Until recently, the courts perceived almost no difference in their treatment of public and private schools. Under due process and equal protection clauses of the law, a student's economic investment in his education is protected. The obvious legal concept to invoke to protect economic expectation is contract, so most cases involving student rights…

Although the ultimate objectives of much campus protest are unclear, students generally want to be free of paternalistic university supervision. But they seem to want both academic shelter against the outside community and freedom from control by the university. We must examine the extent to which the university should treat its students as…

This paper examines the reported decisions, one unreported decision, and two Attorney Generals' opinions that deal with school punishment for the use of drugs and alcohol off campus and with suspensions pending criminal charges for student offenses committed off school property. (Author)

This study examined the extent to which the size of school enrollment affects teacher control over discipline. The study was limited to high schools in Texas. Fifty high schools were randomly selected from each of five size classifications. A random sample of 750 Texas public high school teachers were selected for the study (150 from each…

Universities have responded to disruptive disturbances and to the underlying student unrest in various ways. Internal disciplinary actions, the use of police or national guard, the use of court injunctions and criminal prosecutions have been used by various institutions at different times. The purpose of this report is to develop principles and…

This monograph is an update, revision, and extension of an earlier publication entitled: The Legal Aspects of Student Discipline in Higher Education (see ED 036 246). This report includes the new rulings that have been handed down since the publication of the earlier version, and some additional sections. Discussed in this report are: (1) the…

Before one can discuss student regulations and discipline in a university, it is important to recognize that the university is a community because the principles of learning require a community context. "Community" should therefore be the primary reality and symbol around which to develop regulations and disciplinary strategy. Laws and rules are…

Institutions of higher education have long stood in loco parentis to their students. This concept is now widely challenged. This paper examines the evolution of the concept and discusses 29 court cases, beginning with a case heard in a Maine court in 1847. The evidence indicates that the future of the concept is unpredictable. Procedural due…

A group of university presidents and other administrative officials met in July, 1968 to discuss the problem of crime and disorder in the US. There was an expressed need for background information that would be helpful to officials at institutions of higher education who want to develop, reexamine, or redefine a code of student conduct. This…

The briefs of selected court cases affecting student dissent and discipline in higher education presented in this report are divided in the following sections: (1) relationship between students and the institution, including contractual theory and in loco parentis; (2) relationship between the courts and education, including cases involving…

This bibliography provides a listing of 56 books, 254 articles, and 20 theses that represent material published between 1961 and 1971. (JF)

The purpose of this handbook is to stimulate thought, planning, and action. Although few of the alternatives outlined here are "canned" techniques that can be readily applied, the experiences and techniques reported should stimulate the thinking of school officials and citizens so that efforts can be initiated to develop and put into…

The author of this paper maintains that corporal punishment is a desirable alternative to permanent suspension (expulsion) in cases involving unmanageable students. There are restrictions that must be placed on the use of corporal punishment so that it is a beneficial and not a destructive force. No physical harm should be done to students. The…

The use of corporal punishment in schools is cited as creating more problems than it solves. Educational and psychological perspectives for the elimination of physical discipline in schools is presented. (JMF)

The ruling from Strasbourg that the use of the birch is "degrading", and an assault on "a person's dignity and physical integrity", has again focused attention on corporal punishment in schools. Here a probationary teacher describes his feelings about teaching in a school where every week two children are caned, five slippered, and forty smacked…