Search Results

Below are your search results. You can also try a Basic Search.

Charter schools are public schools -- except, apparently, when they aren't

(09/22/13 5:13pm)

In a recent Education Week blog post, author and education reformer Sam Chaltain asked a question that, until recently, seemed beyond doubt: Do students in charter schools have First Amendment rights? The answer is in some doubt as a result of a pair of court rulings absolving charter schools of violating the rights of students or employees. Unlike truly private schools, charter schools derive their funding and their legal existence from local school districts (that's where the "charter" comes from). School boards hold life-and-death authority over these schools, and state laws generally require that (unlike truly private schools) they accept all qualified applicants. Charter schools do enjoy a measure of separation from the government because they are statutorily exempted from certain state oversight requirements that apply to traditional public schools.

Ninth Circuit gives school officials (limited) license to punish students' threatening online speech

(09/05/13 2:07pm)

Whether public schools can regulate students' off-campus speech just as if the speech occurred on campus is a recurring legal issue that will arise with increasing frequency now that state legislatures are putting schools into the business of policing online bullying. The Ninth Circuit U.S.

TRANSPARENCY TUESDAY: Public records -- delivered hot and oven-fresh... or they're free?

(09/03/13 1:04pm)

Next to waiting for the cable TV installer, there's not much more irritating for us first-worlders than waiting for the public records that never come. Many state open-records laws require an agency to respond to a request for public documents within three, five or 10 days.

Ninth Circuit latest to exempt publicly employed teachers from Garcetti speech restrictions

(09/10/13 10:36am)

It’s illegal for public agencies to discipline teachers for statements they make, if those statements are a "matter of public concern," a federal appeals court ruled last week. Most public employees can be disciplined for making statements their bosses don’t like, even if it might seem like they are protected by the First Amendment.

Justice Scalia speaks in support of the Constitution

(09/16/13 3:48pm)

We should celebrate Constitution Day by praising the document as it was written, and not by adapting it to the whims of society or of court judges, Supreme Court associate justice Antonin Scalia said Monday. "The source of our freedom is the Constitution that we're celebrating today," and not the Bill of Rights, he said. In a speech at George Washington University, Scalia addressed the need to remain faithful to the framers' ideas in order to keep the judiciary, and other governmental bodies, from overstepping their bounds.

Newseum panel debates federal reporter's shield law

(09/18/13 4:38pm)

Reporters and media lawyers seemed optimistic about the proposed legislation that would establish a media shield law during a panel at the Newseum in Washington on Wednesday. "I've got a better feeling now than I've ever had,” said Kevin Goldberg, legal counsel to the American Society of News Editors, even though the bill still faces major obstacles in Congress. New York Times correspondent Charlie Savage was less optimistic, saying he was skeptical any form of the bill would pass. The bill, known as the 2013 Free Flow of Information Act, passed in the Senate Judiciary Committee last week.

Relief for records requestors? Schools ordered to pay fines, attorney's fees in open records lawsuits

(09/20/13 5:29pm)

Violating state open records laws could actually cost you a lot of money, officials in Washington and Iowa have learned this month. First, the University of Washington was ordered last week to pay more than $720,000 in fines for withholding 12,000 pages of public records from a former professor who wanted to see whether she was wrongfully denied tenure at the University of Washington's Tacoma campus because of her gender or heritage.