Examines and addresses the major issues involved in school districts voluntarily filing for protection under the control and supervision of Chapter 9 of the Federal Bankruptcy Act. Discusses legal and managerial alternatives and examines the most recent Supreme Court ruling regarding the rejection of collective bargaining contracts under the act.…

The 1977 Supreme Court decision in "Milliken v. Bradley," involving the Detroit public schools and the state of Michigan, held that federal courts possess the authority not only to order the implementation of educational program components as part of a desegregation remedy, but also to assess a portion of the cost of such components…

Recent decisions of the U.S. Supreme Court appear to create similar standards in employment discrimination cases harmonizing the theories of disparate treatment and disparate impact. Implications of the emerging judicial unification between the two theories are addressed and its relevance to school districts summarized. (MLF)

In "Castorina," the Sixth Circuit reversed a lower court ruling that had dismissed a suit by two high school students challenging their suspension for wearing T-shirts adorned with the Confederate flag. Reviews three Supreme Court decisions about the regulation of student expression. Concludes that a consensus for the regulation of…

Filing a lawsuit against a school district often means challenging the core values of a community. Cases discussed include a suit to prevent the broadcasting of morning prayers in school ("Herdahl"), a suit over the singing of a religious song ("Bauchman"), and drug-use testing for student athletes ("Acton"). (MLF)

An examination of the constitutionality of team prayer shows that pregame prayers violate the First Amendment's Establishment Clause, and their use can lead to liability problems for both coaches and school boards. Advises school boards to adopt policies specifically prohibiting team prayers. (MLF)

In Kansas City, Kansas, the school system wanted to do more than end two decades of court-ordered desegregation plans. The district created a comprehensive and integrated plan for educational improvement that can be used by any district. A three-pronged approach to school planning focuses on programs, demographics, and facilities. (MLF)

In its June 1998 "Gebser" decision, the U.S. Supreme Court virtually eliminated the strategy of suing school districts in cases where students have been sexually harassed by school employees. Summarizes the majority position in the 5-4 decision and presents Justice Stevens's main dissenting opinion. Unresolved is the sexual harassment of…

The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

This paper reviews federal and state court interpretations of federal and state laws concerning the responsibilities of local school districts in providing free and appropriate education for handicapped children. Particular attention is paid to the building principal's responsibility in carrying out the mandated policies at the operational level,…

This comprehensive reference reviews court decisions affecting the operation, management, and governance of public schools. This edition analyzes all public school cases decided during the 1982 calendar years and reported in West's Regional, Federal, and Supreme Court Resports, through the December 1982 advance sheets. Included as well are 1981…