In an Oklahoma case, absence of a documented drug problem among students in nonathletic extracurricular activities led the10th Circuit Court to strike down the district's policy as unreasonable and unconstitutional. Imposing random, suspicionless drug-testing policies for all students attending school might violate the Fourth Amendment. (MLH)

A case involving an African-American teacher's complaint about a (reassigned) building engineer's abusive and racist language went nowhere. Apparently, the mere use of foul language does not establish a Title VII claim; the custodian's sporadic comments did not create a sufficiently "hostile work environment." (MLH)

In a Sixth Circuit Court decision, Judge Harry Welford concluded that the First Amendment did not prohibit an Ohio school district from banning Marilyn Manson T-shirts under the district's constitutional authority to regulate student speech (disruptive behavior) that conflicts with its basic educational mission. (MLH)

In its "stare decisis" ruling upholding a Pennsylvania school district's random drug-testing policy, a three-judge panel of the Seventh Circuit Court of Appeals nonetheless declared its disagreement with a similar panel's 1998 decision upholding another district's policy of random, suspicionless drug, alcohol, and tobacco testing. (MLH)

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.…

In a case involving use of physical force against a misbehaving eighth grader, a federal court judge concluded that the teacher's conduct did not violate the student's due-process rights, after applying the "shock the conscience" test. However, the case proceeded to trial, since district policy supported such force. (MLH)

Lays out the basic requirements of a sound antigang symbol policy. Discusses ways in which a school board can develop a sound policy that prohibits the wearing or display of gang-related symbols without overstepping constitutional boundaries. (LMI)

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)

In "Stephenson v. Davenport Community School District," the U.S. Eighth Circuit Court of Appeals ruled that schools cannot adopt unduly vague policies to regulate student expression, in this case, a cross-shaped tattoo. (LMI)

In a case involving questionable canine search-and-seizure practices, a circuit court upheld a school board's decision to terminate a teacher's contract. While touting zero tolerance, the board fired an honored teacher 3 years from retirement who may not have known about the marijuana cigarette in her car. (MLH)

Reviews a recent decision in "Littlefield" by the 5th Circuit upholding a school uniform policy. Advises board member who wish to adopt a school uniform policy to solicit input from parents and students, research the experiences of other school districts with uniform policies, and articulate the interests they wish to promote through uniform…