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)

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)

The Supreme Court's recent decision in "Community for Creative Non-Violence v. Reid," although occurring outside the education field, has implications for determining whether the educator is an employee. Reid was commissioned to sculpt a statue, and the Court ruled that he was an independent contractor, not an employee. (71 references)…

In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…

By law and example, school boards must govern within scope of Bill of Rights. Cites West Virginia State Board of Education v Barnette, in which Supreme Court in 1943 upheld two Jehovah's Witness children's right to refuse to participate in daily flag salute ceremony. Urges schools to teach students principles of democracy and also of individual…

Outlines the facts of the Supreme Court 5-4 decision in "Lee" that graduation prayers violated the Establishment Clause of the First Amendment. Summarizes opinions of Justices Kennedy, Scalia, Souter, and Blackmun. Discusses some of the legal, educational, and policy implications of the conflicting opinions. (33 footnotes) (MLF)

Examines message T-Shirts as a medium for student expression and the ability of public schools to regulate those messages. Predicts that as violence and insolence increase in schools, courts will probably continue to defer to school authorities and let them handle their own problems. (77 footnotes). (MLF)

A student athlete died after the first day of football practice in Texas. His parents brought suit (Roventini v. Pasadena Independent School District) for monetary damages in federal district court contending that the defendants violated the student's rights. Presents the judge's analysis of the legal issues. Advises board members and…

The United States Supreme Court is currently deliberating the case of "Kiryas Joel." At issue is a public school district set up specifically to meet the religious needs of an orthodox Jewish community, as the community defines them. Presents opposing arguments from the New York State School Boards Association and the National Jewish…