Provides an edited version of the Supreme Court opinions in "TLO v New Jersey." Includes an article delineating the new rules on student searches that have resulted from the court decision. A third article discusses questionable areas the Court decision left unclear. (MD)

Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…

Reviews a recent decision in "Littlefield" by the 5th Circuit upholding a school uniform policy. Advises board member who wish to adopt a school uniform policy to solicit input from parents and students, research the experiences of other school districts with uniform policies, and articulate the interests they wish to promote through uniform…

This paper offers administrators, teachers, and school boards an introduction to legal issues surrounding teacher dismissal and school desegregation and summarizes a study of all teacher dismissal cases heard from 1970 through 1981 in the Fifth Circuit Court of Appeals. Most of the report is devoted to an overview of the historical development of…

Procedural burden-of-proof issues led Federal Circuit Courts to affirm changes in pupil assignment systems in Norfolk, Virginia, but reject changes in Oklahoma City, Oklahoma. The Supreme Court's decision not to review the Virginia case leaves school boards and federal courts without guidance on questions raised by resegregation. (MLF)

The section of the Education for All Handicapped Children Act (P.L. 94-142) detailing "appropriate education" as a function of an Individualized Education Program (IEP) regulates a variety of educational considerations. Arguing that the IEP is in fact "the hub of the special education wheel," the authors of this document begin…

When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials…

Several recent court cases on school censorship and control over the curriculum are summarized in order to draw implications for policy and action in these areas. Among the conclusions are: (1) private schools have more control over their curriculum than public schools; (2) the school library is a place where students may search for knowledge on…

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…

Dress codes directed at gang attire present school officials with the dilemma of ensuring the safety of the students in a school environment versus the First Amendment rights of students to express themselves. A review of some of the court decisions limited to freedom of expression and general dress code cases serves as a foundation from which to…

This document traces the evolution of federal protection of the educational rights of language-minority students, beginning with the enactment of Title VI of the Civil Rights Act of 1964 and the first steps of the (then) Department of Health, Education and Welfare (HEW) to ensure local school district compliance through its Office of Civil Rights…

This legal analysis examines a federal appeals court decision which found three student theses written as graduation requirements and filed in a library did not constitute printed publications and thus bar the patent application of the college professor involved. Institutions are urged to develop comprehensive patent policies for student and…

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…

Public university restriction of faculty expression on the institution's World Wide Web server is discussed based on recent Supreme Court decisions. It is proposed that in some circumstances, content-based restriction of faculty expression is permissible and will not violate the First Amendment academic freedom rights of faculty. (MSE)