A 2007 report from the Congressional Budget Office (CBO 2007) estimated that 12 million "unauthorized immigrants" lived in the United States, defining the term "unauthorized immigrants" as "foreign citizens residing in the United States illegally." Without providing exact numbers, in his 2011 State of the Union address, President Obama addressed…

A major expense associated with litigating disputes under the Individuals with Disabilities Education Act (IDEA) is the right of parents who succeed in suits against their school boards to recover attorney fees. Yet until recently, boards were generally unable to recover attorney fees from parents even when they succeeded in demonstrating that…

The Supreme Court's recent decision in "Fitzgerald v. Barnstable School Committee" (2009) expands the opportunities for students and their parents to sue school boards for alleged sex discrimination. Even so, as discussed here, "Fitzgerald" should have little effect on the day-to-day operations of school systems. This column…

Schools officials owe a duty of care to all the students in their custody. An emerging, but not unanimous, judicial consensus seems to agree that school board officials have a greater legal duty when supervising students with disabilities. A case on this important issue arose in "Jennifer C. v. Los Angeles Unified School District"…

According to the Individuals with Disabilities Education Act (IDEA), once students with disabilities receive educational placements, school officials cannot unilaterally change their settings. When officials wish to change the placements of students with disabilities for any reason, they must not only notify their parents of their intent to do so…

In 1990, Congress enacted the Americans with Disabilities Act as a comprehensive mandate to eliminate discrimination against individuals with disabilities. The ADA's primary intent was to extend the protection of Section 504 of the Rehabilitation Act of 1973. The major difference between the two laws is that Section 504 applies to programs that…

In the midst of growing controversy over the limits of student expression on the Internet, a federal trial court in Pennsylvania addressed the extent to which education officials can restrict the ability of student teachers and, by extension, teachers and other school employees, to exercise their rights to free speech on Internet social networking…

Reviews three recent court cases from separate jurisdictions dealing with letters of recommendation. Suggests ways to avoid controversy and possible litigation involving letters of recommendation. Recommends that school boards update their policies on providing letters of reference for school personnel to reflect status of law in their states.…

Updates the Family Educational Rights and Privacy Act in light of two Supreme Court decisions in 2002: "Owasso Independent School District v. Falvo" and "Gonzaga University v. Doe." Suggests implications for school board policies on student records. (PKP)

Reviews six Supreme Court decisions on sexual harassment since 1992, three of which were education cases. Suggests content of school board policy to comply with Court's sexual-harassment decisions and thus limit liability under Title IX for offenses involving students and Title VII for acts involving school personnel. (PKP)

Analysis of 2001 United States Supreme Court decision in "Earls v. Board of Education of Tecumseh Public Schools," upholding random drug testing for students participating in extracurricular activities. Discusses implications for school policy and practice. (Contains 15 references.) (PKP)

With the "Davis v. Monroe County Board of Education" decision, a bitterly divided U.S. Supreme Court resolved the split between circuit courts over public school districts' liability for money damages under Title IX. Boards may be held liable when school officials are deliberately indifferent to on-campus student-to-student sexual…

The Supreme Court's decision in "Reno," striking down major portions of the Communications Decency Act of 1996, pits the need to protect children from inappropriate material against the need to maintain free Internet access by adults. Highlights major points in the holding and discusses the meaning of "Reno" for educators. (MLF)

As school-based decision making continues to be a popular governance option throughout the country, the recent decision of the Supreme Court of Kentucky in "Bushee," upholding the power and autonomy of school councils in relation to school boards, may act as a bellwether to other locations. (119 footnotes) (MLF)

Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…