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Schimmel, David; Militello, Matthew – Principal Leadership, 2008
Principals are the chief teachers of law in their schools. However, many principals would say that teaching law is not in their job description and that they do not need another responsibility, but intentional or not, most principals already teach law--in staff meetings; in teacher conferences; in informal conversations; and when they develop,…
Descriptors: Principals, School Law, Administrators, National Surveys
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Militello, Matthew; Schimmel, David; Eberwein, H. Jake – NASSP Bulletin, 2009
The purpose of this national survey is to determine secondary school principals' knowledge of the rights of students and teachers, how often principals are legally threatened and sued, how they adjust their behaviors in response, and how they obtain and disseminate legal information. Survey results show that a majority of principals are uninformed…
Descriptors: High Schools, Principals, Knowledge Level, Legal Responsibility
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Militello, Matthew; Schimmel, David – Action in Teacher Education, 2008
This article examines how preservice and in-service teachers can be prepared to understand and implement school law. First, we report on research findings about what teachers know, do not know, and want to know about education law and where they get their information. Second, we identify the current norms, practices, and implications of preservice…
Descriptors: Preservice Teachers, Inservice Teacher Education, Knowledge Level, School Law
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Schimmel, David; Militello, Matthew – Harvard Educational Review, 2007
In this article, David Schimmel and Matthew Militello document the legal knowledge and training of teachers based on a survey of more than thirteen hundred K-12 respondents in seventeen states. The findings from this study suggest that most educators (1) are uninformed or misinformed about student and teacher rights; (2) have taken no course in…
Descriptors: Teacher Rights, Elementary Secondary Education, School Law, Teacher Certification
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Schimmel, David – West's Education Law Reporter, 1988
In "Hazelwood School District v. Kuhlmeier," the Supreme Court ruled that school authorities could control a student newspaper. This article summarizes the facts surrounding "Hazelwood," and outlines the lower court decisions, the conflicting views of the Court justices, the questions it leaves unresolved, and its implications…
Descriptors: Censorship, Court Litigation, Federal Courts, High Schools
Schimmel, David – Phi Delta Kappan, 1972
Discusses the implications of the recent U.S. Supreme Court decision, Pickering vs Board of Education, which reaffirmed teachers' right to freedom of speech in certain circumstances. (JF)
Descriptors: Activism, Boards of Education, Court Litigation, Freedom of Speech
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Schimmel, David – Social Education, 1975
Four court cases which expanded freedom of expression in public schools and suggestions for reducing the gap between law and practice in the schools are provided in order to stimulate teachers to shoulder their responsibilities in upholding the principles of the Bill of Rights. (Author/DE)
Descriptors: Academic Freedom, Censorship, Civil Liberties, Court Litigation
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Schimmel, David – West's Education Law Reporter, 1988
The issue of religious freedom and school curriculum confronted by the federal courts in the case of "Mozert v. Hawkins County Board of Education" has led four federal judges to analyze the facts and issues in four different ways. Summarizes and analyzes the opinions and the implications for educational administration. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Policy
Schimmel, David – Wests's Education Law Quarterly, 1993
In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…
Descriptors: Court Judges, Court Litigation, Elementary Secondary Education, Federal Courts
Schimmel, David; Fisher, Louis – 1987
This book explores parents' legal rights concerning their children's elementary and secondary education. Besides certain constitutional rights (including parents' right to direct their children's education), parents and students have been granted various rights under state and federal statutes. This book aims to demystify the law and provide…
Descriptors: Due Process, Elementary Secondary Education, Parent Rights, Parent School Relationship
Schimmel, David – Wests's Education Law Quarterly, 1993
Outlines the facts of the Supreme Court 5-4 decision in "Lee" that graduation prayers violated the Establishment Clause of the First Amendment. Summarizes opinions of Justices Kennedy, Scalia, Souter, and Blackmun. Discusses some of the legal, educational, and policy implications of the conflicting opinions. (33 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Court Judges, Court Litigation, Elementary Secondary Education
Schimmel, David – West's Education Law Quarterly, 1995
In "Kiryas Joel," a sharply divided Supreme Court ruled that a New York law establishing a separate school district for a group of Orthodox Hasidic Jews was unconstitutional. Outlines the unusual facts in "Kiryas Joel" and summarizes Justice Souter's opinion of the Court, Justice Scalia's detailed dissent, and the four diverse…
Descriptors: Court Judges, Court Litigation, Court Role, Elementary Secondary Education
Schimmel, David – West's Education Law Quarterly, 1996
"Rosenberger" prohibits public colleges and universities from discriminating against religious viewpoints in their allocation of student activities funds that are equally available to other groups. The Supreme Court decision also extends the range of facilities equally available to student religious organizations for free-speech…
Descriptors: Court Doctrine, Federal Courts, Fees, Freedom of Speech
Schimmel, David; Fischer, Louis – 1975
This book is intended to help students, teachers, administrators, and parents become more aware of students' legal rights and more sensitive to arguments on both sides of current civil rights controversies. The authors attempt, whenever possible, to translate legal jargon into language more readily understood by laymen, and they rely primarily on…
Descriptors: Civil Liberties, Civil Rights, Court Litigation, Dress Codes
Fischer, Louis; Schimmel, David; Stellman, Leslie – 2003
This book is about teachers and the laws that affect them. New to this sixth edition are new court cases and a chapter that highlights likely controversies in the coming years, including school choice, high-stakes testing, control of the Internet, and gang clothing. The book is divided into two parts. Part I, "The Legal Aspects of Teaching,"…
Descriptors: Academic Freedom, Collective Bargaining, Contract Salaries, Copyrights