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…

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

Outlines the confusion surrounding a Supreme Court decision in the "New Jersey vs. TLO" case, which put at issue the prohibition against unreasonable searches in schools. The Court's decision allows a lower standard of reasonableness to be applied in school searches. The standards are not clear and are open to serious question. (MD)

A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…

A recent decision by the 8th U.S. Circuit Court of Appeals in a case from Arkansas centered on a vicious letter written by an 8th-grade boy about his former girlfriend and turned over to school officials. The court ruled for the school district in expelling the student for the year, without allowing him to attend an alternative school. Argues that…

Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)

Based on past incidents involving racial tension and student wearing apparel that displayed the Confederate flag, a South Carolina middle school prohibited clothing with the Confederate flag visible. Judge William B. Traxler Jr. ruled for the district. Advises administrators that they can regulate or ban expressive conduct by students only if…

The Supreme Court ruled that school officials could not make a unilateral decision to keep a special education student out of school for more than 10 days. However, it gives officials an opportunity to reach lawful agreements with the student's parents or with a court to change the child's placement. (MLF)

Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…

In "Rowinsky" the Fifth Circuit ruled that Title IX does not entitle a student to recover damages from a school district for peer sexual harassment. However, three federal district courts and the Eleventh Circuit have joined the trend of holding school districts liable. Follows the Eleventh Circuit's approach and advises school districts…

A federal case from Wooster, Ohio, illustrates the tension facing school boards and administrators when they deal with student expression. Explains the judge's reasoning about the issues involving First Amendment rights of student editors and the policies and relevant free-speech principles. (MLF)

To uphold constitutionally approved teaching about religion (and refrain from unconstitutional religious indoctrination), schools are advised to adopt an approach that is academic, not devotional. Other responsibilities include, making sure that students' beliefs--especially those who are not religious or are otherwise in the minority--are never…

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)

To forestall sexual harassment law suits, higher education institutions should (1) adopt a position on faculty/student amorous relationships; (2) state clearly how complaints are handled and by whom; (3) actively educate faculty, staff, and students concerning sexual harassment; and (4) follow up any complaints and keep records of the responses.…

Ruling in "Franklin," the Supreme Court found in favor of a high school student who alleged that she had been subjected to sexual harassment in violation of Title IX of the Educational Amendments of 1972. Inquires about the nature and scope of damages available under Title IX. Concludes with policy considerations for administrators. (MLF)