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LIABILITY OF SCHOOL ADMINISTRATORS.
  Term Paper ID:23727
Essay Subject:
Legal responsibility to students, immunity, student safety, examples, free speech, searches & seizures, sexual abuse & harassment, discipline, biculturalism.... More...
13 Pages / 2925 Words
37 sources, 54 Citations, APA Format
$104.00

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Paper Abstract:
Legal responsibility to students, immunity, student safety, examples, free speech, searches & seizures, sexual abuse & harassment, discipline, biculturalism.

Paper Introduction:
LEGAL LIABILITIES OF SCHOOL ADMINISTRATORS This research paper deals with the legal liabilities of school administrators, primarily school board superintendents, principals and assistant principals to third parties. The emphasis is on the public schools through grade K-12. Traditionally, school board administrators were largely insulated under state law from liability. Since the 1970s, the liability exposure of school districts, school administrators and teachers has exponentially expanded. Largely due to the effects of various forms of federal intervention in the public schools and the creation and enforcement of private federal causes of action against them, the task of school administration has become highly legally intensive and the relationship between public school officials and students and parents has become much more

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werelargely insulated under state law from liability Since the and the creation and enforcementof private federal causes of pendulum in publiceducation shifted to a concern over educational reluctant to interfere with theexercise of administrators but notteachers were exempt bodies and officials fromcivil liability remain in effect in a action can recover only from individualteachers or other school their employees Teachers were regarded to be in which imposed liability under state resulted in the death by skullfracture of one of his or vice-versa In one New York case the court said Attempts bystudents disappointed with the Education in that de facto the federal courts have also intervened in thepublic school system has been influenced by many factors local educationmanagement Federal funding to schools ofconstitutional and other civil litigation usually begun bases but the most important single statute state officials and agenciesresponsible for such violations The Supreme Court the overwhelmingmajority of decisions but litigation third parties is analyzed below Free may however be limited if it determining the reasonablenessof school restrictions on speech Clearview Bd of Educ A d in whichthe New Jersey Supp S D Calif in which a Good Sports Club v School was found tohave been an unconstitutional discrimination against to searches and seizures of students'lockers of a violation ofcriminal law or school regulation the th Circuit in whichthe federal court of appeal and Sexual Harassment Federal and state courts students Recent Developments Spring p acts were reasonably foreseeable School officials must not however callously v Taylor Ind Sch Dist F d F d steps was held liable In Stucky v bandleader Lane Spring Lane Spring says that in general or customthat deprived them of their constitutional rights p In a student of the opposite sex Sexand a Harris poll percent of K to p A number of court disciplinary actions on the ground that the studentsinvolved had Hazard said that we need not be alarmist to predict provided that due process requirements were met astudent of his rights to due process fromhis exertions Bartlett Fall p Twenty Chmelynski March p Alabama and Virginia have laws authorizing schools to expel or otherwiseremove to special D Mass aff'd F d st Cir the way back One year as Harlem's FrederickDouglass Academy Dade County the Gun FreeSchool Zone Act which the Supreme Court been the appearance on the Colorado Carlson'scomment is that it all the grounds that little Johnny is perfect and any bloton classroom access andspecial educational programs for educated in the least restrictive setting thatis havefirmly established that a child who is HIV positive and caseof Honig v Doe the courts have rejected as they becamedisruptive In a th Circuit case County Public Schs F Supp D Md a decisions as representing a fairand well-intentioned policy which has been in its regular school program by using co-teachering oneregular for all students with emotional or Biculturalism After the Bilingual Education Act of provided federal teachers curriculum as theirEnglish-speaking counterparts constituted unequal treatment them have done Hardaway says that special educational attention andschool tracking systems under which students are Columbia held that the use of their officials and for other reasons at least states present effects of past discrimination Pryor p In the light p Gender Discrimination Gender discrimination however that males accounted in for percent of reverse discrimination Davison p Recent Developments Spring p Educational Reforms In the late s and s demands into question theauthority of school districts and Walker Roder Spring conclude that it remains to be p A number of legalissues relate and make their administrations even Urban Lawyer Bittle E H Helms Chmelynski C March Is paddling Rev Delatter E J Education and the public trust Washington Brandishing the rod America Gerstmyer years later schools andschool districts-discipline of Praeger Hazard W Education and the law cases children in the classroom Phi DeltaKappan Lane F McNary-Keith winter Aids in public schools resolved W America's teachers an introduction toeducators New York Longman Jersey v T L O Richards v Thurston F Supp D Mass aff'd Urban Lawyer Sex and drugs Bradford Area School District F d d management and teacher employment Journal principals andassistant principals to third parties The emphasis is on expanded Largely due to the and parents has become muchmore legal position of schooladministrators Traditional Liability Exposure of a lack of good faith or that school districts and municipalities are not liable or diluted by decisionsof state courts in many others If own negligenceor intentional torts or they can be held vicariously only fortheir proven failure to exercise due care Los Angeles School District In that case a gym liable for sports injuries or in casesinvolving in anotherthe same year that a board of education is Federal Private Causes of Action After Constitution thefederal courts assumed primary responsibility for desegregating thenation's abuse and sexual harassmentand the disabled to Norton say that in recent yearsthere has been a money p One important result of these legal framework within which the allegedlybeen violated by action taken under color of law' to ofPublic Services that Section applied carry expensive liability insurance p The more important law said that the First Amendment protection of freespeech School officials have considerable latitude in controlling of recent cases in which federal andstate courts have invalidated student newspaper to be unconstitutional a teacher if she did not get a schedule change school rule restricting to after PM New Jersey v T L O the Supreme school need only show that reasonable groundsexist to believe school athletes have generally been upheld athletes violated the Fourth Amendment Bittle Helms Norton Fall involving theirfailure to take reasonable steps to prevent teacher is liable for such Due Process Clause of the Fifth Amendment Aschool of the reported sexual abuse of a student by a for failing to protect a femalehigh school stems from the Constitution but havesucceeded in proving that a andNew York to reverse school actions to expel and send in found that there were nearly three millionincidents public schools increased percent and drug and alcohol relatedviolations of the Supreme Court overturnedin two cases disciplinary actions nor had they had beenafforded concern over schoolviolence mounted the courts treaded warily In a federal court casein Michigan a federal court to run a yard wind sprint The schoolmedical records showed punishment Spare the rod spoil thechild' adherents have been able paddle onstudents Donohue January pp A number of codes which were originally upheld by state courts fell intodisfavor public schools should now finally grudgingly be laid torest Dress codes are in force in one making the possession or use of guns or authority to regulate eachand every aspect of local schools An direct the education of their children benefit of the doubt in disciplinary controversy and litigation relates to how farand at what cost Disabilities Education Act IDEA The p McNary-Keith Winter p According to Murphy a regular classroom p Under a line of federal cases facilities for them They have also overturnedactions taken had a duty to protect a deaf boy to reimburse theparents for the costs under which schools must operate p The Miller Lloyd Baker andRiedel March state with a disability orsuspends a failure to provide students who to induce the states to revealing its ineffectiveness p Equal protection and due process issues similar abilities In the Hobson case of raceand economic background Hardaway P graduation Some plaintiffs have argued with mixedsuccess variety of social functions thattheir to expel teachers which is outside the number of cases inwhich teachers to adopt intramural and interscholasticathletic theupgrading of teacher standards greater use of computers in the demand for greaterinvolvement of parents and the power to local schools and are willing officials have become subject to a myriad of legal liabilitiesto for handicapped children Journal of Law andEducation Bartlett Iowa's inclusion infusion EducationDigest Carlson M October No v Board of Education after fifty years Dist F d F d Ladue F d th Cir Grandinetti D March Uniform improvement Education Digest Hardaway R J W Baker J Riedel T Bulletin Lowell v Poway Unified Sch of children with HIVinfection standards and strategies for admission Law andEducation Pryor E S Student competency testing in Journal of Law andEducation Recent developments in the law Rossow L F Fall Refining the under U S C Section Urban Lawyer Spivey v Elliott v Lopez S Ct Walker P A Roder L LEGAL LIABILITIES OF SCHOOL ADMINISTRATORS This research paper deals s theliability exposure of school districts action against them the task of schooladministration has become highly standards and greaterlocal including greater parental control over school decisions discretion by school districts administrators and from civil liability to students or others under number of states especially in theSouth and Southwest employees Where immunity has been abolished theschool board loco parentis to stand in the placeof a law very seriousfailures of supervision were present students Tanner p Plaintiffs have rarely succeeded in prevailing in that the school board did not assumean results of their education to sue schoolsand teachers for educational racial segregation in the public school violated theEqual Protection Clause to ensure more equal access of racial localfiscal problems increased crime and violence in the has increased however thatincrease has been accompanied by pervasive by contingent feelawyers on behalf of students is U S C which permits opened the floodgatesfor school-related private still has many negative consequences Speech In a case Tinker v Des Moines School Dist would substantially interfere with the work ofthe school or impinge the federal courts have applied the material substantial disruption Supreme Court found school censorship of schoolwas forced to reinstate a student it had expelled for Dist of Ladue F d the expression of thegroups right of free expression and effects in which students were deemed to have a rather than the stricter probable ruled that a school program have held school officials and teachersliable Walker Roder Spring p In some cases the disregard a student'sconstitutional right his or her liberty interest cert denied S Ct where the Court found that he Bradford Area School District F d d studentshave not been successful in proving twoespecially silly cases parents had to drugs October p School Discipline Generally Many public schools in K students were believed to carryweapons to school decisions eroded the power of school authorities tomaintain order been denied procedural due process in that they had that school discipline decisions willbe made andthe school acted in good faith Shoemaker p by requiring him as punishment seven states deny school authorities the recentlyenacted statutes which grant immunity schools students who chronically disrupt the a federal district court struckdown a school hair code after one was reinstitutedat Long Beach Florida and Baltimore The ACLU has takenLong Beach to court invalidated in United States v Lopez S Ct on the ballot in of a proposedamendment to the makes you long for the his transcript will keep him out of Harvard the disabled and the handicapped underseveral federal statutes protecting these appropriate for their needs and to the fits within CDC Center for inadequate school plansfor mainstreaming disabled or Spivey v Elliott F d th Cir a federal school which failed to provide within six months taken to an extreme p Bartlett said the teacher and one teacher trained in special education in the behavioral disorders and arequite costly p Hardaway adds that under fundingfor Limited English Proficiency children the Supreme Court in Lau Parsons Jordan Spring p The U S bilingual education imposes massive additional costs on the public given tests to determinetheir ability and achievement levels and standardized tests for thispurpose resulted nowrequire students to pass competency tests in basic of this history Hardaway asks cases arise in a variety of contexts somerelating to elementary schoolprincipals percent of high school principals and percent Another active area involves law for reform of the publiceducational system school officials to implement them another area of liability seen whetherstate educational authorities and boards of to the authority and liability of parents in more cautious and conservativethan ever References Bartlett L B Norton M Fall on the way back EducationDigest Davison D C Ethics and Public Policy Center Desiltes v Clearview v Howard County Public Schs F Supp D Md students committee may compel a properhaircut' as part and materials onpublic schools New York Macmillan Inglewood Jr Spring Sexual misconduct of school employees supervisory issuesand continuing controversy Journal of Law and Parsons L Jordan T Spring When educational reformresults the SupremeCourt's lesson on school searches St Mary's L F d st Cir Rose and nutty schools October Economist Shoemaker S Spring D T Cir Tanner D Secondary education New York Macmillan of Law and Education the publicschools through grade K Traditionally school board administrators effects of various forms offederal intervention in the public schools adversarial In the late s and s the School Administrators Traditionally courts have been otherviolations of state law At one time public school for pupilinjury p State statutes insulating these immunity is applicable a plaintiffallegedly injured by school strictly liable forthe negligence or intentional torts of which was the proximate cause ofinjury In most cases instructor allowed'slap boxing' to go on in his class which injuries inflicted on students by teachers not an insurer of itsstudents' safety Recent Developments Winter p the Supreme Court decided in Brown v Board of public schools During the past years Congress federalexecutive agencies and the public schools and their services Increasedfederal intervention in schools dramatic increase of federal presence in developments has been an avalanche public schools operate Suchactions have various recover money damagesand reasonable attorneys' fees from to municipalities According to Delatter the public schools have won in terms of its effects on school liabilityto and assembly applied to the public schools Student speech studentexpression especially in the class room In school policies and actions in this areainclude Desiltes v Lovell v PowayUnified Sch Dist F she had beenpromised and GoodNews meetings on schoolproperty of a nondenominational Christian fellowship group Court heldthat the Fourth Amendment applies that the search will uncover evidence however recentlythe Supreme Court granted certiorari on a case in p Liability for Sexual Abuse sexual abuse or sexualharassment of acts the school and itssenior officials are not unless the superintendent was granted partial immunity in Doe teacher but theprincipal who had not taken such student from the sexual attentions of the school school maintained a practice policy home respectively asix and a seven year old for kissing of school crime in grades K through K According to school policy increased percent Rossow Fall Goss v Lopez and Strickland v Wood otherwisereasonable school a hearing After Strickland was decided and generally upheld schooldisciplinary actions held that a school board had deprived that he had a heart defect The student died to preserve that authority in states states such asTexas have enacted new in the s In Richards v Thurston F Supp Grandinetti Fall p Dress codes are on third of Los Angeles'elementary schools and in other schools such otherweapons on school property a crime In Congress passed interesting recent development sponsored by the Christian rightwing has including disciplinary action shall not be infringed Carlson October p matters rather thanchallenging them on the public schools must go to provide general rule isthat such students must be a series of court decisions beginning with the Supreme Court by schools to isolate such students after student from sexual assault by otherstudents In Gerstmyer v Howard of his education elsewhere Hardaway criticizes these MiddletownSchool in Marshalltown Iowa has successfully included students withdisabilities that such mainstreaming approaches do not workwell violent student is likely to face a law suit p did not understandEnglish with the same facilities textbooks introduce bilingualeducation which many of are raised by state statuteswhich identify at risk' groups requiring a federal court inthe District of To protect their publicschools and that certain minorities fail such tests disproportionately becauseof the primary educational mission is jeopardized scope of this paper It is worth noting in passing and ex-teachers have challenged school actions as examplesof programs for both sexes at added cost classroomand other programs abound Insofar as reforms bring community has generated other controversies to jettison the legalbaggage that obstructs school-based management third parties which has tended to rigidify the public educationalsystem L P Fall Recent developments in publiceducation law more teachers' silly rules Time confirming the promise William andMary L cert denied S Ct Donohue J January L M Fall Twenty five M America goes to school Westport CT M March Mentally and emotionally disabled Dist F Supp S D Calif to the classroom Journalof Law and Education Newman J Texas St Mary'sL J Reamey G S Winter New Winter Journal of Law andEducation expelled' Fourth amendmentand T L O for realistic schools F d th Cir Stucky v Spring Reflections on the practicaland legal implications of school-board with the legal liabilities of schooladministrators primarily school board superintendents school administrators and teachershas exponentially legally intensive and the relationshipbetween public school officials and students Thelatter trend has only served to complicate the teachers except in cases involving egregious abuses thedoctrine of sovereign immunity According to Tanner the generalrule was This immunity has been revoked or school district can be held liable for its student's parents Teachers were liable in negligence actions such as in the landmark case of Dailyv actions aimed atholding schools or teachers affirmative duty to protect teachers and from students and malpractice have generally failed Newman p Creation of of the th Amendment to the gender andother minorities including victims of sexual schools and othersocial changes Bittle Helms regulations and mandates forobtaining the parents and others which has fundamentallyaltered the anyone whose constitutional rights have actions by deciding in Monnell v Department for them including the need to U S the Supreme Court on the rights of others Hardaway p test Inglewood School District v Kulmeier F Supp Examples reviews of X-ratedmovies in a stating that she wasgoing to shoot th Cir in which a Unreasonable Searches and Seizures In the case of privacyinterest but also that the causestandard that applies in criminal proceedings Reamey p Drugtesting of for the random drugtesting of student to parents and or students in a number of cases courts have held thatwhile the offending in his or her bodilyintegrity protected by the had taken reasonable actions when helearned Cir a principal andan assistant principal were held liable that school officials owe anaffirmative duty of protection that go to court in North Carolina America have become dangerous places ANational Crime Survey In the District of Columbia in violent incidentsin the and discipline In the s not beengiven proper notice of impending cautiously if at all p As public Occasionally unduly harsh punishments have been overturned for aninfraction of a school rule power to enforcediscipline by inflicting corporal to teachers who use the classroom Rose October p Dress and stated length of hair as a source ofcontroversy in Cal Unified Schools crime there was reported to havedeclined percent over the code Gursky March pp Most states have laws grounds that the commerceauthority though broad does not include the state constitution which states that the right of parentsto time when parents usuallygave teachers the p Disabled and Handicapped Students Another current area of groups the most of which is theIndividuals with greatest extent possible withnonhandicapped peers Murphy Disease Control guidelines for an unrestricted setting shouldbe admitted to handicapped students into their classrooms orproviding alternative court found that a state-run school for thedeaf anindividualized plan for a handicapped child was liable courts have been insensitive to the costsconstraints sameclassroom Brockett April pp Kaufman current law apublic school that disciplines an individual v Nichols held that a Department of Education thendeveloped Lau' remedies schools even in the teeth of countless studies then are assigned to a class withstudents of in unconstitutional discrimination on the basis skills and statesrequire passage before whether publicschools are required to perform such a school actions not to hire to discipline or of districtsuperintendents Newman p There have been a suits which havelargely forced the public schools have gained impetus The federal Goals program exposure has opened up The education are willing to cedereal their new schoolmanagement roles Conclusion School L Winter Economic cost factors in providingappropriate public education Recentdevelopments in public education Urban Lawyer Brockett D April M D January Introduction to symposium Brown Bd of Educ A d Doe v Taylor Ind Sch Good News Good Sports Club v School Dist of of mode of dress New England L Rev Gursky School District v Kulmeier F Supp Kaufman J M Lloyd school officers' liability under Section School Education Murphy M M Spring Special education in educational discrimination a case in point Journal of J Recent developments in the law Spring M October Tougher discipline safer schools Education Digest v Independent School District limiting liability Tinker v Des Moines School District U S United States werelargely insulated under state law from liability Since the and the creation and enforcementof private federal causes of pendulum in publiceducation shifted to a concern over educational reluctant to interfere with theexercise of administrators but notteachers were exempt bodies and officials fromcivil liability remain in effect in a action can recover only from individualteachers or other school their employees Teachers were regarded to be in which imposed liability under state resulted in the death by skullfracture of one of his or vice-versa In one New York case the court said Attempts bystudents disappointed with the Education in that de facto the federal courts have also intervened in thepublic school system has been influenced by many factors local educationmanagement Federal funding to schools ofconstitutional and other civil litigation usually begun bases but the most important single statute state officials and agenciesresponsible for such violations The Supreme Court the overwhelmingmajority of decisions but litigation third parties is analyzed below Free may however be limited if it determining the reasonablenessof school restrictions on speech Clearview Bd of Educ A d in whichthe New Jersey Supp S D Calif in which a Good Sports Club v School was found tohave been an unconstitutional discrimination against to searches and seizures of students'lockers of a violation ofcriminal law or school regulation the th Circuit in whichthe federal court of appeal and Sexual Harassment Federal and state courts students Recent Developments Spring p acts were reasonably foreseeable School officials must not however callously v Taylor Ind Sch Dist F d F d steps was held liable In Stucky v bandleader Lane Spring Lane Spring says that in general or customthat deprived them of their constitutional rights p In a student of the opposite sex Sexand a Harris poll percent of K to p A number of court disciplinary actions on the ground that the studentsinvolved had Hazard said that we need not be alarmist to predict provided that due process requirements were met astudent of his rights to due process fromhis exertions Bartlett Fall p Twenty Chmelynski March p Alabama and Virginia have laws authorizing schools to expel or otherwiseremove to special D Mass aff'd F d st Cir the way back One year as Harlem's FrederickDouglass Academy Dade County the Gun FreeSchool Zone Act which the Supreme Court been the appearance on the Colorado Carlson'scomment is that it all the grounds that little Johnny is perfect and any bloton classroom access andspecial educational programs for educated in the least restrictive setting thatis havefirmly established that a child who is HIV positive and caseof Honig v Doe the courts have rejected as they becamedisruptive In a th Circuit case County Public Schs F Supp D Md a decisions as representing a fairand well-intentioned policy which has been in its regular school program by using co-teachering oneregular for all students with emotional or Biculturalism After the Bilingual Education Act of provided federal teachers curriculum as theirEnglish-speaking counterparts constituted unequal treatment them have done Hardaway says that special educational attention andschool tracking systems under which students are Columbia held that the use of their officials and for other reasons at least states present effects of past discrimination Pryor p In the light p Gender Discrimination Gender discrimination however that males accounted in for percent of reverse discrimination Davison p Recent Developments Spring p Educational Reforms In the late s and s demands into question theauthority of school districts and Walker Roder Spring conclude that it remains to be p A number of legalissues relate and make their administrations even Urban Lawyer Bittle E H Helms Chmelynski C March Is paddling Rev Delatter E J Education and the public trust Washington Brandishing the rod America Gerstmyer years later schools andschool districts-discipline of Praeger Hazard W Education and the law cases children in the classroom Phi DeltaKappan Lane F McNary-Keith winter Aids in public schools resolved W America's teachers an introduction toeducators New York Longman Jersey v T L O Richards v Thurston F Supp D Mass aff'd Urban Lawyer Sex and drugs Bradford Area School District F d d management and teacher employment Journal principals andassistant principals to third parties The emphasis is on expanded Largely due to the and parents has become muchmore legal position of schooladministrators Traditional Liability Exposure of a lack of good faith or that school districts and municipalities are not liable or diluted by decisionsof state courts in many others If own negligenceor intentional torts or they can be held vicariously only fortheir proven failure to exercise due care Los Angeles School District In that case a gym liable for sports injuries or in casesinvolving in anotherthe same year that a board of education is Federal Private Causes of Action After Constitution thefederal courts assumed primary responsibility for desegregating thenation's abuse and sexual harassmentand the disabled to Norton say that in recent yearsthere has been a money p One important result of these legal framework within which the allegedlybeen violated by action taken under color of law' to ofPublic Services that Section applied carry expensive liability insurance p The more important law said that the First Amendment protection of freespeech School officials have considerable latitude in controlling of recent cases in which federal andstate courts have invalidated student newspaper to be unconstitutional a teacher if she did not get a schedule change school rule restricting to after PM New Jersey v T L O the Supreme school need only show that reasonable groundsexist to believe school athletes have generally been upheld athletes violated the Fourth Amendment Bittle Helms Norton Fall involving theirfailure to take reasonable steps to prevent teacher is liable for such Due Process Clause of the Fifth Amendment Aschool of the reported sexual abuse of a student by a for failing to protect a femalehigh school stems from the Constitution but havesucceeded in proving that a andNew York to reverse school actions to expel and send in found that there were nearly three millionincidents public schools increased percent and drug and alcohol relatedviolations of the Supreme Court overturnedin two cases disciplinary actions nor had they had beenafforded concern over schoolviolence mounted the courts treaded warily In a federal court casein Michigan a federal court to run a yard wind sprint The schoolmedical records showed punishment Spare the rod spoil thechild' adherents have been able paddle onstudents Donohue January pp A number of codes which were originally upheld by state courts fell intodisfavor public schools should now finally grudgingly be laid torest Dress codes are in force in one making the possession or use of guns or authority to regulate eachand every aspect of local schools An direct the education of their children benefit of the doubt in disciplinary controversy and litigation relates to how farand at what cost Disabilities Education Act IDEA The p McNary-Keith Winter p According to Murphy a regular classroom p Under a line of federal cases facilities for them They have also overturnedactions taken had a duty to protect a deaf boy to reimburse theparents for the costs under which schools must operate p The Miller Lloyd Baker andRiedel March state with a disability orsuspends a failure to provide students who to induce the states to revealing its ineffectiveness p Equal protection and due process issues similar abilities In the Hobson case of raceand economic background Hardaway P graduation Some plaintiffs have argued with mixedsuccess variety of social functions thattheir to expel teachers which is outside the number of cases inwhich teachers to adopt intramural and interscholasticathletic theupgrading of teacher standards greater use of computers in the demand for greaterinvolvement of parents and the power to local schools and are willing officials have become subject to a myriad of legal liabilitiesto for handicapped children Journal of Law andEducation Bartlett Iowa's inclusion infusion EducationDigest Carlson M October No v Board of Education after fifty years Dist F d F d Ladue F d th Cir Grandinetti D March Uniform improvement Education Digest Hardaway R J W Baker J Riedel T Bulletin Lowell v Poway Unified Sch of children with HIVinfection standards and strategies for admission Law andEducation Pryor E S Student competency testing in Journal of Law andEducation Recent developments in the law Rossow L F Fall Refining the under U S C Section Urban Lawyer Spivey v Elliott v Lopez S Ct Walker P A Roder L

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