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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
Peer reviewed Peer reviewed
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
Peer reviewed Peer reviewed
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
Peer reviewed Peer reviewed
Phay, Robert E.; Winslow, Edward C. – School Law Bulletin, 1974
The only way to cope with the plethora of federal and State laws and regulations is to collect and categorize it in a systematic way and to integrate it with carefully developed local board policies and regulations on the major areas of school operation. Outlines a procedure for doing that job. (Author/JF)
Descriptors: Administrator Guides, Board of Education Policy, Boards of Education, Codification
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
Peer reviewed Peer reviewed
Phay, Robert E. – School Law Bulletin, 1982
An examination of the major Supreme Court cases affecting schools from 1970 through the recent 1981 term shows how the Court since 1969 has moved to a more conservative interpretation and application of due process to the public schools. Most of the cases concern either student discipline or teacher termination. (Author/MLF)
Descriptors: Classroom Techniques, Court Litigation, Discipline, Due Process
Phay, Robert E. – 1985
This chapter discusses the question, To what degree is the school board limited by the requirement that it not be arbitrary or capricious in deciding not to renew a probationary teacher? When teachers have been notified that their employment contracts will not be renewed, they are responsible for initiating a review of the decision. If the school…
Descriptors: Board of Education Policy, Contracts, Court Litigation, Due Process
Phay, Robert E. – 1972
This speech, a transcript from the tape of the original presentation at a session of the School Law Conference held at the University of Tennessee reviews recent and pending court decisions in three active areas of School Law; school finance, school desegregation, and student rights, with an emphasis on the issues encompassing the latter. The…
Descriptors: Court Litigation, Discipline, Due Process, Educational Finance
Peer reviewed Peer reviewed
Phay, Robert E. – School Law Bulletin, 1982
The civil service standard that is the basis for most public school employment decisions conflicts with the assumption of tenure statutes that no teacher should be reappointed or given tenure if a better teacher can be hired. Schools have a legal responsibility to hire the best available teacher. (Author/MLF)
Descriptors: Beginning Teachers, Board of Education Policy, Court Litigation, Elementary Secondary Education
Phay, Robert E.; Rogister, George T., Jr. – 1975
Although the Federal courts have not yet decided any cases involving search and seizure of student's property, various State courts have ruled that the Fourth Amendment protects students from "unreasonable" searches by school officials. However, the courts have generally applied a less stringent standard in justifying searches by school…
Descriptors: Administrative Policy, Civil Liberties, Court Litigation, Due Process
Phay, Robert E. – 1977
This state-of-the-knowledge paper, a companion to the author's 1975 monograph on a similar topic, examines the legal ramifications of student suspension, expulsion, and search and seizure of students' property. The author reviews relevant court litigation and state laws pertaining to specific rules on student conduct, the procedures to follow in…
Descriptors: Court Litigation, Discipline Policy, Due Process, Elementary Secondary Education
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