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Education Law

Cleveland State University

Education

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Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald Jan 2005

Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald

Cleveland State Law Review

Part II of this Note briefly discusses the current state of public education in Ohio and outlines the DeRolph litigation and its implications. Part III focuses on the “thorough and efficient” education clause in the Ohio Constitution and analyzes its meaning from an historical perspective. Part IV addresses the theory behind the privatization of education in general, briefly discusses the history of privatization, and introduces different types of educational privatization in Ohio. Part V compares the ideology behind the education clause in the Ohio Constitution with privatization ideology and concludes that the two ideologies are in conflict. Part VI discusses …


Student Conduct Regulations, Arthur J. Marinelli Jr. Jan 1973

Student Conduct Regulations, Arthur J. Marinelli Jr.

Cleveland State Law Review

The law relating to university students in their relationships with their schools has been undergoing rapid change as students have sought judicial relief when subjected to disciplinary action by universities. The courts have, in recent years, applied constitutional standards in reviewing the action of university officials with respect to the form of student conduct regulations, student expression, and disciplinary proceedings in the tax-supported university. Judicial abstention was once the rule, historically based upon a number of varying theories. Attendance at a university was once regarded as a "privilege," and regulation of student action has been upheld on this theory as …


Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz Jan 1971

Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz

Cleveland State Law Review

The real reason for this article is found in the recognition that good law is generally a guide to good conduct. School people ought to know as much about what the law dictates in respect to conduct toward children under their supervision as they know about the teachings of psychology. Before getting directly into the discussion, it seems appropriate to stress that there is nothing in tort law which makes teachers or admin- istrators the insurers of the safety of children. Accidents will continue to happen which cause injury to children in school. If, however, the teacher or administrator has …


Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle Jan 1971

Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle

Cleveland State Law Review

The doctrine of in loco parentis and the right of the teacher to inflict corporal punishment has a long history of acceptance. The doctrine itself has survived for centuries with no serious challenges to its validity or acceptability. The doctrine states that a teacher stands in the place of the parent and has the right to discipline his students, including the right to inflict corporal punishment for reasonable cause and in a reasonable manner. The basis of the doctrine is an assumption of the delegation of parental authority and an assumption of the correctness of the teacher's actions. A direct …


Evolution And Development Of College Law, Thomas E. Blackwell Jan 1971

Evolution And Development Of College Law, Thomas E. Blackwell

Cleveland State Law Review

The history of the development of higher education has received adequate and comprehensive treatment in many texts. However, a brief review of those facets of its evolution which relate to the subject of corporate structure is in order.


School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley Jan 1971

School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley

Cleveland State Law Review

Boards of education, whose members are elected to their public office; whose members are, collectively, the employers of educators; and whose members are, collectively, the governing authority responsible for the educational policies in their school district, have a duty far greater than merely serving as a vehicle for the purpose of carrying out the affairs of state. Because school activity constitutes the first sustained contact of governmental authority with our youthful citizens, school boards have the highest degree of responsibility to represent the sov- ereign and majestic power of government in the most enlightened manner possible.