Font Size: a A A

An analysis of reported State and Federal Appellate Court cases occurring from 1960 to 1988 which define the authority of board of trustees and school officials to make rules and regulations governing public school students

Posted on:1991-07-31Degree:Ed.DType:Dissertation
University:University of La VerneCandidate:Labrucherie, Mary LouiseFull Text:PDF
GTID:1476390017451827Subject:Law
Abstract/Summary:
Purpose. The purpose of this study was to analyze reported State and Federal Appellate Court cases occurring from 1960 to 1988 which define the authority of boards of trustees and school officials to make rules and regulations governing public school students in order to assist school authorities in understanding the impact and ramifications of court decisions affecting public education.;Selected findings. There were very few appellate cases reported on the subject of the authority of boards of trustees and school officials to make rules and regulations governing students in the early 1960s. From the mid-1960s to mid-1970s there was a significant rise of reported appellate cases evidencing an explosion of challenges to school rules and regulations. From the mid-1970s to the present, the number of reported appellate cases has declined drastically, which seems to signify that the courts have more narrowly defined, and are settling, the law in the area of school rules and regulations.;Selected conclusions. School trustees and officials derive authority to make rules and regulations from their state constitutions and legislatures. The courts have basically held that school authorities have wide discretion in making and enforcing school rules and regulations so long as the rule or regulation is reasonable. As such, it is the desire and policy of the courts to uphold the validity of school rules and regulations, unless the rule or regulation violates protected constitutional rights or public laws. Accordingly, the courts have addressed the validity of numerous school rules and regulations common to most school districts. Of particular importance for this study were court decisions on rules and regulations in the areas of: student discipline, recreational and social activities, interscholastic activities, secret clubs, student free speech and free press, and student searches and seizures.;Selected recommendations. In order to effectively administer public schools, school trustees and school officials should be familiar with the principles of law which govern their actions. As a supplement to this study, recommended areas for further study include: (1) An analysis and comparison of historical social trends and their relationship to appellate court rulings; (2) Determining the level of knowledge school authorities have regarding their legal rights and obligations in controlling public school students; (3) Further studies updating this dissertation because of continuing rulings by appellate courts.;Procedure. The historical method of research was used to study reported Federal and State Appellate Court cases during the period 1960 to 1988 in order to categorize, synthesize, document, and interpret their influences on boards of trustees and school officials to make and enforce rules and regulations governing public school students.
Keywords/Search Tags:School, Rules and regulations, Appellate court cases, Reported, State, Federal, Authority
Related items