Discusses recent court cases that illustrate situations wherein exhaustion of administrative or State court remedies must be effected before plaintiffs can resort to Federal Courts. (JF)

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

The late 1960's have seen teachers and students gain rights in school that they had not had before. No longer can the administrator and the school board act as their own lawyer. (Author/WM)

A judicial decision on issues raised by state diploma denial found that competency testing of Florida's high school students as a graduation requirement violated due process by not providing students with adequate notice. The court prescribed some degree of curricular validity to determine whether the test covered materials actually taught.…

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

In "Bethel," the Supreme Court essentially extended the reach of the ordinary discipline code to serve objectives that are part of the perceived educational mission. Citizenship of students is as important to the education process as academic concerns, according to recent decisions. (seven references) (MLF)

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)

A student athlete died after the first day of football practice in Texas. His parents brought suit (Roventini v. Pasadena Independent School District) for monetary damages in federal district court contending that the defendants violated the student's rights. Presents the judge's analysis of the legal issues. Advises board members and…

Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

The author traces the history of the applicability to students of the Fourth Amendment, which defines search and seizure of person or property to be illegal without a valid search warrant supported by probable cause. Various court decisions have affirmed students' constitutional rights, but Louisiana is the only state that has held, in a decision,…

This paper offers administrators, teachers, and school boards an introduction to legal issues surrounding teacher dismissal and school desegregation and summarizes a study of all teacher dismissal cases heard from 1970 through 1981 in the Fifth Circuit Court of Appeals. Most of the report is devoted to an overview of the historical development of…

The Individuals with Disabilities Education Act of 1990 stresses procedural safeguards regarding special education identification, placement, or services. Reviewed a sample of Illinois due process appeal decisions and concluded that the system appears to be serving Illinois educators and parents reasonably well. (20 references) (MLF)

A majority of federal courts have dismissed lawsuits involving children injured at school and have held that the Constitution does not mandate that affirmative steps should be taken to protect a child. Deals with both the legal and practical issues involved with such a decision. Argues that public school officials have an affirmative…