Section 1983 of the U.S. Constitution provides individuals (including students) with the right to sue persons (including principals) acting "under color of law" for damages incurred in violation of their federal rights. This article examines two corporal punishment cases involving elementary school students involving possible due process…

This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…

In considering the suspension of three Des Moines students for wearing armbands to protest the Vietnamese War, the U.S. Supreme Court held that public school officials' prohibition of student expression violates the First Amendment. This article reviews this landmark case, employing interviews with the plaintiffs' and district's lead counsels.…

The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)

A mother in rural Illinois who demonstrated against a dress-code policy at a school board meeting by brandishing a toy gun was banned from future school activities and filed suit. Courts upheld the board's policy of imposing reasonable restrictions on time, place, and manner of free speech. (MLH)

Discusses federal district court decision dismissing suit brought by three Texas high school students claiming that their Fourth and Fourteenth Amendment rights were violated when police, at request of administrators, entered school and rounded up, handcuffed, and detained them and 11 other students who "hung out" with a student arrested…

Describes Illinois case involving the expulsion of five students for a gang-related brawl at a high school football game in Decatur. Students brought suit against the school district claiming violation of their 14th Amendment right to procedural due process. Both the federal district court and court of appeals rejected the students' claim.…

This comment examines Connecticut case law concerning teacher tenure according to its primary bases of authority: the United States Constitution, Connecticut statutes, and local board of education policies and agreements. (LBH)

Discusses a 2000 federal trial court decision upholding a Kentucky district's termination of a tenured teacher who presented a curricular segment on industrial hemp as part of a "save-the-trees" unit. The decision underscores teachers' severely limited constitutional rights in the curricular context. (MLH)

Reviews Ridgewood, New Jersey, case wherein several parents claimed that school district's student survey violated students' privacy rights protected by the Constitution and two federal statutes: The Family Rights and Privacy Act and the Protection of Pupil Rights Amendment. Discusses subsequent federal regulatory and state legislative action.…

In a case involving a swim-team student's mandatory pregnancy test and a varsity coach's mishandling of confidentiality, the Third Circuit Court of Appeals awarded the coach qualified immunity, while rejecting the student's Fourth and First Amendment claims. Discretion and legal counsel would have helped. (MLH)

Neil Devins, in part 1 of this chapter, discusses state regulation of home instruction. A different perspective on this subject is presented by Perry A. Zirkel in part 2. Parents have claimed that state regulations deprive them of their right, protected by the due process clause of the Fourteenth Amendment, to direct their children's upbringing.…

An annotated bibliography lists 34 Supreme Court decisions since 1970 that have arisen in colleges and universities. They are organized according to the type of institution to which they appear to apply (public, general, private, and church-related), and according to their application to student or faculty affairs. The following decisions are…

Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…

This second chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 affecting collective bargaining between staff members and management representatives in public education. Among the topics examined are constitutional issues associated with distribution of union materials, union…