A federal court awarded attorney fees in a P.L. 94-142 case on the basis of violation of a handicapped student's due process rights, and the U.S. Surpeme Court will review another P.L. 94-142 case that could have an impact on special education budgets. (DCS)

This special issue is intended to help teachers educate students about today's important U.S. Supreme Court and other judicial decisions, the legal issues they involve, and their impact on students' lives. The issue focuses upon the 1995 term of the Supreme Court and the tendency for the justices to vote unanimously. An overview of the cases and…

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

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…

Intended to assist debaters and coaches who will be debating the 1983-84 national high school debate topic, this booklet combines discussion of general debate theory, and information specific to the topic: "What changes are most needed in the procedures used in the United States justice system?" The eight chapters of the booklet contain…

"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…

Addresses the question of whether student prayer groups should be allowed to use school facilities. The Equal Access Act allows all noncurricular student groups to meet, whereas four federal appellate court decisions ban prayer groups on the basis that separation between church and state outweighs students' right to free speech. (WTH)

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)

Outlines an upper elementary lesson in which students examine the judicial branch and the power of judicial review. Uses an actual case, "Torcaso v. Watkins," to demonstrate how the U.S. Supreme Court used its power of judicial review to strike down an unconstitutional state law. Provides discussion questions and optional activities. (LS)

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 resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck…

In ruling that school officials had not violated students' protection for free speech by censoring a high school newspaper, the U.S. Supreme Court declared the newspaper to be a supervised learning experience for students. Traces the course curriculum theory rationale, implications for college newspapers, and other aspects of censorship. (MLF)

While the courts have said that public schools may not permit extracurricular religious groups to meet at school, Congress's Equal Access Act says that under certain conditions they must. The Supreme Court will review the issue. A copy of the Equal Access Act is provided. (DCS)