The Developing Case Law of Public School Extra-Curricular Activities.

Not available separately; see EA 012 963.

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11

Athletics; Court Litigation; Disabilities; Elementary Secondary Education; Extracurricular Activities; Married Students; Public Schools; Residence Requirements; Sex Discrimination; Student Rights; Student School Relationship

The Supreme Court has established standards of judicial review that may be more important in determining the outcomes of cases than are the substantive issues involved. The public school's authority to establish rules and regulations governing student conduct is generally accepted unless the rules infringe on established constitutional rights or make distinctions between people on the basis of factors such as age, sex, race, national origin, or religion without the justification of a compelling government interest. The justice or fairness of a given rule is of less concern to the courts than the school's authority to make the rule in the first place. The school's authority to bar students from participation in extra-curricular activities sponsored by the school hinges in part on whether the courts regard those activities as a constitutionally protected property right or as a privilege. Other questions raised concerning students' rights to participate in these activities include questions regarding when discrimination on the basis of sex, handicap, residency, or marital status is legitimate. (Author/PGD)

1981

ED194962