering student discipline. The vast majority of student due process claims arising from suspensions and expulsions, including a recent marijuana possession case in Alabama, have failed in recent years. The…
Descriptors: Court Litigation, Disabilities, Discipline, Due Process
Gluckman, Ivan B. – NOLPE School Law Journal, 1976
Descriptors: Affirmative Action, Court Litigation, Educational Discrimination, Elementary Secondary Education

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1986
Federal courts upheld the rights of two school boards to cancel planned student plays. One play was intended as part of a secondary school's curriculum and the other was an extracurricular activity for third graders. Both plays contained controversial material. (PGD)
Descriptors: Board of Education Role, Controversial Issues (Course Content), Court Litigation, Dramatics
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