"State action" is a term used to describe claims arising under the due process clause of the Fourteenth Amendment and the Civil Rights Act for which a private party is seeking damages because the state has violated that party's civil rights. Cases are summarized illustrating the doctrine's evolution over the past century. The 1875 Civil…

Legal and practical considerations are discussed concerning whether school systems should participate in the nationwide class action suit against asbestos manufactureres or file suit on their own. Other topics discussed include grooming rules in sports, unnecessary litigation, and immunity from civil rights lawsuits for school officials. (TE)

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…

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)

Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

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…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

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…

Judicial decisions affecting educational policy and management that were handed down in 1990 by state appellate courts and federal courts are summarized and analyzed in this book. The analyses, each written by one or more experts in education law, are divided into eight topical chapters: (1) employees; (2) bargaining; (3) pupils; (4) handicapped;…

Judicial decisions affecting educational policy and management that were handed down in 1988 by state appellate courts and federal courts are summarized and analyzed in this book. The analyses, each written by one or more experts in education law, are divided into eight topical chapters: (1) employees; (2) bargaining; (3) pupils; (4) handicapped;…

Judicial decisions affecting educational policy and management that were handed down in 1991 by state and federal courts are summarized and analyzed in this book. The analyses are divided into eight topical chapters: (1) "Employees" (Ralph D. Mawdsley); (2) "Bargaining" (Charles J. Russo); (3) "Pupils" (Henry S.…

Judicial decisions affecting educational policy and management that were handed down in 1993 by state and federal courts are summarized and analyzed in this book. The analyses are divided into nine topical chapters: (1) "Employees" (Ralph D. Mawdsley); (2) "Bargaining" (Charles J. Russo); (3) "Pupils" (Henry S.…

This volume summarizes and analyzes judicial decisions affecting educational policy and management that were handed down in 1986 by state appellate courts and federal courts. The book is divided into the following eight topical chapters, each written by one or more experts in education law: (1) "Employees" by Gail Paulus Sorenson; (2) "Bargaining"…

Sixth in a series providing a scope treatment of case law on a wide range of public school issues, this monograph reviews selected federal and state decisions handed down between June 30, 1982 and June 30, 1983. School board issues covered include at-large election, open meeting laws, and authority to close schools, reduce slaries, interpret…

This comprehensive reference reviews court decisions affecting the operation, management, and governance of public schools. This edition analyzes all public school cases decided during the 1982 calendar years and reported in West's Regional, Federal, and Supreme Court Resports, through the December 1982 advance sheets. Included as well are 1981…