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Some Aspects of the Gilmer-Aikin Bills as They Affect the Schools of Walker CountyMcMichen, Arett 08 1900 (has links)
The main purpose of this study is to determine some of the effects that the school laws passed by the Fifty-First Legislature will have upon the schools of Walker County.
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Search and seizure in educationConnelly, Mary Jane January 1982 (has links)
This legal research study identified Supreme Court cases relating to search and seizure generally, and Supreme Court, federal and state court cases relating specifically to search and seizure in education. The purpose of this study was to identify those concepts, doctrines and principles of law governing searches and seizures in order to inform administrators of their legal responsibilities.
Concepts, doctrines and principles of law governing searches and seizures are summarized in the following statements: (1) Students have a right to privacy, but this right must be balanced against the school's interests and the rights of others. (2) Searches must be reasonably related to a legitimate school purpose. General, exploratory, blanket and indiscriminate searches will not be sustained by courts. (3) School officials have an affirmative obligation to maintain order and discipline for the health and safety of students. (4) Searches must be based on concrete, articulable facts. Mere suspicion is not acceptable to the courts. (5) Elementary and secondary school officials, acting in loco parentis, are generally held to the lesser standard of reasonable cause to believe. However, the more intrusive the search, the higher the standard to be applied. (6) Colleges and universities cannot condition attendance upon a waiver of a student's constitutional rights. (7) Police initiated searches are subject to the higher standard of probable cause. (8) In cases where exigent circumstances existed, such as the destruction of evidence or harm to another, administrative officials have an affirmative obligation to act immediately and they are not subject to the warIant requirement (9) Contraband seen in plain view is subject to seizure without a warrant. / Ed. D.
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A comparison of the efficiency and effectiveness of two models for determining the cost of special education programsKienas, Kenneth L. January 1986 (has links)
Providing services to handicapped children is more expensive than educating nonhandicapped children. Previous studies have estimated the cost of special education to be approximately twice that of regular education. However, these studies have produced a number of problems in providing accurate cost data including a lack of data at the local level to make meaningful determinations, difficulties in treating shared and indirect costs, problems in making cost comparisons across districts, and variances in the cost of resources over time.
This study evaluated the Larson (1985) model, a new methodology for calculating special education program costs, by comparing it to the Rossmiller (1970) model, a widely used method for calculating special education program costs. Judgments were made by comparing the efficiency and effectiveness of each model to the other. Efficiency was appraised byl comparing input and process considerations in computing special education program costs in a select school district in Virginia. Effectiveness was appraised by comparing each model’s ability to produce comprehensive and accurate special education program costs from the sample school district.
Findings indicated that the Larson model had several advantages over the Rossmiller model. First, the Larson model was more efficient as less information from the regular budget was needed to complete indirect cost calculations. Second, the Larson model was more efficient in dealing with shared costs as they could be prorated through the use of a multiplier. Third, the Larson model was considered more accurate in its treatment of related services costs.
However, several qualifications needed to be made in Judging the Larson model as a better product over the Rossmiller model. Conducting a cost determination was a lengthy process no matter which model was used and is more dependent upon the availability of data in a school district than the model used. Also, both models tended to produce similar cost figures when related services costs were taken into account. / Ed. D. / incomplete_metadata
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The development of the public school support plan in West VirginiaSites, Jeanette Abdoney January 1987 (has links)
The purpose of the study was to trace the historical and legal development of the financial support system for public elementary and secondary education in West Virginia from 1863 through November, 1984. In addition, the study provided a compiled source of data on selected aspects of the West Virginia school support system which had bearing upon the 1975 legislation that successfully challenged the constitutionality of the state school finance system. In the case of Pauley et al. v. Bailey et al., the method of financing public schools in West Virginia was declared unconstitutional on May 11, 1982, and the court directed the Legislature to completely redesign the West Virginia system of public school finance.
In order for the educational and legislative leaders to fulfill meeting the court's criteria, an awareness of the changes and carryover of past doctrines and practices into the present situation was deemed to be of great importance. The study provided a historical review of significant legislation and cases affecting the evolution of the West Virginia school finance system. Designated periods of time in education history were presented through the utilization of both a chronological and topical approach. Evaluative criteria, such as equity in funding, adequacy in educational opportunity, efficiency of organization, and formula alterations were incorporated into the study in order to identify the significant changes in the developmental process of school finance. / Ed. D. / incomplete_metadata
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An analysis of the laws in selected areas affecting public elementary and secondary education in the Commonwealth of VirginiaEdison, Patricia Anne January 1979 (has links)
The purpose of this study was to provide an analysis of the laws affecting boards of education in the public schools of Virginia. The Constitution of Virginia, state statutes, attorney general opinions, court decisions and regulations of the State Board of Education were utilized in the analysis.
Topics were selected for this study on the basis of the volume of litigation surrounding the subject in Virginia. The major topics included in the study were: (a) The Legal Authority for Public Education, (b) School District Property, (c) The Legal Basis for Financing Education, (d) School District Liability, (e) Compulsory Attendance and (f) Religious Instruction. The appropriate statutes, attorney general opinions, court decisions and State Board of Education regulations were applied to each topic to determine the law encompassing the topic.
As a result of this study the following rather general conclusions were made:
1. The local school board in Virginia is a quasi-corporation which exercises only those powers and duties granted from the Constitution or specific statutes or which may be fairly implied from statutes.
2. A board of education has authority to acquire property for school purposes by purchase, lease, donation, eminent domain and adverse possession. A board has discretion in allowing school property to be used for community and general purposes but must not act in an arbitrary or capricious manner. School property may be disposed of by sale, lease and by reversion and reconveyance to the original granter.
3. School boards in Virginia are fiscally dependent on the local governing body. Cities and towns have a debt limit of 18 percent of the assessed value of real estate. Counties have no specified debt limit but in general must seek voter approval to incur debt. Property tax is the major source of revenue to finance education in Virginia.
4. A board of education in Virginia is immune from suit in tort liability. However, school boards must carry liability insurance for the transportation of pupils but this does not affect their immunity in other areas.
5. Under Virginia law children must attend public school, a private, denominational or parochial school, or have tutoring at home by a tutor meeting certification. Violation of the compulsory attendance statute by parents or guardians is a criminal offence.
6. Religious exercises in the public schools are unconstitutional. Religious instruction is permissible for students during the school day if held off school property.
The findings of this study have led to the following recommendations:
1. The findings of this study may be used to train potential and present school board members, administrators, and teachers.
2. The findings of this study could be used to develop a legal handbook for board members, administrators and teachers.
3. Further study should be conducted to:
(a) analyze the laws affecting boards of education in topics not included in this study.
(b) compare the findings of this study with actual practices of boards of education. / Ed. D.
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Analysis of the Distribution of the Public School FundsBentley, Jack C. 08 1900 (has links)
The purpose of this study is to determine to what extent the present laws for distributing the public school funds meet certain criteria set up for apportioning the public school funds of Texas.
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A Legal Analysis of Litigation Against Georgia Educators and School Districts Under the Georgia Governmental Tort Claims ActMcDaniel, Rick R. 12 1900 (has links)
This dissertation examines the impact of the 1992 Georgia Tort Claims Act on educators in court decisions involving liability cases against Georgia school districts and/ or their respective employees. By examining pertinent court cases in which Georgia educators were, for the first time, subjected to potential litigation, the researcher outlines circumstances in which educators can and should be held liable for their actions. Additionally, the researcher analyzes the Tort Claims Acts of Texas, Oklahoma, and Mississippi as well. This analysis allows the researcher to contrast the types of litigious actions that educators in each of these states are held liable. Findings include the types of actions in which educators in each of the respective states are subject to liability. Case study analysis of randomly selected court cases involving tort liability, provides the infrastructure for in-depth research allowing the following questions to be addressed: (1) How have Georgia courts interpreted the Georgia Tort Claims Act in litigation against school personnel and school districts? (2) How do tort liability rulings, involving school personnel or districts, in other states within the United States compare with similar cases filed in Georgia since 1992? The Georgia Tort Claim Act of 1992 propelled an array of circumstances in which educational entities would be held liable for their actions. This research clearly explains the types of actions in which educators in the state of Georgia are subject to suit and to what degree they are subsequently held liable. Case study research also uncovered specific areas in which Georgia educators can be held liable. Specific research involving actions deemed either ministerial or discretionary are detailed specifically through case analysis. Additionally, the degree to which liability insurance provides protection for educational entities or their respective employees is also addressed in this research in order that state-by-state comparisons can be understood.
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La domesticité juvénile en Haïti : une vision à travers la lentille du pluralisme juridiqueClouet, Johanne. January 2008 (has links)
In this thesis, we present the outcomes of a research conducted on children's domestic labor in Haiti. In addition to being engaged in housekeeping work -- which has a negative impact on access to basic education -- children in domesticity are generally victims of harmful disciplinary measures as well. Consequently, our main objective is to expose the actual norms and practices regarding the education and the physical treatment of young domestic workers. / Based on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on law and norms existing at multiple levels. / First, we present the information gathered from our theoretical approach. After exploring the notion of "Haitian child domestic servant", sketching social profiles of actors engaged in the practice of domesticity, and identifying the most significant contingent factors, we underline the principal national and international norms guaranteeing children the right to education as well as to physical integrity. / Second, we explore the local norms related to the education and to physical treatment of young domestic servants through the results of empirical research carried out in Haiti in the form of observation and interviews with relevant actors. / We conclude by identifying the framework of norms that govern the behaviour of families that host domestic children. Understanding that framework allows jurists and other actors to identify and implement the actions more likely to improve the quality of life of child domestic workers.
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La domesticité juvénile en Haïti : une vision à travers la lentille du pluralisme juridiqueClouet, Johanne. January 2008 (has links)
No description available.
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A Cost-Benefit Analysis of the Implementation of Texas House Bill 72 in Selected Texas Public School DistrictsBradford, Ronald W. (Ronald Wayne) 05 1900 (has links)
This study was conducted to analyze the effect of implementation of Texas House Bill 72 on budgets of selected Texas public school districts and to ascertain educational benefits to students derived from implementation of the bill as perceived by superintendents. Questionnaires were sent to superintendents of the Region 10 Education Service Center to determine perceived educational benefits to students. A demographic data sheet provided information for classifying respondents by educational experience, superintendent experience, and district enrollment classifications. Sixty-two districts responded. Official public school budget data for each district were analyzed for fiscal years 1983 through 1986 as were data from the questionnaire. Overall statistical information was gleaned through CONDESCRIPTIVE. Mean total expenditures, mean total tax rate, and state fiscal aid data were compiled, tabulated, and reported for each enrollment classification and entire sample. In addition, a t-test between the difference of two independent means at a probability level of .05 was applied. The two independent means were the averages of data for the two years prior to and after implementation of the law for expenditures, tax rates, and state fiscal contributions. Data comparing local and state expenditures were compiled, tabulated, and reported for each group to compare local and state fiscal effort prior to and after implementation. One-way analysis of variance was used to compare demographic variables with perceived educational benefits. Item and factor analyses were applied to establish reliability.
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