Free speech jurisprudence is caught between crediting the First Amendment rights of students when they resemble adults or restricting such rights when students seemingly act as children. In "Morse v. Frederick" (2007), the Supreme Court ruled against Joseph Frederick and his "Bong Hits 4 Jesus" banner because Frederick's speech…

The purpose of this study was to determine the effects of "Morse v. Frederick" on student speech in K-12 public schools. Cases meeting the research criteria were selected from federal court districts. Those cases were briefed and analyzed. The results of the research were used to develop findings that were placed into four categories:…

Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent…

Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

This case illustrates why future school leaders must be prepared to handle complex legal and political issues that commonly arise in school districts today. We discuss a long-standing and unresolved legal battle between a Hasidic Jewish community and the public school district in East Ramapo, New York. In particular, we examine the difficulties…

A small community in southwest Michigan has been witness to a significant cultural divide within its school system. An influential church has permeated school leadership and in many cases has overstepped the proverbial "wall separating church and state." A fairly high-profile case saw the Sixth Circuit Court enjoin the district to remove…

Student speech has and continues to be a contested issue in schools. The Supreme Court ruled in "Tinker" that students do not shed their rights at the schoolhouse gate; in the "Kuhlmeier" and "Fraser" decisions, however, the Court gave school officials greater latitude in regulating student speech, especially when it…

This paper describes the struggles of a teacher educator to acknowledge and honor her own liberal bias along with her students' more conservative perspectives as these emerge in an education law class for preservice teachers. It illustrates the author's ongoing transition from rationalization to reflection, as she considers both her students'…

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

The Internet age has led to a different kind of teen bullying: cyberbullying. What is cyberbullying and what can teens do about it? In "Teen Cyberbullying Investigated," Judge Tom Jacobs presents a powerful collection of landmark court cases involving teens and charges of cyberbullying and cyberharassment. This riveting, informative guide will…

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

What is the scope of First Amendment free expression rights of public school employees and students? Following a long period with no Supreme Court rulings pertaining to public employee or student speech, the Court since 2006 has delivered significant opinions in this regard. These decisions continue the trend of narrowing the circumstances under…

The Internet is a valuable educational tool being utilized in many classrooms today. However, Internet and computer policies restrict and limit how the Internet and computer can be used in a school. An Internet and computer policy typically limits students to use the Internet and computer for educational purposes. If a student violates this policy…

The United States Supreme Court has established the "actual malice" rule for libel suits brought by public officials, public figures, and private citizens involved in matters of public or general concern. To recover damages, such plaintiffs must plead and prove that a defamatory statement of fact or opinion was made with actual malice,…