Two Constitutional principles--separation of church and state and freedom of speech--have been placed in conflict by the newly established Equal Access Act (1984). Some ways that school boards have found to deal with the confusion are presented. (MD)

Sexual harassment violates Title VII of the 1965 Civil Rights Act. School systems that do not take steps to prevent sexual harassment are neglecting their responsibilities and are vulnerable to costly legal action. Lists steps school executives should take to halt sexual harassment. (MLF)

The legal audit of curriculum provides administrators with a procedure to systematically review local school policies and practices before they become involved in litigation by showing them the potential likelihood a suit would be successful against them. Over 160 court cases have been analyzed to develop the items in the legal curriculum audit.…

According to this paper, educators are underwhelmed with the rhetoric characterizing federal officials' pronouncements about schooling. Education Secretary William Bennett is assailed for goading state legislatures into educational improvement efforts while downplaying federal responsibility in this area. This speech expresses serious reservations…

There are three statutes that may regulate a school's obligation to the asthmatic child. Analyzes school policies in interaction with Individuals with Disabilities Education Act; Section 504 of the Rehabilitation Act of 1973; and the Americans with Disabilities Act. Reviews school policies from the most restricted no-medication policies to schools…

This article is an update and expansion of "Can We Still Sing Christmas Carols in Public Schools?" published in MEJ in November 1976. It is a report of a survey to determine whether any significant new guidelines were being developed on the issue of using sacred music in schools. (Editor/KC)

Calls on school administrators to protect education from further damage from federal legislation by being in closer touch with federal policymaking. Describes a Congressional shift away from instructional issues toward issues affecting noninstructional operations and a corresponding shift in lobbying effectiveness from a Washington-based emphasis…

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…

In 1978 Congress enacted an amendment to the General Education Provisions Act (the Hatch Amendment), which mandates two privacy-based safeguards in those federally funded programs "designed to explore or develop new or unproven teaching methods or techniques." Implementing regulations were issued last fall by the U.S. Department of…

This report is a 1983 update on corporal punishment prepared for the Illinois State Board of Education. It gives a historical perspective and reviews the practices in selected states and metropolitan districts. Corporal punishment is allowed in 46 states; 4 states prohibit it. Among large school districts in metropolitan areas there is a tendency…

Students who are sexually abused by school employees may file a claim in federal court under Title 42, Section 1983, of the U.S. Code, alleging that school officials violated their federal constitutional or statutory rights. Discusses the affirmative defense of qualified immunity, and theories under which students may recover monetary…

Explains how courts have interpreted sexual harassment to constitute sexual discrimination under Title IX, how the "deliberate indifference" standard may be applied to sexual harassment cases, how courts disagree on school liability for student-to-student harassment, and that school personnel are now being sued for damages. Provides…

The Kansas state plan for the education of homeless youth and children provides operational strategies to help local school districts and attendance centers facilitate an environment that is conducive to meeting this population's special needs. The plan confronts barriers to homeless children and youth to provide them with public education that is…

This manual is designed to be used to acquaint Michigan State school and community members with provisions and requirements of the Steward B. McKinney Homeless Assistance Amendments Act of 1990. This act authorizes local and intermediate school districts to use competitive funding and to implement innovative laws, policies, and procedures that…

Following up on the first two phases (1976-82) of the "District Practices Study" of Title I of the Elementary and Secondary Education Act (ESEA) as presented in a resource book and seven special reports, this report is devoted to the study's third and final phase. During phase III (1982-83), researchers visited 14 sites to describe their…