Reviews the Supreme Court's decision in "Swann v. Charlotte-Mecklenburg Board of Education" affirming court-ordered desegregation to remedy government-sanctioned desegregation. Discusses decision by the Fourth Circuit Court of Appeals that ended federal court supervision of the Charlotte-Mecklenburg School District's efforts to achieve…

In a case involving an injured football player, an 11th Circuit judge viewed a coach's refusal to stop a fight as corporal punishment. Federal courts in five circuits have ruled that excessive corporal punishment violates the Due Process Clause if it is so brutal and harmful that it shocks the court's conscience. (MLH)

Analyzes recent U.S. Supreme Court's 5-4 decision in "Zelman v. Simmons-Harris," upholding the constitutionality of Cleveland's voucher program that provided public funds to private religious schools. Majority held that voucher program did not violate the Establishment Clause of the 14th Amendment. (PKP)

Discusses a Pennsylvania case to determine whether a school district is liable for monetary damages involving a teacher's sexual abuse of a student. The case turns on the meaning of "appropriate person" under the U.S. Supreme Court's Title IX analysis. (PKP)

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…

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…

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…

Discusses Louisiana case wherein a federal district court judge ruled that an elementary principal violated the Establishment Clause by distributing Bibles to students. Includes Supreme Court's three-part "Lemon" test to determine if government practice violates the Establishment Clause. (PKP)

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)

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)

Describes Wisconsin case involving the suicide of seventh-grade girl after principal suspended her for having a cigarette in her locker--disciplinary action required by school board policy. Parents sued claiming violation of their daughter's 14th Amendment rights and state negligence laws. Federal appellate court dismissed all claims; parents…

Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…

Voucher advocates won a major victory when the U.S. Supreme Court let stand a Wisconsin Supreme Court ruling that Milwaukee's voucher program passed constitutional muster. Summarizes the majority opinion. Points out that whether voucher programs represent prudent public policy is a political question to be addressed by voters and legislation. (MLF)