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Dowling-Sendor, Benjamin – American School Board Journal, 1999
In 1992, a high-school student and a math teacher sued the Cleveland Public Schools in Federal District Court, contending that the board's opening prayers violated the establishment clause and the Ohio Constitution. The 6th Circuit Court upheld this suit, saying school-board prayer differs from permissible legislative prayer. (MLH)
Descriptors: Boards of Education, Christianity, Court Litigation, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 2003
Analyzes federal case involving suspension of New Jersey high school student for wearing a T-shirt listing top 10 reasons for being a "redneck" in violation of district's racial harassment policy. Court upheld the policy with a minor exception, but ruled its application to the student's "redneck" T-shirt violated his First…
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Analysis of the U.S. Supreme Court's recent decision in "Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls," wherein the Court held that random drug testing of students taking part in extracurricular activities is constitutional. (PKP)
Descriptors: Board of Education Policy, Constitutional Law, Court Litigation, Drug Use Testing
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Describes 6th Circuit Court of Appeals decision in "Cockrel v. Schelby County School District," involving a fifth-grade teacher's claim that she was unlawfully terminated for teaching a unit on the industrial use of hemp, thus violating her First Amendment right of free speech. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Schools, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2000
Pressured by religious conservatives, Congress passed the Equal Access Act (1984), allowing secondary school students the right to form on-campus extracurricular religious and other clubs. Recently, a Gay-Straight Alliance Club at a southern California high school was granted court protection under this statute, despite the community's objections.…
Descriptors: Boards of Education, Clubs, Conservatism, Extracurricular Activities
Dowling-Sendor, Benjamin – American School Board Journal, 2000
A Colorado superintendent allowed to resign for personal reasons later sued the district, claiming confidentiality provisions had been breached. The Colorado Supreme Court reversed lower court rulings favoring the district. The settlement agreement does not violate the First Amendment, but merely applies state law requiring people to keep their…
Descriptors: Boards of Education, Confidentiality, Contracts, Dismissal (Personnel)
Dowling-Sendor, Benjamin – American School Board Journal, 2003
In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)
Descriptors: Board of Education Policy, Constitutional Law, Due Process, Enrollment
Dowling-Sendor, Benjamin – American School Board Journal, 2002
In "Wood," a dismissed employee sued the school district, the board, and three board members for violating Washington's Open Public Meetings Act (OPMA). The Court of Appeals ruled that e-mail exchanges between board members discussing board business are "meetings" governed by OPMA. Board members should review state law with…
Descriptors: Boards of Education, Court Litigation, Electronic Mail, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 1999
In Solon v. Gray Community School Corporation (Indiana)," the school district offered incentives for early retirement to teachers who retired with a minimum age of 58 and a maximum age of 61. The 7th U.S. Circuit Court of Appeals affirmed the core of the district court's ruling that the arrangement discriminated against older workers. (MLF)
Descriptors: Age Discrimination, Board of Education Policy, Court Litigation, Early Retirement
Dowling-Sendor, Benjamin – American School Board Journal, 2003
Analyzes "Camlin v. Beecher Community School District (Illinois)," wherein the state appellate court held that the school board violated its own drug policy when it expelled a high school student for allegedly smoking marijuana on a field trip without first offering him an opportunity to enter a drug education program. Court also held…
Descriptors: Board of Education Policy, Court Litigation, Discipline Policy, Drug Education
Dowling-Sendor, Benjamin – American School Board Journal, 1998
The current trend in equal-protection law is to reject the use of race-based, numerical formulas. However, in "Wessmann," a chief federal district judge in Massachusetts allowed race-based set-asides in the admission policy at Boston's three examination high schools. This decision, which is on appeal, has implications for school…
Descriptors: Board of Education Policy, Court Litigation, Diversity (Student), Equal Protection
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A recent decision by the 8th U.S. Circuit Court of Appeals in a case from Arkansas centered on a vicious letter written by an 8th-grade boy about his former girlfriend and turned over to school officials. The court ruled for the school district in expelling the student for the year, without allowing him to attend an alternative school. Argues that…
Descriptors: Boards of Education, Court Litigation, Discipline, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 2001
In a case involving parents' claims that a Louisiana district's uniform policy violated their children's 14th Amendment right to free speech, Fifth Circuit Judge Robert Parker sided with the school board. The board's legitimate interests in regulating student behavior outweighed students' legitimate interests concerning clothing choices. (MLH)
Descriptors: Boards of Education, Court Litigation, Dress Codes, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A federal case from Wooster, Ohio, illustrates the tension facing school boards and administrators when they deal with student expression. Explains the judge's reasoning about the issues involving First Amendment rights of student editors and the policies and relevant free-speech principles. (MLF)
Descriptors: Board of Education Policy, Censorship, Court Litigation, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2001
In "Castorina," the Sixth Circuit reversed a lower court ruling that had dismissed a suit by two high school students challenging their suspension for wearing T-shirts adorned with the Confederate flag. Reviews three Supreme Court decisions about the regulation of student expression. Concludes that a consensus for the regulation of…
Descriptors: Board of Education Policy, Court Litigation, Dress Codes, Federal Courts
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