Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

The perception of an "explosion" of education litigation expressed by federal officials and by the relevant literature is incorrect. Summarizes the findings of previous research and of the present study to answer the frequency question, and reveals findings as to United States Supreme Court decisions. (MLF)

Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…

The United States Supreme Court's decision in "Hazelwood School District v. Kuhlmeier" affirms that school officials have authority over school-sponsored publications. How supervision of student expression is exercised will teach young people a powerful lesson in freedom of the press--or oppression. (MLF)

The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…

James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…

This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…

Last year, the U.S. Court of Appeals for the 11th Circuit ruled in "Davis" that a student can sue for damages if school officials know a student is being sexually harassed but fail to intervene. (MLF)

Fragmented federal court decisions about graduation prayer and the strong public interest in this issue call for the Supreme Court to step in to clarify the law. Summarizes court decisions on this topic. (MLF)

In ruling that school officials had not violated students' protection for free speech by censoring a high school newspaper, the U.S. Supreme Court declared the newspaper to be a supervised learning experience for students. Traces the course curriculum theory rationale, implications for college newspapers, and other aspects of censorship. (MLF)

Reviews recent federal court findings in three legal areas: the responsibility of public schools to reimburse tuition costs for special education students placed in appropriate private programs, parents' rights to sue for damages when special education placement is inadequate, and students' freedom to incorporate sexual innuendo into speeches.…

The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)

An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…

In deciding "Honig v. Doe" the United States Supreme Court held that the unilateral exclusion of a handicapped student for conduct caused by the student's disability, for a period in excess of 10 school days, constitutes a prohibited change of placement. Identifies and discusses seven unanswered questions regarding disciplining…